Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696578100271.pdf (United States)
(g) TERMINATION OF BORROWER ELIGIBILITY.—The status of an individual as an eligible combined payment plan borrower termi- nates upon receipt of a combined payment plan.

(h) FEES AND PREMIUMS.—No origination fee or insurance pre- mium shall be charged to the borrower on any combined payment plan, and no origination fee or insurance premium shall be payable by the lender to the Secretary of Health and Human Services.
(i) COMMENCEMENT OF REPAYMENT.—Repayment of a combined payment plan shall commence within 60 days after the later of the date of acceptance of the lender’s offer to administer a combined payment plan, the making of the consolidation loan or the reissuance of any Health Education Assistance Loans pursuant to subsection (e).

SEC.

485B.

ø20 U.S.C.

1092b¿ NATIONAL STUDENT LOAN DATA SYSTEM.
(a) DEVELOPMENT OF THE SYSTEM.—The Secretary shall con- sult with a representative group of guaranty agencies, eligible lend- ers, and eligible institutions to develop a mutually agreeable pro- posal for the establishment of a National Student Loan Data Sys- tem containing information regarding loans made, insured, or guar- anteed under part B and loans made under parts D and E, and for allowing the electronic exchange of data between program partici- pants and the system.
In establishing such data system, the Sec- retary shall place a priority on providing for the monitoring of en- rollment, student status, information about current loan holders and servicers, and internship and residency information.

Such data system shall also permit borrowers to use the system to identify the current loan holders and servicers of such borrower’s loan not later than one year after the date of enactment of the Higher Edu- cation Amendments of 1998.
The information in the data system shall include (but is not limited to)— (1) the amount and type of each such loan made; (2) the names and social security numbers of the bor- rowers; (3) the guaranty agency responsible for the guarantee of the loan; (4) the institution of higher education or organization re- sponsible for loans made under parts D and E; September 8, 2023 As Amended Through P.L.
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485B HIGHER EDUCATION ACT OF 1965 684 (5) the exact amount of loans partially or totally canceled or in deferment for service under the Peace Corps Act (22 U.S.C.

2501 et seq.

), for service under the Domestic Volunteer Service Act of 1973 (42 U.S.C.

4951 et seq.
), and for com- parable full-time service as a volunteer for a tax-exempt orga- nization of demonstrated effectiveness; (6) the eligible institution in which the student was en- rolled or accepted for enrollment at the time the loan was made, and any additional institutions attended by the bor- rower; (7) the total amount of loans made to any borrower and the remaining balance of the loans; (8) the lender, holder, and servicer of such loans; (9) information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan on which the Secretary has made a payment pursuant to section 430(a) or the guaranty agency has made a payment to the pre- vious holder of the loan; (10) information regarding any deferments or forbearance granted on such loans; and (11) the date of cancellation of the note upon completion of repayment by the borrower of the loan or payment by the Sec- retary pursuant to section 437.
(b) ADDITIONAL INFORMATION.—For the purposes of research and policy analysis, the proposal shall also contain provisions for obtaining additional data concerning the characteristics of bor- rowers and the extent of student loan indebtedness on a statis- tically valid sample of borrowers under part B.
Such data shall in- clude— (1) information concerning the income level of the borrower and his family and the extent of the borrower’s need for stu- dent financial assistance, including loans; (2) information concerning the type of institution attended by the borrower and the year of the program of education for which the loan was obtained; (3) information concerning other student financial assist- ance received by the borrower; and (4) information concerning Federal costs associated with the student loan program under part B of this title, including the costs of interest subsidies, special allowance payments, and other subsidies.
(c) VERIFICATION.—The Secretary may require lenders, guar- anty agencies, or institutions of higher education to verify informa- tion or obtain eligibility or other information through the National Student Loan Data System prior to making, guaranteeing, or certi- fying a loan made under part B, D, or E. (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 sys- tem, including, at a minimum— (1) ensuring that the primary purpose of access to the data system by guaranty agencies, eligible lenders, and eligible in- stitutions of higher education is for legitimate program oper- September 8, 2023 As Amended Through P.L.
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485B ations, such as the need to verify the eligibility of a student, potential student, or parent for loans under part B, D, or E; (2) prohibiting nongovernmental researchers and policy an- alysts from accessing personally identifiable information; (3) creating a disclosure form for students and potential students that is distributed when such students complete the common financial reporting form under section 483, and as a part of the exit counseling process under section 485(b), that— (A) informs the students that any title IV grant or loan the students receive will be included in the National Student Loan Data System, and instructs the students on how to access that information; (B) describes the categories of individuals or entities that may access the data relating to such grant or loan through the data system, and for what purposes access is allowed; (C) defines and explains the categories of information included in the data system; (D) provides a summary of the provisions of section 444 of the General Education Provisions Act (commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’) and other applicable Federal privacy statutes, and a statement of the students’ rights and responsibilities with respect to such statutes; (E) explains the measures taken by the Department to safeguard the students’ data; and (F) includes other information as determined appro- priate by the Secretary; (4) requiring guaranty agencies, eligible lenders, and eligi- ble institutions of higher education that enter into an agree- ment with a potential student, student, or parent of such stu- dent regarding a loan under part B, D, or E, to inform the stu- dent or parent that such loan shall be— (A) submitted to the data system; and (B) accessible to guaranty agencies, eligible lenders, and eligible institutions of higher education determined by the Secretary to be authorized users of the data system; (5) regularly reviewing the data system to— (A) delete inactive users from the data system; (B) ensure that the
 data in the data system are not being used for marketing purposes; and (C) monitor the use of the data system by guaranty agencies and eligible lenders to determine whether an agency or lender is accessing the records of students in which the agency or lender has no existing financial inter- est; (6) developing standardized protocols for limiting access to the data system that include— (A) collecting data on the usage of the data system to monitor whether access has been or is being used contrary to the purposes of the data system; (B) defining the steps necessary for determining whether, and how, to deny or restrict access to the data system; and September 8, 2023 As Amended Through P.L.
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485B HIGHER EDUCATION ACT OF 1965 686 (C) determining the steps necessary to reopen access to the data system following a denial or restriction of ac- cess; and (7) preventing access to the data system and any other sys- tem used to administer a program under this title by any per- son or entity for the purpose of assisting a student in man- aging loan repayment or applying for any repayment plan, con- solidation loan, or other benefit authorized by this title, unless such access meets the requirements described in subsection (e).
(e) REQUIREMENTS FOR THIRD-PARTY DATA SYSTEM ACCESS.— (1) IN GENERAL.—As provided in paragraph (7) of sub- section (d), an authorized person or entity described in para- graph (2) may access the data system and any other system used to administer a program under this title if that access— (A) is in compliance with terms of service, information security standards, and a code of conduct which shall be established by the Secretary and published in the Federal Register; (B) is obtained using an access device (as defined in section 1029(e)(1) of title 18, United States Code) issued by the Secretary to the authorized person or entity; and (C) is obtained without using any access device (as de- fined in section 1029(e)(1) of title 18, United States Code) issued by the Secretary to a student, borrower, or parent.
(2) AUTHORIZED PERSON OR ENTITY.—An authorized person or entity described in this paragraph means— (A) a guaranty agency, eligible lender, or eligible insti- tution, or a third-party organization acting on behalf of a guaranty agency, eligible lender, or eligible institution, that is in compliance with applicable Federal law (includ- ing regulations and guidance); or (B) a licensed attorney representing a student, bor- rower, or parent, or another individual who works for a Federal, State, local, or Tribal government or agency, or for a nonprofit organization, providing financial or student loan repayment counseling to a student, borrower, or par- ent, if— (i) that attorney or other individual has never en- gaged in unfair, deceptive, or abusive practices, as de- termined by the Secretary; (ii) that attorney or other individual does not work for an entity that has engaged in unfair, deceptive, or abusive practices (including an entity that is owned or operated by a person or entity that engaged in such practices), as determined by the Secretary; (iii) system access is provided only through a sep- arate point of entry; and (iv) the attorney or other individual has consent from the relevant student, borrower, or parent to ac- cess the system.
(f) REPORTS TO CONGRESS.— (1) ANNUAL REPORT.—Not later than September 30 of each fiscal year, the Secretary shall prepare and submit to the au- thorizing committees a report describing— September 8, 2023 As Amended Through P.L.

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485B (A) the effectiveness of existing privacy safeguards in protecting student, borrower, and parent information in the data system; (B) the success of any new authorization protocols in more effectively preventing abuse of the data system; (C) the reduction in improper data system access as described in subsection (d)(7); (D) the ability of the Secretary to monitor how the sys- tem is being used, relative to the intended purposes of the data system; and (E) any protocols, codes of conduct, terms of service, or information security standards developed under para- graphs (6) or (7) of subsection (d) during the preceding fis- cal year.
(2) STUDY.— (A) IN GENERAL.—The Secretary shall conduct a study regarding— (i) available mechanisms for providing students and parents with the ability to opt in or opt out of al- lowing eligible lenders to access their records in the National Student Loan Data System; and (ii) appropriate protocols for limiting access to the data system, based on the risk assessment required under subchapter III of chapter 35 of title 44, United States Code.
(B) SUBMISSION OF STUDY.—Not later than three years after the date of enactment of the Higher Education Op- portunity Act, the Secretary shall prepare and submit a re- port on the findings of the study under subparagraph (A) to the authorizing committees.
(g) STANDARDIZATION OF DATA REPORTING.— (1) IN GENERAL.—The Secretary shall by regulation pre- scribe standards and procedures (including relevant defini- tions) that require all lenders and guaranty agencies to report information on all aspects of loans made under this title in uni- form formats in order to permit the direct comparison of data submitted by individual lenders, servicers or guaranty agen- cies.
(2) ACTIVITIES.—For the purpose of establishing standards under this section, the Secretary shall— (A) consult with guaranty agencies, lenders, institu- tions of higher education, and organizations representing the groups described in paragraph (1); (B) develop standards designed to be implemented by all guaranty agencies and lenders with minimum modifica- tions to existing data processing hardware and software; and (C) publish the specifications selected to be used to en- courage the automation of exchanges of information be- tween all parties involved in loans under this title.
(h) COMMON IDENTIFIERS.—The Secretary shall, not later than July 1, 1993— (1) revise the codes used to identify institutions and stu- dents in the student loan data system authorized by this sec- September 8, 2023 As Amended Through P.L.

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485C HIGHER EDUCATION ACT OF 1965 688 tion to make such codes consistent with the codes used in each database used by the Department of Education that contains information of participation in programs under this title; and (2) modify the design or operation of the system authorized by this section to ensure that data relating to any institution is readily accessible and can be used in a form compatible with the integrated postsecondary education data system (IPEDS).
(i) INTEGRATION OF DATABASES.—The Secretary shall integrate the National Student Loan Data System with the Pell Grant appli- cant and recipient databases as of January 1, 1994, and any other databases containing information on participation in programs under this title.

SEC.

485C.

ø20 U.S.C.

1092c¿ SIMPLIFICATION OF THE LENDING PROC- ESS FOR BORROWERS.
(a) ALL LIKE LOANS TREATED AS ONE.—To the extent prac- ticable, and with the cooperation of the borrower, eligible lenders shall treat all loans made to a borrower under the same section of part B as one loan and shall submit one bill to the borrower for the repayment of all such loans for the monthly or other similar period of repayment.

Any deferments on one such loan will be con- sidered a deferment on the total amount of all such loans.
(b) ONE LENDER, ONE GUARANTY AGENCY.—To the extent prac- ticable, and with the cooperation of the borrower, the guaranty agency shall ensure that a borrower only have one lender, one holder, one guaranty agency, and one servicer with which to main- tain contact.

SEC.

485D.

ø20 U.S.C.

1092e¿ COLLEGE ACCESS INITIATIVE.
(a) STATE-BY-STATE INFORMATION.—The Secretary shall direct each guaranty agency with which the Secretary has an agreement under section 428(c) to provide to the Secretary the information necessary for the development of Internet web links and access for students and families to a comprehensive listing of the postsec- ondary education opportunities, programs, publications, Internet web sites, and other services available in the States for which such agency serves as the designated guarantor.
(b) GUARANTY AGENCY ACTIVITIES.— (1) PLAN AND ACTIVITY REQUIRED.—Each guaranty agency with which the Secretary has an agreement under section 428(c) shall develop a plan, and undertake the activity nec- essary, to gather the information required under subsection (a) and to make such information available to the public and to the Secretary in a form and manner as prescribed by the Sec- retary.
(2) ACTIVITIES.—Each guaranty agency shall undertake such activities as are necessary to promote access to postsec- ondary education for students through providing information on college planning, career preparation, and paying for college.

The guaranty agency shall publicize such information and co- ordinate such activities with other entities that either provide or distribute such information in the States for which such guaranty agency serves as the designated guarantor.
(3) FUNDING.—The activities required by this section may be funded from the guaranty agency’s Operating Fund estab- September 8, 2023 As Amended Through P.L.

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485E lished pursuant to section 422B and, to the extent funds re- main, from earnings on the restricted account established pur- suant to section 422(h)(4).

(4) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to require a guaranty agency to duplicate any efforts under way on the date of enactment of the Higher Education Reconciliation Act of 2005 that meet the require- ments of this section.
(c) ACCESS TO INFORMATION.— (1) SECRETARY’S RESPONSIBILITY.—The Secretary shall en- sure the availability of the information provided, by the guar- anty agencies in accordance with this section, to students, par- ents, and other interested individuals, through Internet web links or other methods prescribed by the Secretary.
(2) GUARANTY AGENCY RESPONSIBILITY.—The guaranty agencies shall ensure that the information required by this sec- tion is available without charge in printed format for students and parents requesting such information.
(3) PUBLICITY.—Not later than 270 days after the date of enactment of the Higher Education Reconciliation Act of 2005, the Secretary and guaranty agencies shall publicize the avail- ability of the information required by this section, with special emphasis on ensuring that populations that are traditionally underrepresented in postsecondary education are made aware of the availability of such information.

SEC.

485E.

73 ø20 U.S.C.

1092f¿ EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.
(a) IN GENERAL.—The Secretary shall implement, in coopera- tion with States, institutions of higher education, secondary schools, early intervention and outreach programs under this title, other agencies and organizations involved in student financial as- sistance and college access, public libraries, community centers, employers, and businesses, a comprehensive system of early finan- cial aid information in order to provide students and families with early information about financial aid and early estimates of such students’ eligibility for financial aid from multiple sources.
Such system shall include the activities described in subsection (b).

(b) COMMUNICATION OF AVAILABILITY OF AID AND AID ELIGI- BILITY.— (1) STUDENTS WHO RECEIVE BENEFITS.—The Secretary shall— (A) make special efforts to notify students who receive or are eligible to receive benefits under a Federal means- tested benefit program (including the supplemental nutri- tion assistance program under the Food and Nutrition Act of 2008 (7 U.S.C.

2011 et seq.
2011 et seq.

)), or another such benefit program as determined by the Secretary, of such students’ potential eligibility for the Federal Pell Grant amount, de- termined under section 401(b)(2)(A), for which the student would be eligible; and 73 For a version of section 485E, as amended by section 702(o) of division FF of Public Law 116-260 (in effect beginning on July 1, 2024), see version set out in a note below.

September 8, 2023 As Amended Through P.L.


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485E HIGHER EDUCATION ACT OF 1965 690 (B) disseminate such informational materials, that are part of the system described in subsection (a), as the Sec- retary determines necessary.
(2) SECONDARY SCHOOL STUDENTS.—The Secretary, in co- operation with States, institutions of higher education, other organizations involved in college access and student financial aid, secondary schools, and programs under this title that serve secondary school students, shall make special efforts to notify students in secondary school and their families, as early as possible but not later than such students’ junior year of sec- ondary school, of the availability of financial aid under this title and shall provide nonbinding estimates of the amounts of grant and loan aid that an individual may be eligible for under this title upon completion of an application form under section 483(a).
The Secretary shall ensure that such information is as accurate as possible and that such information is provided in an age-appropriate format using dissemination mechanisms suitable for students in secondary school.
(3) ADULT LEARNERS.—The Secretary, in cooperation with States, institutions of higher education, other organizations in- volved in college access and student financial aid, employers, workforce investment boards, and public libraries, shall make special efforts to provide individuals who would qualify as independent students, as defined in section 480(d), with infor- mation regarding the availability of financial aid under this title and with nonbinding estimates of the amounts of grant and loan aid that an individual may be eligible for under this title upon completion of an application form under section 483(a).
The Secretary shall ensure that such information— (A) is as accurate as possible; (B) includes specific information regarding the avail- ability of financial aid for students qualified as inde- pendent students, as defined in section 480(d); and (C) uses dissemination mechanisms suitable for adult learners.
(4) PUBLIC AWARENESS CAMPAIGN.—Not later than two years after the date of enactment of the Higher Education Op- portunity Act, the Secretary, in coordination with States, insti- tutions of higher education, early intervention and outreach programs under this title, other agencies and organizations in- volved in college access and student financial aid, secondary schools, organizations that provide services to individuals that are or were homeless, to individuals in foster care, or to other disconnected individuals, local educational agencies, public li- braries, community centers, businesses, employers, employ- ment services, workforce investment boards, and movie thea- ters, shall implement a public awareness campaign in order to increase national awareness regarding the availability of finan- cial 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 rel- September 8, 2023 As Amended Through P.L.
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485E evant independent research and the information and dissemi- nation strategies found most effective in implementing para- graphs (1) through (3).
øEffective on July 1, 2024, section 702(o) of division FF of Pub- lic Law 116–260 provides for an amendment to strike section 485E and insert a new section 485E.

Upon such date, section 485E (as amended including an amendment by section 102(b)(5) of division R of Public Law 117–103 ) will read as follows:¿ SEC.

485E.

EARLY AWARENESS AND OUTREACH OF FINANCIAL AID ELI- GIBILITY.
(a) IN GENERAL.—The Secretary shall implement early outreach activities in order to provide prospective students and their families with information about financial aid and estimates of financial aid.

Such early outreach activities shall include the activities described in subsections (b), (c), and (d).
(b) PELL GRANT EARLY AWARENESS ESTIMATES.— (1) IN GENERAL.—The Secretary shall produce a consumer- tested method of estimating student eligibility for Federal Pell Grants under section 401(b) utilizing the variables of family size and adjusted gross income, presented in electronic format.

There shall be a method for students to indicate whether they are, or will be in— (A) a single-parent household; (B) a household with two parents; or (C) a household with no children or dependents.
(2) CONSUMER TESTING.— (A) IN GENERAL.—The method of estimating eligibility described in paragraph (1) shall be consumer tested with prospective first-generation students and families as well as low-income individuals and families.

(B) UPDATES.—For award year 2024–2025 and each fourth succeeding award year thereafter, the design of the method of estimating eligibility shall be updated based on additional consumer testing with the populations described in subparagraph (A).
(3) DISTRIBUTION.—The method of estimating eligibility de- scribed in paragraph (1) shall be— (A) made publicly and prominently available on the Department’s website; and (B) actively shared by the Secretary with— (i) institutions of higher education participating in programs under this title; (ii) all middle and secondary schools eligible for funds under part A of title I of the Elementary and Secondary Education Act of 1965; (iii) local educational agencies and middle schools and high schools that serve students not less than 25 percent of whom meet a measure of poverty as de- scribed in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; and September 8, 2023 As Amended Through P.L.
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485E HIGHER EDUCATION ACT OF 1965 692 (iv) agencies responsible for administering means- tested Federal benefit programs, as defined in section 479(b)(4)(H).
(4) ELECTRONIC ESTIMATOR ON FAFSA.—In accordance with subsection (d)(5) of section 483, the Secretary shall maintain an electronic method for applicants to enter income and family size, and level of education sought information to calculate a non-binding estimate (which may include a range, ceiling, or minimum) of the applicant’s Federal financial aid available under this title and shall place such calculator on a prominent location on the FAFSA website and in a manner that encour- ages students to fill out the FAFSA.
(c) EARLY AWARENESS PLANS.—The Secretary shall establish and implement early awareness and outreach plans to provide early information about the availability of Federal financial aid and esti- mates of prospective students’ eligibility for Federal financial aid as well as to promote the attainment of postsecondary education spe- cifically among prospective first-generation students and families as well as low-income individuals and families, as follows: (1) OUTREACH PLANS FOR LOW-INCOME FAMILIES.— (A) IN GENERAL.—The Secretary shall develop plans for each population described in this subparagraph to dissemi- nate information about the availability of Federal financial aid under this title, in addition to and in coordination with the distribution of the method of estimating eligibility under subsection (b), to— (i) all middle schools and secondary schools eligi- ble for funds under part A of title I of the Elementary and Secondary Education Act of 1965; (ii) local educational agencies and middle schools and high schools that serve students not less than 25 percent of whom meet a measure of poverty as de- scribed in section 1113(a)(5) of the Elementary and Secondary Education Act; (iii) households receiving assistance under the sup- plemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.

); and (iv) agencies responsible for administering means- tested Federal benefit programs, as defined in section 479(b)(4)(H).
(B) CONTENT OF PLANS.—The plans described in para- graph (A) shall— (i) provide students and their families with infor- mation on— (I) the availability of the College Scorecard or any similar successor website; (II) the electronic estimates of financial aid available under subsection (b); (III) Federal financial aid available to stu- dents, including eligibility criteria for the Federal financial aid and an explanation of the Federal fi- nancial aid programs (including applicable Fed- eral educational tax credits); and September 8, 2023 As Amended Through P.L.
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485E (IV) resources that can inform students of fi- nancial aid that may be available from state-based financial aid, state-based college savings pro- grams, and scholarships and other non-govern- mental sources; (ii) describe how the dissemination of information will be conducted by the Secretary.

(C) REPORTING AND UPDATES.—The Secretary shall post the information about the plans under subparagraph (A) and associated goals publicly on the Department’s website.
On an annual basis, the Secretary shall report qualitative and quantitative outcomes regarding the imple- mentation of the plans under subparagraph (A).

The Sec- retary shall review and update such plans not less often than every 4 award years with the goal of progressively in- creasing the impact of the activities under this paragraph.
(D) PARTNERSHIP.—The Secretary may partner with States, State systems of higher education, institutions of higher education, or college access organizations to carry out this paragraph.
(2) INTERAGENCY COORDINATION PLANS.— (A) IN GENERAL.—The Secretary shall develop inter- agency coordination plans in order to inform more students and families, including low-income individuals or families and recipients of means-tested Federal benefits, about the availability of Federal financial aid under this title through participation in existing Federal programs or tax benefits that serve low-income individuals or families, in coordination with the following Secretaries: (i) The Secretary of the Treasury.
(ii) The Secretary of Labor.

(iii) The Secretary of Health and Human Services.

(iv) The Secretary of Agriculture.

(v) The Secretary of Housing and Urban Develop- ment.

(vi) The Secretary of Commerce.

(vii) The Secretary of Veterans Affairs.

(viii) The Secretary of the Interior.
(B) PROCESS, ACTIVITIES, AND GOALS.—Each inter- agency coordination plan under subparagraph (A) shall— (i) identify opportunities in which low-income indi- viduals and families could be informed of the avail- ability of Federal financial aid under this title through access to other Federal programs that serve low-income individuals and families; (ii) identify methods to effectively inform low-in- come individuals and families of the availability of Federal financial aid for postsecondary education under this title and assist such individuals in com- pleting the Free Application for Federal Student Aid; (iii) develop early awareness and FAFSA comple- tion activities that align with the opportunities and methods identified under clauses (i) and (ii); September 8, 2023 As Amended Through P.L.
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485E HIGHER EDUCATION ACT OF 1965 694 (iv) establish goals regarding the effects of the ac- tivities to be implemented under clause (iii); and (v) provide information on how students and fami- lies can maintain access to Federal programs that serve low-income individuals and families operated by the agencies identified under subsection (A) while at- tending an institution of higher education.
(C) PLAN WITH SECRETARY OF THE TREASURY.—The interagency coordination plan under subparagraph (A)(i) between the Secretary and the Secretary of the Treasury shall further include specific methods to increase the appli- cation for Federal financial aid under this title from indi- viduals who file Federal tax returns, including collabora- tion with tax preparation entities or other third parties, as appropriate.
(D) REPORTING AND UPDATES.—The Secretary shall post the information about the interagency coordination plans under this paragraph and associated goals publicly on the Department’s website.

The plans shall have the goal of progressively increasing the impact of the activities under this paragraph by increasing the number of low-in- come applicants for, and recipients of, Federal financial aid.

The plans shall be updated not less than once every 4 years.
(3) NATIONWIDE PARTICIPATION IN EARLY AWARENESS PLANS.— (A) IN GENERAL.—The Secretary shall solicit voluntary public commitments from entities, such as States, State sys- tems of higher education, institutions of higher education, and other interested organizations, to carry out early awareness plans, which shall include goals, to— (i) notify prospective and existing students who are low-income individuals and families about their eligi- bility for Federal aid under this title, as well as State- based financial aid, if applicable, on an annual basis; (ii) increase the number of prospective and current students who are low-income individuals and families filing the Free Application for Federal Student Aid; and (iii) increase the number of prospective and current students who are low-income individuals and families enrolling in postsecondary education.
(B) REPORTING AND UPDATES.—Each entity that makes a voluntary public commitment to carry out an early awareness plan may submit quantitative and qualitative data based on the entity’s progress toward the goals of the plan annually prior to a date selected by the Secretary.

(C) EARLY AWARENESS CHAMPIONS.—Based on data submitted by entities, the Secretary shall select and des- ignate entities submitting public commitments, plans, and goals, as Early Awareness Champions on an annual basis.
Those entities designated as Early Awareness Champions shall provide one or more case studies regarding the activi- ties the entity undertook under this paragraph which shall September 8, 2023 As Amended Through P.L.

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486 be made public by the Secretary on the Department of Edu- cation website to promote best practices.
(d) PUBLIC AWARENESS CAMPAIGN.— (1) IN GENERAL.—The Secretary shall develop and imple- ment a public awareness campaign designed using current and relevant independent research regarding strategies and media platforms found to be most effective in communicating with low-income populations in order to increase national awareness regarding the availability of Federal Pell Grants and financial aid under this title and, at the option of the Secretary, potential availability of state need-based financial aid.
(2) COORDINATION.—The public awareness campaign de- scribed in paragraph (1) shall leverage the activities in sub- sections (b) and (c) to highlight eligibility among low-income populations.
In developing and implementing the campaign, the Secretary may work in coordination with States, institutions of higher education, early intervention and outreach programs under this title, other Federal agencies, agencies responsible for administering means-tested Federal benefit programs (as de- fined in section 479(b)(4)(H)), organizations involved in college access and student financial aid, secondary schools, local edu- cational agencies, public libraries, community centers, busi- nesses, employers, workforce investment boards, and organiza- tions that provide services to individuals who are or were home- less, in foster care, or are disconnected youth.
(3) REPORTING.—The Secretary shall report on the success of the public awareness campaign described in paragraph (1) annually regarding the extent to which the public and target populations were reached using data commonly used to evalu- ate advertising and outreach campaigns and data regarding whether the campaign produced any increase in applicants for Federal aid under this title publicly on the Department of Edu- cation website.

SEC.

486. ø20 U.S.C.

1093¿ DISTANCE EDUCATION DEMONSTRATION PROGRAMS.
(a) PURPOSE.—It is the purpose of this section— (1) to allow demonstration programs that are strictly mon- itored by the Department of Education to test the quality and viability of expanded distance education programs currently re- stricted under this Act; (2) to provide for increased student access to higher edu- cation through distance education programs; and (3) to help determine— (A) the most effective means of delivering quality edu- cation via distance education course offerings; (B) the specific statutory and regulatory requirements which should be altered to provide greater access to high quality distanceeducation programs; and (C) the appropriate level of Federal assistance for stu- dents enrolled in distance education programs.
(b) DEMONSTRATION PROGRAMS AUTHORIZED.— (1) IN GENERAL.—In accordance with the provisions of sub- section (d), the Secretary is authorized to select institutions of September 8, 2023 As Amended Through P.L.

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486 HIGHER EDUCATION ACT OF 1965 696 higher education, systems of such institutions, or consortia of such institutions for voluntary participation in a Distance Edu- cation Demonstration Program that provides participating in- stitutions with the ability to offer distance education programs that do not meet all or a portion of the sections or regulations described in paragraph (2).
(2) WAIVERS.—The Secretary is authorized to waive for any institution of higher education, system of institutions of higher education, or consortium participating in a Distance Education Demonstration Program, the requirements of section 472(5) as the section relates to computer costs, sections 481(a) and 481(b) as such sections relate to requirements for a minimum number of weeks of instruction, sections 102(a)(3)(A), 102(a)(3)(B), and 484(l)(1), or one or more of the regulations prescribed under this part or part F which inhibit the oper- ation of quality distance education programs.
(3) ELIGIBLE APPLICANTS.— (A) ELIGIBLE INSTITUTIONS.—Except as provided in subparagraphs (B), (C), and (D), only an institution of higher education that is eligible to participate in programs under this title shall be eligible to participate in the dem- onstration program authorized under this section.

(B) PROHIBITION.—An institution of higher education described in section 102(a)(1)(C) shall not be eligible to participate in the demonstration program authorized under this section.
(C) SPECIAL RULE.—Subject to subparagraph (B), an institution of higher education that meets the require- ments of subsection (a) of section 102, other than the re- quirement of paragraph (3)(A) or (3)(B) of such subsection, and that provides a 2-year or 4-year program of instruction for which the institution awards an associate or bacca- laureate degree, shall be eligible to participate in the dem- onstration program authorized under this section.
(D) REQUIREMENT.—Notwithstanding any other provi- sion of this paragraph, Western Governors University shall be considered eligible to participate in the demonstration program authorized under this section.

In addition to the waivers described in paragraph (2), the Secretary may waive the provisions of title I and parts G and H of this title for such university that the Secretary determines to be appropriate because of the unique characteristics of such university.
In carrying out the preceding sentence, the Secretary shall ensure that adequate program integ- rity and accountability measures apply to such university’s participation in the demonstration program authorized under this section.

(c) APPLICATION.— (1) IN GENERAL.—Each institution, system, or consortium of institutions desiring to participate in a demonstration pro- gram under this section shall submit an application to the Sec- retary at such time and in such manner as the Secretary may require.
(2) CONTENTS.—Each application shall include— September 8, 2023 As Amended Through P.L.

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486 (A) a description of the institution, system, or consor- tium’s consultation with a recognized accrediting agency or association with respect to quality assurances for the dis- tance education programs to be offered; (B) a description of the statutory and regulatory re- quirements described in subsection (b)(2) or, if applicable, subsection (b)(3)(D) for which a waiver is sought and the reasons for which the waiver is sought; (C) a description of the distance education programs to be offered; (D) a description of the students to whom distance education programs will be offered; (E) an assurance that the institution, system, or con- sortium will offer full cooperation with the ongoing evalua- tions of the demonstration program provided for in this section; and (F) such other information as the Secretary may re- quire.
(d) SELECTION.— (1) IN GENERAL.—For the first year of the demonstration program authorized under this section, the Secretary is author- ized to select for participation in the program not more than 15 institutions, systems of institutions, or consortia of institu- tions.
For the third year of the demonstration program author- ized under this section, the Secretary may select not more than 35 institutions, systems, or consortia, in addition to the institu- tions, systems, or consortia selected pursuant to the preceding sentence, to participate in the demonstration program if the Secretary determines that such expansion is warranted based on the evaluations conducted in accordance with subsections (f) and (g).
(2) CONSIDERATIONS.—In selecting institutions to partici- pate in the demonstration program in the first or succeeding years of the program, the Secretary shall take into account— (A) the number and quality of applications received; (B) the Department’s capacity to oversee and monitor each institution’s participation; (C) an institution’s— (i) financial responsibility; (ii) administrative capability; and (iii) program or programs being offered via dis- tance education; and (D) ensuring the participation of a diverse group of in- stitutions with respect to size, mission, and geographic dis- tribution.
(e) NOTIFICATION.—The Secretary shall make available to the public and to the authorizing committees a list of institutions, sys- tems or consortia selected to participate in the demonstration pro- gram authorized by this section.

Such notice shall include a listing of the specific statutory and regulatory requirements being waived for each institution, system or consortium and a description of the distance education courses to be offered.
(f) EVALUATIONS AND REPORTS.— September 8, 2023 As Amended Through P.L.

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486 HIGHER EDUCATION ACT OF 1965 698 (1) EVALUATION.—The Secretary shall evaluate the dem- onstration programs authorized under this section on an an- nual basis.
Such evaluations specifically shall review— (A) the extent to which the institution, system or con- sortium has met the goals set forth in its application to the Secretary, including the measures of program quality as- surance; (B) the number and types of students participating in the programs offered, including the progress of partici- pating students toward recognized certificates or degrees and the extent to which participation in such programs in- creased; (C) issues related to student financial assistance for distance education; (D) effective technologies for delivering distance edu- cation course offerings; and (E) the extent to which statutory or regulatory re- quirements not waived under the demonstration program present difficulties for students or institutions.
(2) POLICY ANALYSIS.—The Secretary shall review current policies and identify those policies that present impediments to the development and use of distance education and other non- traditional methods of expanding access to education.
(3) ANNUAL REPORTS.—The Secretary shall provide reports to the authorizing committees on an annual basis regarding— (A) the demonstration programs authorized under this section; and (B) the number and types of students receiving assist- ance under this title for instruction leading to a recognized certificate, as provided for in section 484(l)(1), including the progress of such students toward recognized certifi- cates and the degree to which participation in such pro- grams leading to such certificates increased.
(g) OVERSIGHT.—In conducting the demonstration program au- thorized under this section, the Secretary shall, on a continuing basis— (1) assure compliance of institutions, systems or consortia with the requirements of this title (other than the sections and regulations that are waived under subsections (b)(2) and (b)(3)(D)); (2) provide technical assistance; (3) monitor fluctuations in the student population enrolled in the participating institutions, systems or consortia; and (4) consult with appropriate accrediting agencies or asso- ciations and appropriate State regulatory authorities.
(h) DEFINITION.—For the purpose of this section, the term ‘‘dis- tance education’’ means an educational process that is character- ized by the separation, in time or place, between instructor and student.

Such term may include courses offered principally through the use of— (1) television, audio, or computer transmission, such as open broadcast, closed circuit, cable, microwave, or satellite transmission; (2) audio or computer conferencing; September 8, 2023 As Amended Through P.L.
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487 (3) video cassettes or discs; or (4) correspondence.

SEC.

486A.

ø20 U.S.C.

1093a¿ ARTICULATION AGREEMENTS.


(a) DEFINITION.—In this section, the term ‘‘articulation agree- ment’’ means an agreement between or among institutions of high- er education that specifies the acceptability of courses in transfer toward meeting specific degree or program requirements.
(b) PROGRAM TO ENCOURAGE ARTICULATION AGREEMENTS.— (1) PROGRAM ESTABLISHED.—The Secretary shall carry out a program for States, in cooperation with public institutions of higher education, to develop, enhance, and implement com- prehensive articulation agreements between or among such in- stitutions 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 imple- menting articulation agreements, States and public institutions of higher education may employ strategies, where applicable, including— (A) common course numbering; (B) a general education core curriculum; (C) management systems regarding course equiva- lency, transfer of credit, and articulation; and (D) other strategies identified by the Secretary.
(2) TECHNICAL ASSISTANCE PROVIDED.—The Secretary shall provide technical assistance to States and public institutions of higher education for the purposes of developing and imple- menting articulation agreements in accordance with this sub- section.

(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to authorize the Secretary to require par- ticular policies, procedures, or practices by institutions of high- er education with respect to articulation agreements.

SEC.

487. ø20 U.S.C.


1094¿ PROGRAM PARTICIPATION AGREEMENTS.

(a) REQUIRED FOR PROGRAMS OF ASSISTANCE; CONTENTS.—In order to be an eligible institution for the purposes of any program authorized under this title, an institution must be an institution of higher education or an eligible institution (as that term is defined for the purpose of that program) and shall, except with respect to a program under subpart 4 of part A, enter into a program partici- pation agreement with the Secretary.
The agreement shall condi- tion the initial and continuing eligibility of an institution to partici- pate in a program upon compliance with the following require- ments: (1) The institution will use funds received by it for any program under this title and any interest or other earnings thereon solely for the purpose specified in and in accordance with the provision of that program.
(2) The institution shall not charge any student a fee for processing or handling any application, form, or data required to determine the student’s eligibility for assistance under this title or the amount of such assistance.

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487 HIGHER EDUCATION ACT OF 1965 700 (3) The institution will establish and maintain such ad- ministrative and fiscal procedures and records as may be nec- essary to ensure proper and efficient administration of funds received from the Secretary or from students under this title, together with assurances that the institution will provide, upon request and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution to— (A) the Secretary; (B) the appropriate guaranty agency; and (C) the appropriate accrediting agency or association.
(4) The institution will comply with the provisions of sub- section (c) of this section and the regulations prescribed under that subsection, relating to fiscal eligibility.
(5) The institution will submit reports to the Secretary and, in the case of an institution participating in a program under part B or part E, to holders of loans made to the institu- tion’s students under such parts at such times and containing such information as the Secretary may reasonably require to carry out the purpose of this title.
(6) The institution will not provide any student with any statement or certification to any lender under part B that qualifies the student for a loan or loans in excess of the amount that student is eligible to borrow in accordance with sections 425(a), 428(a)(2), and 428(b)(1) (A) and (B).

(7) The institution will comply with the requirements of section 485.
(8) In the case of an institution that advertises job place- ment rates as a means of attracting students to enroll in the institution, the institution will make available to prospective students, at or before the time of application (A) the most re- cent available data concerning employment statistics, gradua- tion statistics, and any other information necessary to substan- tiate the truthfulness of the advertisements, and (B) relevant State licensing requirements of the State in which such institu- tion is located for any job for which the course of instruction is designed to prepare such prospective students.
(9) In the case of an institution participating in a program under part B or D, the institution will inform all eligible bor- rowers enrolled in the institution about the availability and eli- gibility of such borrowers for State grant assistance from the State in which the institution is located, and will inform such borrowers from another State of the source for further informa- tion concerning such assistance from that State.
(10) The institution certifies that it has in operation a drug abuse prevention program that is determined by the institution to be accessible to any officer, employee, or student at the in- stitution.

(11) In the case of any institution whose students receive financial assistance pursuant to section 484(d), the institution will make available to such students a program proven suc- cessful in assisting students in obtaining a certificate of high school equivalency.
(12) The institution certifies that— September 8, 2023 As Amended Through P.L.

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487 (A) the institution has established a campus security policy; and (B) the institution has complied with the disclosure re- quirements of section 485(f).
(13) The institution will not deny any form of Federal fi- nancial aid to any student who meets the eligibility require- ments of this title on the grounds that the student is partici- pating in a program of study abroad approved for credit by the institution.
(14)(A) The institution, in order to participate as an eligi- ble institution under part B or D, will develop a Default Man- agement Plan for approval by the Secretary as part of its ini- tial application for certification as an eligible institution and will implement such Plan for two years thereafter.
(B) Any institution of higher education which changes ownership and any eligible institution which changes its status as a parent or subordinate institution shall, in order to partici- pate as an eligible institution under part B or D, develop a De- fault Management Plan for approval by the Secretary and im- plement such Plan for two years after its change of ownership or status.
(C) This paragraph shall not apply in the case of an insti- tution in which (i) neither the parent nor the subordinate insti- tution has a cohort default rate in excess of 10 percent, and (ii) the new owner of such parent or subordinate institution does not, and has not, owned any other institution with a cohort de- fault rate in excess of 10 percent.
(15) The institution acknowledges the authority of the Sec- retary, guaranty agencies, lenders, accrediting agencies, the Secretary of Veterans Affairs, and the State agencies under subpart 1 of part H to share with each other any information pertaining to the institution’s eligibility to participate in pro- grams under this title or any information on fraud and abuse.
(16)(A) The institution will not knowingly employ an indi- vidual in a capacity that involves the administration of pro- grams under this title, or the receipt of program funds under this title, who has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under this title, or has been judicially determined to have committed fraud involving funds under this title or contract with an institution or third party servicer that has been terminated under section 432 involving the ac- quisition, use, or expenditure of funds under this title, or who has been judicially determined to have committed fraud involv- ing funds under this title.
(B) The institution will not knowingly contract with or em- ploy any individual, agency, or organization that has been, or whose officers or employees have been— (i) convicted of, or pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under this title; or (ii) judicially determined to have committed fraud in- volving funds under this title.

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487 HIGHER EDUCATION ACT OF 1965 702 (17) The institution will complete surveys conducted as a part of the Integrated Postsecondary Education Data System (IPEDS) or any other Federal postsecondary institution data collection effort, as designated by the Secretary, in a timely manner and to the satisfaction of the Secretary.

(18) The institution will meet the requirements established pursuant to section 485(g).
(19) The institution will not impose any penalty, including the assessment of late fees, the denial of access to classes, li- braries, or other institutional facilities, or the requirement that the student borrow additional funds, on any student because of the student’s inability to meet his or her financial obligations to the institution as a result of the delayed disbursement of the proceeds of a loan made under this title due to compliance with the provisions of this title, or delays attributable to the institu- tion.
(20) The institution will not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any per- sons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of stu- dent financial assistance, except that this paragraph shall not apply to the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assist- ance.
(21) The institution will meet the requirements established by the Secretary and accrediting agencies or associations, and will provide evidence to the Secretary that the institution has the authority to operate within a State.

(22) The institution will comply with the refund policy es- tablished pursuant to section 484B.

(23)(A) The institution, if located in a State to which sec- tion 4(b) of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg–2(b)) does not apply, will make a good faith ef- fort to distribute a mail voter registration form, requested and received from the State, to each student enrolled in a degree or certificate program and physically in attendance at the in- stitution, and to make such forms widely available to students at the institution.

(B) The institution shall request the forms from the State 120 days prior to the deadline for registering to vote within the State.
If an institution has not received a sufficient quantity of forms to fulfill this section from the State within 60 days prior to the deadline for registering to vote in the State, the institu- tion shall not be held liable for not meeting the requirements of this section during that election year.

(C) This paragraph shall apply to general and special elec- tions for Federal office, as defined in section 301(3) of the Fed- eral Election Campaign Act of 1971 (2 U.S.C.
431(3)), and to the elections for Governor or other chief executive within such State).

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487 (D) 74 The institution shall be considered in compliance with the requirements of subparagraph (A) for each stu- dent 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 exclu- sively to voter registration.
(24) In the case of a proprietary institution of higher edu- cation (as defined in section 102(b)), such institution will de- rive not less than ten percent of such institution’s revenues from sources other than Federal funds that are disbursed or delivered to or on behalf of a student to be used to attend such institution (referred to in this paragraph and subsection (d) as ‘‘Federal education assistance funds’’) 75, as calculated in ac- cordance with subsection (d)(1), or will be subject to the sanc- tions described in subsection (d)(2).
(25) In the case of an institution that participates in a loan program under this title, the institution will— (A) develop a code of conduct with respect to such loans with which the institution’s officers, employees, and agents shall comply, that— (i) prohibits a conflict of interest with the respon- sibilities of an officer, employee, or agent of an institu- tion with respect to such loans; and (ii) at a minimum, includes the provisions de- scribed in subsection (e); (B) publish such code of conduct prominently on the institution’s website; and (C) administer and enforce such code by, at a min- imum, requiring that all of the institution’s officers, em- ployees, and agents with responsibilities with respect to such loans be annually informed of the provisions of the code of conduct.
(26) The institution will, upon written request, disclose to the alleged victim of any crime of violence (as that term is de- fined in section 16 of title 18, United States Code), or a non- forcible sex offense, the report on the results of any discipli- nary proceeding conducted by such institution against a stu- dent 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.

74 Margin so in law.

75 Subsections (a) and (b) of section 2013 of Public Law 117–2 provide for amendments to sec- tion 487(a)(24) and subsection (d) of such section 487 that have been carried out to this version.
Subsection (c) of such section 487 states as follows: (c) EFFECTIVE DATE.—The amendments made under this section shall— (1) be subject to the master calendar requirements under section 482 of the Higher Education Act of 1965 (20 U.S.C.

1089) and the public involvement and negotiated rulemaking require- ments under section 492 of the Higher Education Act of 1965 (20 U.S.C.
1098a), except that such negotiated rulemaking shall commence not earlier than October 1, 2021; and (2) apply to institutional fiscal years beginning on or after January 1, 2023.

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487 HIGHER EDUCATION ACT OF 1965 704 (27) In the case of an institution that has entered into a preferred lender arrangement, the institution will at least an- nually compile, maintain, and make available for students at- tending the institution, and the families of such students, a list, in print or other medium, of the specific lenders for loans made, insured, or guaranteed under this title or private edu- cation loans that the institution recommends, promotes, or en- dorses in accordance with such preferred lender arrangement.
In making such list, the institution shall comply with the re- quirements of subsection (h).

(28)(A) The institution will, upon the request of an appli- cant for a private education loan, provide to the applicant the form required under section 128(e)(3) of the Truth in Lending Act (15 U.S.C.

1638(e)(3)), and the information required to complete such form, to the extent the institution possesses such information.
(B) For purposes of this paragraph, the term ‘‘private edu- cation loan’’ has the meaning given such term in section 140 of the Truth in Lending Act.
(29) The institution certifies that the institution— (A) has developed plans to effectively combat the un- authorized distribution of copyrighted material, including through the use of a variety of technology-based deter- rents; and (B) will, to the extent practicable, offer alternatives to illegal downloading or peer-to-peer distribution of intellec- tual property, as determined by the institution in consulta- tion with the chief technology officer or other designated officer of the institution.
(b) HEARINGS.—(1) An institution that has received written no- tice of a final audit or program review determination and that de- sires to have such determination reviewed by the Secretary shall submit to the Secretary a written request for review not later than 45 days after receipt of notification of the final audit or program review determination.
(2) The Secretary shall, upon receipt of written notice under paragraph (1), arrange for a hearing and notify the institution within 30 days of receipt of such notice the date, time, and place of such hearing.

Such hearing shall take place not later than 120 days from the date upon which the Secretary notifies the institu- tion.
(c) AUDITS; FINANCIAL RESPONSIBILITY; ENFORCEMENT OF STANDARDS.—(1) Notwithstanding any other provisions of this title, the Secretary shall prescribe such regulations as may be necessary to provide for— (A)(i) except as provided in clauses (ii) and (iii), a financial audit of an eligible institution with regard to the financial con- dition of the institution in its entirety, and a compliance audit of such institution with regard to any funds obtained by it under this title or obtained from a student or a parent who has a loan insured or guaranteed by the Secretary under this title, on at least an annual basis and covering the period since the most recent audit, conducted by a qualified, independent orga- nization or person in accordance with standards established by September 8, 2023 As Amended Through P.L.
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487 the Comptroller General for the audit of governmental organi- zations, programs, and functions, and as prescribed in regula- tions of the Secretary, the results of which shall be submitted to the Secretary and shall be available to cognizant guaranty agencies, eligible lenders, State agencies, and the appropriate State agency notifying the Secretary under subpart 1 of part H, except that the Secretary may modify the requirements of this clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to a foreign institution whose students receive less than $500,000 in loans under this title during the award year preceding the audit period; (ii) with regard to an eligible institution which is audited under chapter 75 of title 31, United States Code, deeming such audit to satisfy the requirements of clause (i) for the period covered by such audit; or (iii) at the discretion of the Secretary, with regard to an eligible institution (other than an eligible institution described in section 102(a)(1)(C)) that has obtained less than $200,000 in funds under this title during each of the 2 award years that precede the audit period and submits a letter of credit payable to the Secretary equal to not less than 1⁄2 of the annual poten- tial liabilities of such institution as determined by the Sec- retary, deeming an audit conducted every 3 years to satisfy the requirements of clause (i), except for the award year imme- diately preceding renewal of the institution’s eligibility under section 498(g); (B) in matters not governed by specific program provisions, the establishment of reasonable standards of financial respon- sibility and appropriate institutional capability for the admin- istration by an eligible institution of a program of student fi- nancial aid under this title, including any matter the Secretary deems necessary to the sound administration of the financial aid programs, such as the pertinent actions of any owner, shareholder, or person
 exercising control over an eligible insti- tution; (C)(i) except as provided in clause (ii), a compliance audit of a third party servicer (other than with respect to the servicer’s functions as a lender if such functions are otherwise audited under this part and such audits meet the requirements of this clause), with regard to any contract with an eligible in- stitution, guaranty agency, or lender for administering or serv- icing any aspect of the student assistance programs under this title, at least once every year and covering the period since the most recent audit, conducted by a qualified, independent orga- nization or person in accordance with standards established by the Comptroller General for the audit of governmental organi- zations, programs, and functions, and as prescribed in regula- tions of the Secretary, the results of which shall be submitted to the Secretary; or (ii) with regard to a third party servicer that is audited under chapter 75 of title 31, United States Code, such audit shall be deemed to satisfy the requirements of clause (i) for the period covered by such audit; September 8, 2023 As Amended Through P.L.
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487 HIGHER EDUCATION ACT OF 1965 706 (D)(i) a compliance audit of a secondary market with re- gard to its transactions involving, and its servicing and collec- tion of, loans made under this title, at least once a year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or (ii) with regard to a secondary market that is audited under chapter 75 of title 31, United States Code, such audit shall be deemed to satisfy the requirements of clause (i) for the period covered by the audit; (E) the establishment, by each eligible institution under part B responsible for furnishing to the lender the statement required by section 428(a)(2)(A)(i), of policies and procedures by which the latest known address and enrollment status of any student who has had a loan insured under this part and who has either formally terminated his enrollment, or failed to re- enroll on at least a half-time basis, at such institution, shall be furnished either to the holder (or if unknown, the insurer) of the note, not later than 60 days after such termination or failure to re-enroll; (F) the limitation, suspension, or termination of the par- ticipation in any program under this title of an eligible institu- tion, or the imposition of a civil penalty under paragraph (3)(B) whenever the Secretary has determined, after reasonable no- tice and opportunity for hearing, that such institution has vio- lated or failed to carry out any provision of this title, any regu- lation prescribed under this title, or any applicable special ar- rangement, agreement, or limitation, except that no period of suspension under this section shall exceed 60 days unless the institution and the Secretary agree to an extension or unless limitation or termination
 proceedings are initiated by the Sec- retary within that period of time; (G) an emergency action against an institution, under which the Secretary shall, effective on the date on which a no- tice and statement of the basis of the action is mailed to the institution (by registered mail, return receipt requested), with- hold funds from the institution or its students and withdraw the institution’s authority to obligate funds under any program under this title, if the Secretary— (i) receives information, determined by the Secretary to be reliable, that the institution is violating any provi- sion of this title, any regulation prescribed under this title, or any applicable special arrangement, agreement, or limi- tation, (ii) determines that immediate action is necessary to prevent misuse of Federal funds, and (iii) determines that the likelihood of loss outweighs the importance of the procedures prescribed under sub- paragraph (D) for limitation, suspension, or termination, except that an emergency action shall not exceed 30 days un- less limitation, suspension, or termination proceedings are ini- September 8, 2023 As Amended Through P.L.
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487 tiated by the Secretary against the institution within that pe- riod of time, and except that the Secretary shall provide the in- stitution an opportunity to show cause, if it so requests, that the emergency action is unwarranted; (H) the limitation, suspension, or termination of the eligi- bility of a third party servicer to contract with any institution to administer any aspect of an institution’s student assistance program under this title, or the imposition of a civil penalty under paragraph (3)(B), whenever the Secretary has deter- mined, after reasonable notice and opportunity for a hearing, that such organization, acting on behalf of an institution, has violated or failed to carry out any provision of this title, any regulation prescribed under this title, or any applicable special arrangement, agreement, or limitation, except that no period of suspension under this subparagraph shall exceed 60 days un- less the organization and the Secretary agree to an extension, or unless limitation or termination proceedings are initiated by the Secretary against the individual or organization within that period of time; and (I) an emergency action against a third party servicer that has contracted with an institution to administer any aspect of the institution’s student assistance program under this title, under which the Secretary shall, effective on the date on which a notice and statement of the basis of the action is mailed to such individual or organization (by registered mail, return re- ceipt requested), withhold funds from the individual or organi- zation and withdraw the individual or organization’s authority to act on behalf of an institution under any program under this title, if the Secretary— (i) receives information, determined by the Secretary to be reliable, that the individual or organization, acting on behalf of an institution, is violating any provision of this title, any regulation prescribed under this title, or any applicable special arrangement, agreement, or limitation, (ii) determines that immediate action is necessary to prevent misuse of Federal funds, and (iii) determines that the likelihood of loss outweighs the importance of the procedures prescribed under sub- paragraph (F), for limitation, suspension, or termination, except that an emergency action shall not exceed 30 days un- less the limitation, suspension, or termination proceedings are initiated by the Secretary against the individual or organiza- tion within that period of time, and except that the Secretary shall provide the individual or organization an opportunity to show cause, if it so requests, that the emergency action is un- warranted.
(2) If an individual who, or entity that, exercises substantial control, as determined by the Secretary in accordance with the defi- nition of substantial control in subpart 3 of part H, over one or more institutions participating in any program under this title, or, for purposes of paragraphs (1) (H) and (I), over one or more organi- zations that contract with an institution to administer any aspect of the institution’s student assistance program under this title, is determined to have committed one or more violations of the re- September 8, 2023 As Amended Through P.L.
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487 HIGHER EDUCATION ACT OF 1965 708 quirements of any program under this title, or has been suspended or debarred in accordance with the regulations of the Secretary, the Secretary may use such determination, suspension, or debarment as the basis for imposing an emergency action on, or limiting, sus- pending, or terminating, in a single proceeding, the participation of any or all institutions under the substantial control of that indi- vidual or entity.
(3)(A) Upon determination, after reasonable notice and oppor- tunity for a hearing, that an eligible institution has engaged in substantial misrepresentation of the nature of its educational pro- gram, its financial charges, or the employability of its graduates, the Secretary may suspend or terminate the eligibility status for any or all programs under this title of any otherwise eligible insti- tution, in accordance with procedures specified in paragraph (1)(D) of this subsection, until the Secretary finds that such practices have been corrected.
(B)(i) Upon determination, after reasonable notice and oppor- tunity for a hearing, that an eligible institution— (I) has violated or failed to carry out any provision of this title or any regulation prescribed under this title; or (II) has engaged in substantial misrepresentation of the nature of its educational program, its financial charges, and the employability of its graduates, the Secretary may impose a civil penalty upon such institution of not to exceed $25,000 for each violation or misrepresentation.
(ii) Any civil penalty may be compromised by the Secretary.

In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the institution of higher education subject to the determination, and the gravity of the violation, failure, or misrepresentation shall be considered.
The amount of such penalty, when finally deter- mined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the institution charged.

(4) The Secretary shall publish a list of State agencies which the Secretary determines to be reliable authority as to the quality of public postsecondary vocational education in their respective States for the purpose of determining eligibility for all Federal stu- dent assistance programs.
(5) The Secretary shall make readily available to appropriate guaranty agencies, eligible lenders, State agencies notifying the Secretary under subpart 1 of part H, and accrediting agencies or associations the results of the audits of eligible institutions con- ducted pursuant to paragraph (1)(A).
(6) The Secretary is authorized to provide any information col- lected as a result of audits conducted under this section, together with audit information collected by guaranty agencies, to any Fed- eral or State agency having responsibilities with respect to student financial assistance, including those referred to in subsection (a)(15) of this section.
(7) Effective with respect to any audit conducted under this subsection after December 31, 1988, if, in the course of conducting any such audit, the personnel of the Department of Education dis- cover, or are informed of, grants or other assistance provided by an September 8, 2023 As Amended Through P.L.
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487 institution in accordance with this title for which the institution has not received funds appropriated under this title (in the amount necessary to provide such assistance), including funds for which re- imbursement was not requested prior to such discovery or informa- tion, such institution shall be permitted to offset that amount against any sums determined to be owed by the institution pursu- ant to such audit, or to receive reimbursement for that amount (if the institution does not owe any such sums).
(d) 76 IMPLEMENTATION OF NON-FEDERAL REVENUE REQUIRE- MENT.— (1) CALCULATION.—In making calculations under sub- section (a)(24), a proprietary institution of higher education shall— (A) use the cash basis of accounting, except in the case of loans described in subparagraph (D)(i) that are made by the proprietary institution of higher education; (B) consider as revenue only those funds generated by the institution from— (i) tuition, fees, and other institutional charges for students enrolled in programs eligible for assistance under this title; (ii) activities conducted by the institution that are necessary for the education and training of the institu- tion’s students, if such activities are— (I) conducted on campus or at a facility under the control of the institution; (II) performed under the supervision of a member of the institution’s faculty; and (III) required to be performed by all students in a specific educational program at the institu- tion; and (iii) funds paid by a student, or on behalf of a stu- dent by a party other than the institution, for an edu- cation or training program that is not eligible for funds under this title, if the program— (I) is approved or licensed by the appropriate State agency; (II) is accredited by an accrediting agency rec- ognized by the Secretary; or (III) provides an industry-recognized creden- tial or certification; (C) presume that any Federal education assistance funds 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 insti- tution 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— 76 For the applicability of certain amendments made to subsection (d) by section 2013(b) of Public Law 117–2, see the footnote to subsection (a)(24) of this section.
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487 HIGHER EDUCATION ACT OF 1965 710 (i) grant funds provided by non-Federal public agencies or private sources independent of the institu- tion; (ii) funds provided under a contractual arrange- ment with a Federal, State, or local government agen- cy for the purpose of providing job training to low-in- come individuals who are in need of that training; (iii) funds used by a student from savings plans for educational expenses established by or on behalf of the student and which qualify for special tax treat- ment under the Internal Revenue Code of 1986; or (iv) institutional scholarships described in sub- paragraph (D)(iii); (D) include institutional aid as revenue to the school (i) in the case of loans made by a proprietary in- stitution 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 applica- ble institutional fiscal year accounted for on an accrual basis and estimated in accordance with generally ac- cepted accounting principles and related standards and guidance, if the loans— only as follows: (I) are bona fide as evidenced by enforceable promissory notes; (II) are issued at intervals related to the insti- tution’s enrollment periods; and (III) are subject to regular loan repayments and collections; (ii) in the case of loans made by a proprietary in- stitution of higher education on or after July 1, 2012, only the amount of loan repayments received during the applicable institutional fiscal year, excluding re- payments on loans made and accounted for as speci- fied in clause (i); and (iii) in the case of scholarships provided by a pro- prietary institution of higher education, only those scholarships provided by the institution in the form of monetary aid or tuition discounts based upon the aca- demic achievements or financial need of students, dis- bursed during each fiscal year from an established re- stricted account, and only to the extent that funds in that account represent designated funds from an out- side source or from income earned on those funds; (E) in the case of each student who receives a loan on or after July 1, 2008, and prior to July 1, 2011, that is au- thorized under section 428H or that is a Federal Direct Unsubsidized Stafford Loan, treat as revenue received by the institution from sources other than funds received under this title, the amount by which the disbursement of such loan received by the institution exceeds the limit on such loan in effect on the day before the date of enactment of the Ensuring Continued Access to Student Loans Act of 2008; and September 8, 2023 As Amended Through P.L.
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487 (F) exclude from revenues— (i) the amount of funds the institution received under part C, unless the institution used those funds to pay a student’s institutional charges; (ii) the amount of funds the institution received under subpart 4 of part A; (iii) the amount of funds provided by the institu- tion as matching funds for a program under this title; (iv) the amount of funds provided by the institu- tion for a program under this title that are required to be refunded or returned; and (v) the amount charged for books, supplies, and equipment, unless that amount as tuition, fees, or other institutional charges.
institution includes the (2) SANCTIONS.— (A) INELIGIBILITY.—A proprietary institution of higher education that fails to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years shall be ineligible to participate in the programs authorized by this title for a period of not less than two institutional fis- cal years.
To regain eligibility to participate in the pro- grams authorized by this title, a proprietary institution of higher education shall demonstrate compliance with all eli- gibility and certification requirements under section 498 for a minimum of two institutional fiscal years after the institutional fiscal year in which the institution became in- eligible.
(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 institu- tion of higher education fails to meet a requirement of sub- section (a)(24) for any institutional fiscal year, then the in- stitution’s eligibility to participate in the programs author- ized by this title becomes provisional for the two institu- tional fiscal years after the institutional fiscal year in which the institution failed to meet the requirement of subsection (a)(24), except that such provisional eligibility shall terminate— (i) on the expiration date of the institution’s pro- gram participation agreement under this subsection that is in effect on the date the Secretary determines that the institution failed to meet the requirement of subsection (a)(24); or (ii) in the case that the Secretary determines that the institution failed to meet a requirement of sub- section (a)(24) for two consecutive institutional fiscal years, on the date the institution is determined ineli- gible in accordance with subparagraph (A).
(3) PUBLICATION ON COLLEGE NAVIGATOR WEBSITE.—The Secretary shall publicly disclose on the College Navigator website— (A) the identity of any proprietary institution of higher education that fails to meet a requirement of subsection (a)(24); and September 8, 2023 As Amended Through P.L.

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487 HIGHER EDUCATION ACT OF 1965 712 (B) the extent to which the institution failed to meet such requirement.
(4) REPORT TO CONGRESS.—Not later than July 1, 2009, and July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assist- ance under this title, as provided in the audited financial state- ments submitted to the Secretary by each institution pursuant to the requirements of subsection (a)(24)— (A) the amount and percentage of such institution’s revenues received from sources under this title; and (B) the amount and percentage of such institution’s revenues received from other sources.
(e) CODE OF CONDUCT REQUIREMENTS.—An institution of high- er education’s code of conduct, as required under subsection (a)(25), shall include the following requirements: (1) BAN ON REVENUE-SHARING ARRANGEMENTS.— (A) PROHIBITION.—The institution shall not enter into any revenue-sharing arrangement with any lender.
(B) DEFINITION.—For purposes of this paragraph, the term ‘‘revenue-sharing arrangement’’ means an arrange- ment between an institution and a lender under which— (i) a lender provides or issues a loan that is made, insured, or guaranteed under this title to students at- tending the institution or to the families of such stu- dents; and (ii) the institution recommends the lender or the loan products of the lender and in exchange, the lend- er pays a fee or provides other material benefits, in- cluding revenue or profit sharing, to the institution, an officer or employee of the institution, or an agent.
(2) GIFT BAN.— (A) PROHIBITION.—No officer or employee of the insti- tution who is employed in the financial aid office of the in- stitution or who otherwise has responsibilities with respect to education loans, or agent who has responsibilities with respect to education loans, shall solicit or accept any gift from a lender, guarantor, or servicer of education loans.
(B) DEFINITION OF GIFT.— (i) IN GENERAL.—In this paragraph, the term ‘‘gift’’ means any gratuity, favor, discount, entertainment, hospitality, loan, or other item having a monetary value of more than a de minimus amount.

The term includes a gift of services, transportation, lodging, or meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.
(ii) EXCEPTIONS.—The term ‘‘gift’’ shall not include any of the following: (I) Standard material, activities, or programs on issues related to a loan, default aversion, de- fault prevention, or financial literacy, such as a brochure, a workshop, or training.

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487 (II) Food, refreshments, training, or informa- tional 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 im- prove the service of a lender, guarantor, or servicer of education loans to the institution, if such training contributes to the professional de- velopment of the officer, employee, or agent.
(III) Favorable terms, conditions, and bor- rower benefits on an education loan provided to a student employed by the institution if such terms, conditions, or benefits are comparable to those provided to all students of the institution.
(IV) Entrance and exit counseling services provided to borrowers to meet the institution’s re- sponsibilities for entrance and exit counseling as required by subsections (b) and (l) of section 485, as long as— (aa) the institution’s staff are in control of the counseling, (whether in person or via elec- tronic capabilities); and (bb) such counseling does not promote the products or services of any specific lender.
(V) Philanthropic contributions to an institu- tion from a lender, servicer, or guarantor of edu- cation loans that are unrelated to education loans or any contribution from any lender, guarantor, or servicer that is not made in exchange for any ad- vantage related to education loans.

(VI) State education grants, scholarships, or financial aid funds administered by or on behalf of a State.
(iii) RULE FOR GIFTS TO FAMILY MEMBERS.—For purposes of this paragraph, a gift to a family member of an officer or employee of an institution, to a family member of an agent, or to any other individual based on that individual’s relationship with the officer, em- ployee, or agent, shall be considered a gift to the offi- cer, employee, or agent if— (I) the gift is given with the knowledge and acquiescence of the officer, employee, or agent; and (II) the officer, employee, or agent has reason to believe the gift was given because of the official position of the officer, employee, or agent.
(3) CONTRACTING ARRANGEMENTS PROHIBITED.— (A) PROHIBITION.—An officer or employee who is em- ployed 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 affil- iate of any lender any fee, payment, or other financial ben- efit (including the opportunity to purchase stock) as com- pensation for any type of consulting arrangement or other September 8, 2023 As Amended Through P.L.
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487 HIGHER EDUCATION ACT OF 1965 714 contract to provide services to a lender or on behalf of a lender relating to education loans.
(B) EXCEPTIONS.—Nothing in this subsection shall be construed as prohibiting— (i) an officer or employee of an institution who is not employed in the institution’s financial aid office and who does not otherwise have responsibilities with respect to education loans, or an agent who does not have responsibilities with respect to education loans, from performing paid or unpaid service on a board of directors of a lender, guarantor, or servicer of edu- cation loans; (ii) an officer or employee of the institution who is not employed in the institution’s financial aid office but who has responsibility with respect to education loans as a result of a position held at the institution, or an agent who has responsibility with respect to edu- cation 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 them- selves from participating in any decision of the board regarding education loans at the institution; or (iii) an officer, employee, or contractor of a lender, guarantor, or servicer of education loans from serving on a board of directors, or serving as a trustee, of an institution, if the institution has a written conflict of interest policy that the board member or trustee must recuse themselves from any decision regarding edu- cation loans at the institution.
(4) INTERACTION WITH BORROWERS.—The institution shall not— (A) for any first-time borrower, assign, through award packaging or other methods, the borrower’s loan to a par- ticular lender; or (B) refuse to certify, or delay certification of, any loan based on the borrower’s selection of a particular lender or guaranty agency.
(5) PROHIBITION ON OFFERS OF FUNDS FOR PRIVATE LOANS.— (A) PROHIBITION.—The institution shall not request or accept from any lender any offer of funds to be used for private education loans (as defined in section 140 of the Truth in Lending Act), including funds for an opportunity pool loan, to students in exchange for the institution pro- viding concessions or promises regarding providing the lender with— (i) a specified number of loans made, insured, or guaranteed under this title; (ii) a specified loan volume of such loans; or (iii) a preferred lender arrangement for such loans.
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487 (B) DEFINITION OF OPPORTUNITY POOL LOAN.—In this paragraph, the term ‘‘opportunity pool loan’’ means a pri- vate education loan made by a lender to a student attend- ing the institution or the family member of such a student that involves a payment, directly or indirectly, by such in- stitution of points, premiums, additional interest, or finan- cial support to such lender for the purpose of such lender extending credit to the student or the family.
(6) BAN ON STAFFING ASSISTANCE.— (A) PROHIBITION.—The institution shall not request or accept from any lender any assistance with call center staffing or financial aid office staffing.
in (B) CERTAIN ASSISTANCE PERMITTED.—Nothing paragraph (1) shall be construed to prohibit the institution from requesting or accepting assistance from a lender re- lated to— (i) professional development training for financial aid administrators; (ii) providing educational counseling materials, fi- nancial literacy materials, or debt management mate- rials to borrowers, provided that such materials dis- close to borrowers the identification of any lender that assisted in preparing or providing such materials; or (iii) staffing services on a short-term, nonrecurring basis to assist the institution with financial aid-re- lated functions during emergencies, including State- declared or federally declared natural disasters, feder- ally declared national disasters, and other localized disasters and emergencies identified by the Secretary.
(7) ADVISORY BOARD COMPENSATION.—Any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to education loans or other student financial aid of the institution, and who serves on an advisory board, commission, or group established by a lender, guarantor, or group of lenders or guarantors, shall be prohibited from receiving anything of value from the lender, guarantor, or group of lenders or guarantors, except that the employee may be reimbursed for reasonable expenses incurred in serving on such advisory board, commission, or group.
(f) INSTITUTIONAL REQUIREMENTS FOR TEACH-OUTS.— (1) IN GENERAL.—In the event the Secretary initiates the limitation, suspension, or termination of the participation of an institution of higher education in any program under this title under the authority of subsection (c)(1)(F) or initiates an emer- gency action under the authority of subsection (c)(1)(G) and its prescribed regulations, the Secretary shall require that institu- tion to prepare a teach-out plan for submission to the institu- tion’s accrediting agency or association in compliance with sec- tion 496(c)(3), the Secretary’s regulations on teach-out plans, and the standards of the institution’s accrediting agency or as- sociation.
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487 HIGHER EDUCATION ACT OF 1965 716 education ceases to operate before all students have completed their program of study, and may include, if required by the in- stitution’s accrediting agency or association, an agreement be- tween institutions for such a teach-out plan.
(g) INSPECTOR GENERAL REPORT ON GIFT BAN VIOLATIONS.— The Inspector General of the Department shall— (1) submit an annual report to the authorizing committees identifying all violations of an institution’s code of conduct that the Inspector General has substantiated during the preceding year relating to the gift ban provisions described in subsection (e)(2); and (2) make the report available to the public through the De- partment’s website.
(h) PREFERRED LENDER LIST REQUIREMENTS.— (1) IN GENERAL.—In compiling, maintaining, and making available a preferred lender list as required under subsection (a)(27), the institution will— (A) clearly and fully disclose on such preferred lender list— (i) not less than the information required to be disclosed under section 153(a)(2)(A); (ii) why the institution has entered into a pre- ferred lender arrangement with each lender on the preferred lender list, particularly with respect to terms and conditions or provisions favorable to the borrower; and (iii) that the students attending the institution, or the families of such students, do not have to borrow from a lender on the preferred lender list; (B) ensure, through the use of the list of lender affili- ates provided by the Secretary under paragraph (2), that— (i) there are not less than three lenders of loans made under part B that are not affiliates of each other included on the preferred lender list and, if the insti- tution recommends, promotes, or endorses private edu- cation loans, there are not less than two lenders of pri- vate education loans that are not affiliates of each other included on the preferred lender list; and (ii) the preferred lender list under this para- graph— (I) specifically indicates, for each listed lender, whether the lender is or is not an affiliate of each other lender on the preferred lender list; and (II) if a lender is an affiliate of another lender on the preferred lender list, describes the details of such affiliation; (C) prominently disclose the method and criteria used by the institution in selecting lenders with which to enter into preferred lender arrangements to ensure that such lenders are selected on the basis of the best interests of the borrowers, including— (i) payment of origination or other fees on behalf of the borrower; September 8, 2023 As Amended Through P.L.
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487 (ii) highly competitive interest rates, or other terms and conditions or provisions of loans under this title or private education loans; (iii) high-quality servicing for such loans; or (iv) additional benefits beyond the standard terms and conditions or provisions for such loans; (D) exercise a duty of care and a duty of loyalty to compile the preferred lender list under this paragraph without prejudice and for the sole benefit of the students attending the institution, or the families of such students; (E) not deny or otherwise impede the borrower’s choice of a lender or cause unnecessary delay in loan certification under this title for those borrowers who choose a lender that is not included on the preferred lender list; and (F) comply with such other requirements as the Sec- retary may prescribe by regulation.
(2) LENDER AFFILIATES LIST.— (A) IN GENERAL.—The Secretary shall maintain and regularly update a list of lender affiliates of all eligible lenders, and shall provide such list to institutions for use in carrying out paragraph (1)(B).

(B) USE OF MOST RECENT LIST.—An institution shall use the most recent list of lender affiliates provided by the Secretary under subparagraph (A) in carrying out para- graph (1)(B).
(i) DEFINITIONS.—For the purpose of this section: (1) AGENT.—The term ‘‘agent’’ has the meaning given the term in section 151.

(2) AFFILIATE.—The term ‘‘affiliate’’ means a person that controls, is controlled by, or is under common control with an- other person.
A person controls, is controlled by, or is under common control with another person if— (A) the person directly or indirectly, or acting through one or more others, owns, controls, or has the power to vote five percent or more of any class of voting securities of such other person; (B) the person controls, in any manner, the election of a majority of the directors or trustees of such other person; or (C) the Secretary determines (after notice and oppor- tunity for a hearing) that the person directly or indirectly exercises a controlling interest over the management or policies of such other person’s education loans.
(3) EDUCATION LOAN.—The term ‘‘education loan’’ has the meaning given the term in section 151.

(4) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’ means any such institution described in section 102 of this Act.

(5) OFFICER.—The term ‘‘officer’’ has the meaning given the term in section 151.

(6) PREFERRED LENDER ARRANGEMENT.—The term ‘‘pre- ferred lender arrangement’’ has the meaning given the term in section 151.
(j) CONSTRUCTION.—Nothing in the amendments made by the Higher Education Amendments of 1992 shall be construed to pro- September 8, 2023 As Amended Through P.L.

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487A HIGHER EDUCATION ACT OF 1965 718 hibit an institution from recording, at the cost of the institution, a hearing referred to in subsection (b)(2), subsection (c)(1)(D), or sub- paragraph (A) or (B)(i) of subsection (c)(2), of this section to create a record of the hearing, except the unavailability of a recording shall not serve to delay the completion of the proceeding.

The Sec- retary shall allow the institution to use any reasonable means, in- cluding stenographers, of recording the hearing.

SEC.
SEC.

487A.

ø20 U.S.C.

1094a¿ REGULATORY RELIEF AND IMPROVEMENT.
(a) QUALITY ASSURANCE PROGRAM.— (1) IN GENERAL.—The Secretary is authorized to select in- stitutions for voluntary participation in a Quality Assurance Program that provides participating institutions with an alter- native management approach through which individual schools develop and implement their own comprehensive systems, re- lated to processing and disbursement of student financial aid, verification of student financial aid application data, and en- trance and exit interviews, thereby enhancing program integ- rity within the student aid delivery system.
(2) CRITERIA AND CONSIDERATION.—The Quality Assurance Program authorized by this section shall be based on criteria that include demonstrated institutional performance, as deter- mined by the Secretary, and shall take into consideration cur- rent quality assurance goals, as determined by the Secretary.

The selection criteria shall ensure the participation of a diverse group of institutions of higher education with respect to size, mission, and geographical distribution.
(3) WAIVER.—The Secretary is authorized to waive for any institution participating in the Quality Assurance Program any regulations dealing with reporting or verification requirements in this title that are addressed by the institution’s alternative management system, and may substitute such quality assur- ance reporting as the Secretary determines necessary to ensure accountability and compliance with the purposes of the pro- grams under this title.
The Secretary shall not modify or waive any statutory requirements pursuant to this paragraph.

(4) DETERMINATION.—The Secretary is authorized to deter- mine— (A) when an institution that is unable to administer the Quality Assurance Program shall be removed from such program; and (B) when institutions desiring to cease participation in such program will be required to complete the current award year under the requirements of the Quality Assur- ance Program.
(5) REVIEW AND EVALUATION.—The Secretary shall review and evaluate the Quality Assurance Program conducted by each participating institution and, on the basis of that evalua- tion, make recommendations regarding amendments to this Act that will streamline the administration and enhance the integrity of Federal student assistance programs.

Such rec- ommendations shall be submitted to the authorizing commit- tees.

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487A (b) REGULATORY IMPROVEMENT AND STREAMLINING EXPERI- MENTS.— (1) IN GENERAL.—The Secretary shall continue the vol- untary 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 experimental sites approved by the Secretary prior to such date that have not been successful in carrying out the purposes of this section shall be discon- tinued not later than June 30, 2010.

(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 re- view and evaluation to the authorizing committees.
Such re- port shall include— (A) a list of participating institutions and the specific statutory or regulatory waivers granted to each institution; (B) the findings and conclusions reached regarding each of the experiments conducted; and (C) recommendations for amendments to improve and streamline this Act, based on the results of the experi- ment.
(3) SELECTION.— (A) IN GENERAL.—The Secretary is authorized to peri- odically select a limited number of additional institutions for voluntary participation as experimental sites to provide recommendations to the Secretary on the impact and effec- tiveness of proposed regulations or new management ini- tiatives.
(B) WAIVERS.—The Secretary is authorized to waive, for any institution participating as an experimental site under subparagraph (A), any requirements in this title, in- cluding requirements related to the award process and dis- bursement of student financial aid (such as innovative de- livery systems for modular or compressed courses, or other innovative systems), verification of student financial aid application data, entrance and exit interviews, or other management procedures or processes as determined in the negotiated rulemaking process under section 492, or regu- lations prescribed under this title, that will bias the re- sults of the experiment, except that the Secretary shall not waive any provisions with respect to award rules (other than an award rule related to an experiment in modular or compressed schedules), grant and loan maximum award amounts, and need analysis requirements unless the waiv- er of such provisions is authorized by another provision under this title.
(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 experi- mental site based on— (A) the ability of the experimental site to reduce ad- ministrative burdens to the institution, as documented in September 8, 2023 As Amended Through P.L.
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487B HIGHER EDUCATION ACT OF 1965 720 the Secretary’s biennial report under paragraph (2), with- out creating costs for the taxpayer; and (B) whether the experimental site has improved the delivery of services to, or otherwise benefitted, students.
(c) DEFINITIONS.—For purposes of this section, the term ‘‘cur- rent award year’’ means the award year during which the partici- pating institution indicates the institution’s intention to cease par- ticipation.

SEC.

487B.

ø20 U.S.C.

1094b¿ ASSIGNMENT OF IDENTIFICATION NUM- BERS.


The Secretary shall assign to each participant in title IV pro- grams, including institutions, lenders, and guaranty agencies, a single Department of Education identification number to be used to identify its participation in each of the title IV programs.

SEC.

488. ø20 U.S.C.

1095¿ TRANSFER OF ALLOTMENTS.
In order to offer an arrangement of types of aid, including in- stitutional and State aid which best fits the needs of each indi- vidual student, an institution may (1) transfer a total of 25 percent of the institutions allotment under section 462 to the institution’s allotment under section 413D or 442 (or both); (2) transfer 25 per- cent of the institution’s allotment under section 442 to the institu- tion’s allotment under section 413D or 462 (or both); and (3) trans- fer 25 percent of the institution’s allotment under section 413D to the institution’s allotment under section 442.
Funds transferred to an institution’s allotment under another section may be used as a part of and for the same purposes as funds allotted under that sec- tion.

The Secretary shall have no control over such transfer, except as specifically authorized, except for the collection and dissemina- tion of information.

SEC.

488A.

ø20 U.S.C.

1095a¿ WAGE GARNISHMENT REQUIREMENT.
(a) GARNISHMENT REQUIREMENTS.—Notwithstanding any provi- sion of State law, a guaranty agency, or the Secretary in the case of loans made, insured or guaranteed under this title that are held by the Secretary, may garnish the disposable pay of an individual to collect the amount owed by the individual, if he or she is not cur- rently making required repayment under a repayment agreement with the Secretary, or, in the case of a loan guaranteed under part B on which the guaranty agency received reimbursement from the Secretary under section 428(c), with the guaranty agency holding the loan, as appropriate, provided that— (1) the amount deducted for any pay period may not ex- ceed 15 percent of disposable pay, except that a greater per- centage may be deducted with the written consent of the indi- vidual involved; (2) the individual shall be provided written notice, sent by mail to the individual’s last known address, a minimum of 30 days prior to the initiation of proceedings, from the guaranty agency or the Secretary, as appropriate, informing such indi- vidual of the nature and amount of the loan obligation to be collected, the intention of the guaranty agency or the Sec- retary, as appropriate, to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this section; September 8, 2023 As Amended Through P.L.
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488A (3) the individual shall be provided an opportunity to in- spect and copy records relating to the debt; (4) the individual shall be provided an opportunity to enter into a written agreement with the guaranty agency or the Sec- retary, under terms agreeable to the Secretary, or the head of the guaranty agency or his designee, as appropriate, to estab- lish a schedule for the repayment of the debt; (5) the individual shall be provided an opportunity for a hearing in accordance with subsection (b) on the determination of the Secretary or the guaranty agency, as appropriate, con- cerning the existence or the amount of the debt, and, in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to paragraph (4), concerning the terms of the repayment schedule; (6) the employer shall pay to the Secretary or the guaranty agency as directed in the withholding order issued in this ac- tion, and shall be liable for, and the Secretary or the guaranty agency, as appropriate, may sue the employer in a State or Federal court of competent jurisdiction to recover, any amount that such employer fails to withhold from wages due an em- ployee following receipt of such employer of notice of the with- holding order, plus attorneys’ fees, costs, and, in the court’s discretion, punitive damages, but such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this paragraph; (7) if an individual has been reemployed within 12 months after having been involuntarily separated from employment, no amount may be deducted from the disposable pay of such indi- vidual until such individual has been reemployed continuously for at least 12 months; and (8) an employer may not discharge from employment, refuse to employ, or take disciplinary action against an indi- vidual subject to wage withholding in accordance with this sec- tion by reason of the fact that the individual’s wages have been subject to garnishment under this section, and such individual may sue in a State or Federal court of competent jurisdiction any employer who takes such action.
The court shall award at- torneys’ fees to a prevailing employee and, in its discretion, may order reinstatement of the individual, award punitive damages and back pay to the employee, or order such other remedy as may be reasonably necessary.
(b) HEARING REQUIREMENTS.—A hearing described in sub- section (a)(5) shall be provided prior to issuance of a garnishment order if the individual, on or before the 15th day following the mailing of the notice described in subsection (a)(2), and in accord- ance with such procedures as the Secretary or the head of the guaranty agency, as appropriate, may prescribe, files a petition re- questing such a hearing.
If the individual does not file a petition requesting a hearing prior to such date, the Secretary or the guar- anty agency, as appropriate, shall provide the individual a hearing under subsection (a)(5) upon request, but such hearing need not be provided prior to issuance of a garnishment order.

A hearing under subsection (a)(5) may not be conducted by an individual under the supervision or control of the head of the guaranty agency, except September 8, 2023 As Amended Through P.L.
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489 HIGHER EDUCATION ACT OF 1965 722 that nothing in this sentence shall be construed to prohibit the ap- pointment of an administrative law judge.
The hearing official shall issue a final decision at the earliest practicable date, but not later than 60 days after the filing of the petition requesting the hearing.

(c) NOTICE REQUIREMENTS.—The notice to the employer of the withholding order shall contain only such information as may be necessary for the employer to comply with the withholding order.
(d) NO ATTACHMENT OF STUDENT ASSISTANCE.—Except as au- thorized in this section, notwithstanding any other provision of Federal or State law, no grant, loan, or work assistance awarded under this title, or property traceable to such assistance, shall be subject to garnishment or attachment in order to satisfy any debt owed by the student awarded such assistance, other than a debt owed to the Secretary and arising under this title.
(e) DEFINITION.—For the purpose of this section, the term ‘‘dis- posable pay’’ means that part of the compensation of any individual from an employer remaining after the deduction of any amounts re- quired by law to be withheld.

SEC.

489. ø20 U.S.C.

1096¿ ADMINISTRATIVE EXPENSES.


(a) AMOUNT OF PAYMENTS.—From the sums appropriated for any fiscal year for the purpose of the program authorized under subpart 1 of part A, the Secretary shall reserve such sums as may be necessary to pay to each institution with which he has an agree- ment under section 487, an amount equal to $5 for each student at that institution who receives assistance under subpart 1 of part A.
In addition, an institution which has entered into an agreement with the Secretary under subpart 3 of part A or part C, of this title or under part E of this title shall be entitled for each fiscal year which such institution disburses funds to eligible students under any such part to a payment for the purpose set forth in subsection (b).
The payment for a fiscal year shall be payable from each such allotment by payment in accordance with regulations of the Sec- retary and shall be equal to 5 percent of the institution’s first $2,750,000 of expenditures plus 4 percent of the institution’s ex- penditures greater than $2,750,000 and less than $5,500,000, plus 3 percent of the institution’s expenditures in excess of $5,500,000 during the fiscal year from the sum of its grants to students under subpart 3 of part A, its expenditures during such fiscal year under part C for compensation of students, and the principal amount of loans made during such fiscal year from its student loan fund es- tablished under part E, excluding the principal amount of any such loans which the institution has referred under section 463(a)(4)(B).
In addition, the Secretary shall provide for payment to each insti- tution of higher education an amount equal to 100 percent of the costs incurred by the institution in implementing and operating the immigration status verification system under section 484(g).

(b) PURPOSE OF PAYMENTS.—(1) The sums paid to institutions under this part are for the sole purpose of administering the pro- grams described in subsection (a).
(2) If the institution enrolls a significant number of students who are (A) attending the institution less than full time, or (B) independent students, the institution shall use a reasonable pro- portion of the funds available under this section for financial aid September 8, 2023 As Amended Through P.L.
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490 services during times and in places that will most effectively ac- commodate the needs of such students.

SEC.

490. ø20 U.S.C.

1097¿ CRIMINAL PENALTIES.
(a) IN GENERAL.—Any person who knowingly and willfully em- bezzles, misapplies, steals, obtains by fraud, false statement, or for- gery, or fails to refund any funds, assets, or property provided or insured under this title or attempts to so embezzle, misapply, steal, obtain by fraud, false statement or forgery, or fail to refund any funds, assets, or property, shall be fined not more than $20,000 or imprisoned for not more than 5 years, or both, except if the amount so embezzled, misapplied, stolen, obtained by fraud, false state- ment, or forgery, or failed to be refunded does not exceed $200, then the fine shall not be more than $5,000 and imprisonment shall not exceed one year, or both.
(b) ASSIGNMENT OF LOANS.—Any person who knowingly and willfully makes any false statement, furnishes any false informa- tion, or conceals any material information in connection with the assignment of a loan which is made or insured under this title or attempts to so make any false statement, furnish any false infor- mation, or conceal any material information in connection with such assignment shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both.
(c) INDUCEMENTS TO LEND OR ASSIGN.—Any person who know- ingly and willfully makes an unlawful payment to an eligible lend- er under part B or attempts to make such unlawful payment as an inducement to make, or to acquire by assignment, a loan insured under such part shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both.
(d) OBSTRUCTION OF JUSTICE.—Any person who knowingly and willfully destroys or conceals any record relating to the provision of assistance under this title or attempts to so destroy or conceal with intent to defraud the United States or to prevent the United States from enforcing any right obtained by subrogation under this part, shall upon conviction thereof, be fined not more than $20,000 or imprisoned not more than 5 years, or both.
(e) 77 ACCESS TO DEPARTMENT OF EDUCATION INFORMATION TECHNOLOGY SYSTEMS FOR FRAUD, COMMERCIAL ADVANTAGE, OR PRIVATE FINANCIAL GAIN.—Any person who knowingly uses an ac- cess device, as defined in section 1029(e)(1) of title 18, United States Code, issued to another person or obtained by fraud or false state- ment to access Department information technology systems for pur- poses of obtaining commercial advantage or private financial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State, shall be fined not more than $20,000, imprisoned for not more than 5 years, or both.
77 Section 2(a) of Public Law 116–251 provides for an amendment to section 490 of this Act by adding at the end a new subsection (e).

Section 6 of such Public Law provides: ‘‘This Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act.’’ [effective on June 20, 2021].
Furthermore, section 2(c) of Public Law 116–251 provides as follows: ‘‘Notwithstanding section 6, the penalties described in section 490(e) of the Higher Education Act of 1965 (20 U.S.C.

1097), as added by subsection (a), shall take effect the day after the date on which the Secretary issues guidance regarding the use of access devices, as described in subsection (b).’’.

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490A HIGHER EDUCATION ACT OF 1965 724 SEC.

490A.

ø20 U.S.C.

1097a¿ ADMINISTRATIVE SUBPOENAS.


(a) AUTHORITY.—To assist the Secretary in the conduct of in- vestigations of possible violations of the provisions of this title, the Secretary is authorized to require by subpoena the production of in- formation, documents, reports, answers, records, accounts, papers, and other documentary evidence pertaining to participation in any program under this title.

The production of any such records may be required from any place in a State.
(b) ENFORCEMENT.—In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States where such person resides or transacts business for a court order for the enforcement of this section.

SEC.

491. ø20 U.S.C.

1098¿ ADVISORY COMMITTEE ON STUDENT FINAN- CIAL ASSISTANCE.
(a) ESTABLISHMENT AND PURPOSE.—(1) There is established in the Department an independent Advisory Committee on Student Financial Assistance (hereafter in this section referred to as the ‘‘Advisory Committee’’) which shall provide advice and counsel to the authorizing committees and to the Secretary on student finan- cial aid matters.
(2) The purpose of the Advisory Committee is— (A) to provide extensive knowledge and understanding of the Federal, State, and institutional programs of postsecondary student assistance; (B) to provide technical expertise with regard to systems of needs analysis and application forms; (C) to make recommendations that will result in the main- tenance of access to postsecondary education for low- and mid- dle-income students; (D) 78 to provide knowledge and understanding of early intervention programs, and to make recommendations that will result in early awareness by low- and moderate-in- come students and families— (i) of their eligibility for assistance under this title; and (ii) to the extent practicable, of their eligibility for other forms of State and institutional need-based stu- dent assistance; (E) 78 to make recommendations that will expand and improve partnerships among the Federal Government, States, institutions of higher education, and private enti- ties to increase the awareness and the total amount of need-based student assistance available to low- and mod- erate-income students; and (F) 78 to collect information on Federal regulations, and on the impact of Federal regulations on student finan- cial assistance and on the cost of receiving a postsecondary education, and to make recommendations to help stream- line the regulations for institutions of higher education from all sectors.
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491 (b) INDEPENDENCE OF ADVISORY COMMITTEE.—In the exercise of its functions, powers, and duties, the Advisory Committee shall be independent of the Secretary and the other offices and officers of the Department.

Notwithstanding Department of Education poli- cies and regulations, the Advisory Committee shall exert inde- pendent control of its budget allocations, expenditures and staffing levels, personnel decisions and processes, procurements, and other administrative and management functions.
The Advisory Commit- tee’s administration and management shall be subject to the usual and customary Federal audit procedures.

Reports, publications, and other documents of the Advisory Committee, including such re- ports, publications, and documents in electronic form, shall not be subject to review by the Secretary.
Notwithstanding Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations and expendi- tures, personnel decisions and processes, procurements, and other administrative and management functions.

The Advisory Commit- tee’s administration and management shall be subject to the usual and customary Federal audit procedures.
The recommendations of the Committee shall not be subject to review or approval by any officer in the executive branch, but may be submitted to the Sec- retary for comment prior to submission to the authorizing commit- tees in accordance with subsection (f).

The Secretary’s authority to terminate advisory committees of the Department pursuant to sec- tion 448(b) of the General Education Provisions Act ceased to be ef- fective on June 23, 1983.
(c) MEMBERSHIP.—(1) The Advisory Committee shall consist of 11 members appointed as follows: (A) Four members shall be appointed by the President pro tempore of the Senate, of whom two members shall be ap- pointed from recommendations by the Majority Leader of the Senate, and two members shall be appointed from rec- ommendations by the Minority Leader of the Senate.
(B) Four members shall be appointed by the Speaker of the House of Representatives, of whom two members shall be ap- pointed from recommendations by the Majority Leader of the House of Representatives, and two members shall be appointed from recommendations by the Minority Leader of the House of Representatives.

(C) Three members shall be appointed by the Secretary, of whom at least one member shall be a student.
(2) Each member of the Advisory Committee, with the excep- tion of a student member, shall be appointed on the basis of tech- nical qualifications, professional experience, and demonstrated knowledge in the fields of higher education, student financial aid, financing post-secondary education, and the operations and financ- ing of student loan guarantee agencies.
(3) The appointment of a member under subparagraph (A) or (B) of paragraph (1) shall be effective upon publication of such ap- pointment in the Congressional Record.

(d) FUNCTIONS OF THE COMMITTEE.—The Advisory Committee shall— (1) develop, review, and comment annually upon the sys- tem of needs analysis established under part F of this title; September 8, 2023 As Amended Through P.L.
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491 HIGHER EDUCATION ACT OF 1965 726 (2) monitor, apprise, and evaluate the effectiveness of stu- dent aid delivery and recommend improvements; (3) recommend data collection needs and student informa- tion requirements which would improve access and choice for eligible students under this title and assist the Department of Education in improving the delivery of student aid; (4) assess the impact of legislative and administrative pol- icy proposals; (5) review and comment upon, prior to promulgation, all regulations affecting programs under this title, including pro- posed regulations; (6) recommend to the authorizing committees and to the Secretary such studies, surveys, and analyses of student finan- cial assistance programs, policies, and practices, including the special needs of low-income, disadvantaged, and nontraditional students, and the means by which the needs may be met; (7) review and comment upon standards by which financial need is measured in determining eligibility for Federal student assistance programs; (8) appraise the adequacies and deficiencies of current stu- dent financial aid information resources and services and evaluate the effectiveness of current student aid information programs; (9) provide an annual report to the authorizing committees that provides analyses and policy recommendations regard- ing— (A) the adequacy of need-based grant aid for low- and moderate-income students; and (B) the postsecondary enrollment and graduation rates of low- and moderate-income students; (10) develop and maintain an information clearinghouse to help institutions of higher education understand the regulatory impact of the Federal Government on institutions of higher education from all sectors, in order to raise awareness of insti- tutional legal obligations and provide information to improve compliance with, and to reduce the duplication and inefficiency of, Federal regulations; and (11) make special efforts to advise Members of Congress and such Members’ staff of the findings and recommendations made pursuant to this paragraph.
(e) OPERATIONS OF THE COMMITTEE.—(1) Each member of the Advisory Committee shall be appointed for a term of 4 years, ex- cept that, of the members first appointed— (A) 4 shall be appointed for a term of 1 year; (B) 4 shall be appointed for a term of 2 years; and (C) 3 shall be appointed for a term of 3 years, as designated at the time of appointment by the Secretary.
(2) Any member appointed to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for the remainder of such term.

A member of the Advisory Com- mittee 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.

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491 (3) No officers or full-time employees of the Federal Govern- ment shall serve as members of the Advisory Committee.

(4) The Advisory Committee shall elect a Chairman and a Vice Chairman from among its members.
(5) Six members of the Advisory Committee shall constitute a quorum.

(6) The Advisory Committee shall meet at the call of the Chair- man or a majority of its members.

(f) SUBMISSION TO DEPARTMENT FOR COMMENT.—The Advisory Committee may submit its proposed recommendations to the De- partment of Education for comment for a period not to exceed 30 days in each instance.
(g) COMPENSATION AND EXPENSES.—Members of the Advisory Committee may each receive reimbursement for travel expenses in- cident to attending Advisory Committee meetings, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service em- ployed intermittently.
(h) PERSONNEL AND RESOURCES.—(1) The Advisory Committee may appoint such personnel as may be determined necessary by the Chairman without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no individual so appointed shall be paid in excess of the rate authorized for GS–18 of the Gen- eral Schedule.
The Advisory Committee may appoint not more than 1 full-time equivalent, nonpermanent, consultant without regard to the provisions of title 5, United States Code.

The Advisory Com- mittee shall not be required by the Secretary to reduce personnel to meet agency personnel reduction goals.

(2) In carrying out its duties under the Act, the Advisory Com- mittee shall consult with other Federal agencies, representatives of State and local governments, and private organizations to the ex- tent feasible.
(3)(A) The Advisory Committee is authorized to secure directly from any executive department, bureau, agency, board, commis- sion, office, independent establishment, or instrumentality informa- tion, suggestions, estimates, and statistics for the purpose of this section and each such department, bureau, agency, board, commis- sion, office, independent establishment, or instrumentality is au- thorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the Advisory Committee, upon request made by the Chairman.
(B) The Advisory Committee may enter into contracts for the acquisition of information, suggestions, estimates, and statistics for the purpose of this section.

(4) The Advisory Committee is authorized to obtain the serv- ices of experts and consultants without regard to section 3109 of title 5, United States Code and to set pay in accordance with such section.
(5) The head of each Federal agency shall, to the extent not prohibited by law, cooperate with the Advisory Committee in car- rying out this section.

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491 HIGHER EDUCATION ACT OF 1965 728 (6) The Advisory Committee is authorized to utilize, with their consent, the services, personnel, information, and facilities of other Federal, State, local, and private agencies with or without reim- bursement.

(i) AVAILABILITY OF FUNDS.—In each fiscal year not less than $800,000, shall be available from the amount appropriated for each such fiscal year from salaries and expenses of the Department for the costs of carrying out the provisions of this section.
(j) SPECIAL ANALYSES AND ACTIVITIES.—The Advisory Committee shall— (1) monitor and evaluate the modernization of student fi- nancial aid systems and delivery processes and simplifications, including recommendations for improvement; (2) assess the adequacy of current methods for dissemi- nating information about programs under this title and rec- ommend improvements, as appropriate, regarding early needs assessment and information for first-year secondary school stu- dents; (3) assess and make recommendations concerning the fea- sibility and degree of use of appropriate technology in the ap- plication for, and delivery and management of, financial assist- ance under this title, as well as policies that promote use of such technology to reduce cost and enhance service and pro- gram integrity, including electronic application and reapplica- tion, just-in-time delivery of funds, reporting of disbursements and reconciliation; (4) conduct a review and analysis of regulations in accord- ance with subsection (l); and (5) conduct a study in accordance with subsection (m).
(k) TERM OF THE COMMITTEE.—Notwithstanding the sunset and charter provisions of chapter 10 of title 5, United States Code, or any other statute or regulation, the Advisory Committee shall be authorized until October 1, 2015.
(l) REVIEW AND ANALYSIS OF REGULATIONS.— (1) RECOMMENDATIONS.—The Advisory Committee shall make recommendations to the Secretary and the authorizing committees for consideration of future legislative action regard- ing redundant or outdated regulations consistent with the Sec- retary’s requirements under section 498B.
(2) REVIEW AND ANALYSIS OF REGULATIONS.— (A) REVIEW OF CURRENT REGULATIONS.—To meet the requirements of subsection (d)(10), the Advisory Com- mittee shall conduct a review and analysis of the regula- tions issued by Federal agencies that are in effect at the time of the review and that apply to the operations or ac- tivities of institutions of higher education from all sectors.
The review and analysis may include a determination of whether the regulation is duplicative, is no longer nec- essary, is inconsistent with other Federal requirements, or is overly burdensome.
In conducting the review, the Advi- sory Committee shall pay specific attention to evaluating ways in which regulations under this title affecting institu- tions of higher education (other than institutions described in section 102(a)(1)(C)), that have received in each of the September 8, 2023 As Amended Through P.L.
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491 two most recent award years prior to the date of enact- ment of the Higher Education Opportunity Act less than $200,000 in funds through this title, may be improved, streamlined, or eliminated.
(B) REVIEW AND COLLECTION OF FUTURE REGULA- TIONS.—The Advisory Committee shall— (i) monitor all Federal regulations, including no- tices of proposed rulemaking, for their impact or po- tential impact on higher education; and (ii) provide a succinct description of each regula- tion or proposed regulation that is generally relevant to institutions of higher education from all sectors.
(C) MAINTENANCE OF PUBLIC WEBSITE.—The Advisory Committee shall develop and maintain an easy to use, searchable, and regularly updated website that— (i) provides information collected in subparagraph (B); (ii) provides an area for the experts and members of the public to provide recommendations for ways in which the regulations may be streamlined; and (iii) publishes the study conducted by the National Research Council of the National Academy of Sciences under section 1106 of the Higher Education Oppor- tunity Act.
(3) CONSULTATION.— (A) IN GENERAL.—In carrying out the review, analysis, and development of the website required under paragraph (2), the Advisory Committee shall consult with the Sec- retary, other Federal agencies, relevant representatives of institutions of higher education, individuals who have ex- pertise and experience with Federal regulations, and the review panels described in subparagraph (B).
(B) REVIEW PANELS.—The Advisory Committee shall convene not less than two review panels of representatives of the groups involved in higher education, including indi- viduals involved in student financial assistance programs under this title, who have experience and expertise in the regulations issued by the Federal Government that affect all sectors of higher education, in order to review the regu- lations 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 re- lated to the operations or the institutional eligibility re- quirements of the financial assistance programs, and regu- lations for dissemination of information to students about the financial assistance programs.
(4) PERIODIC UPDATES TO THE AUTHORIZING COMMITTEES.— The Advisory Committee shall— (A) submit, not later than two years after the comple- tion of the negotiated rulemaking process required under section 492 resulting from the amendments to this Act September 8, 2023 As Amended Through P.L.

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491 HIGHER EDUCATION ACT OF 1965 730 made by the Higher Education Opportunity Act, a report to the authorizing committees and the Secretary detailing the review panels’ findings and recommendations with re- spect to the review of regulations; and (B) provide periodic updates to the authorizing com- mittees regarding— (i) the impact of all Federal regulations on all sec- tors of higher education; and (ii) suggestions provided through the website for streamlining or eliminating duplicative regulations.
(5) ADDITIONAL SUPPORT.—The Secretary and the Inspector General of the Department shall provide such assistance and resources to the Advisory Committee as the Secretary and In- spector General determine are necessary to conduct the review and analysis required by this subsection.
(m) STUDY OF INNOVATIVE PATHWAYS TO BACCALAUREATE DE- GREE ATTAINMENT.— (1) STUDY REQUIRED.—The Advisory Committee shall con- duct a study of the feasibility of increasing baccalaureate de- gree attainment rates by reducing the costs and financial bar- riers to attaining a baccalaureate degree through innovative programs.
(2) SCOPE OF STUDY.—The Advisory Committee shall ex- amine 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 proc- ess, compressed or modular scheduling, articulation agree- ments, and programs that allow two-year institutions of higher education to offer baccalaureate degrees.
(3) REQUIRED ASPECTS OF THE STUDY.—In performing the study described in this subsection, the Advisory Committee shall examine the following aspects of such innovative pro- grams: (A) The impact of such programs on baccalaureate at- tainment rates.

(B) The degree to which a student’s total cost of at- taining a baccalaureate degree can be reduced by such pro- grams.

(C) The ways in which low- and moderate-income stu- dents can be specifically targeted by such programs.
(D) The ways in which nontraditional students can be specifically targeted by such programs.

(E) The cost-effectiveness for the Federal Government, States, and institutions of higher education to implement such programs.
(4) CONSULTATION.— (A) IN GENERAL.—In performing the study described in this subsection, the Advisory Committee shall consult with a broad range of interested parties in higher education, in- cluding parents, students, appropriate representatives of secondary schools and institutions of higher education, ap- propriate State administrators, administrators of dual or September 8, 2023 As Amended Through P.L.
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492 concurrent enrollment programs, and appropriate Depart- ment officials.

(B) CONSULTATION WITH THE AUTHORIZING COMMIT- TEES.—The Advisory Committee shall consult on a regular basis with the authorizing committees in carrying out the study required by this subsection.
(5) REPORTS TO AUTHORIZING COMMITTEES.— (A) INTERIM REPORT.—The Advisory Committee shall prepare and submit to the authorizing committees and the Secretary an interim report, not later than one year after the date of enactment of the Higher Education Oppor- tunity Act, describing the progress made in conducting the study required by this subsection and any preliminary findings on the topics identified under paragraph (2).
(B) FINAL REPORT.—The Advisory Committee shall, not later than three years after the date of enactment of the Higher Education Opportunity Act, prepare and sub- mit 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 para- graph (2).

SEC.

492. ø20 U.S.C.

1098a¿ REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.
(a) MEETINGS.— (1) IN GENERAL.—The Secretary shall obtain public in- volvement in the development of proposed regulations for this title.
The Secretary shall obtain the advice of and recommenda- tions from individuals and representatives of the groups in- volved in student financial assistance programs under this title, such as students, legal assistance organizations that rep- resent students, institutions of higher education, State student grant agencies, guaranty agencies, lenders, secondary markets, loan servicers, guaranty agency servicers, and collection agen- cies.
(2) ISSUES.—The Secretary shall provide for a comprehen- sive discussion and exchange of information concerning the im- plementation of this title through such mechanisms as regional meetings and electronic exchanges of information.

The Sec- retary shall take into account the information received through such mechanisms in the development of proposed regulations and shall publish a summary of such information in the Fed- eral Register together with such proposed regulations.
(b) DRAFT REGULATIONS.— (1) IN GENERAL.—After obtaining the advice and rec- ommendations described in subsection (a)(1) and before pub- lishing proposed regulations in the Federal Register, the Sec- retary shall prepare draft regulations implementing this title and shall submit such regulations to a negotiated rulemaking process.
Participants in the negotiations process shall be cho- sen by the Secretary from individuals nominated by groups de- scribed in subsection (a)(1), and shall include both representa- tives of such groups from Washington, D.C., and industry par- ticipants.

The Secretary shall select individuals with dem- September 8, 2023 As Amended Through P.L.
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493 HIGHER EDUCATION ACT OF 1965 732 onstrated expertise or experience in the relevant subjects under negotiation, reflecting the diversity in the industry, rep- resenting both large and small participants, as well as individ- uals serving local areas and national markets.
The negotiation process shall be conducted in a timely manner in order that the final regulations may be issued by the Secretary within the 360-day period described in section 437(e) of the General Edu- cation Provisions Act.
(2) EXPANSION OF NEGOTIATED RULEMAKING.—All regula- tions pertaining to this title that are promulgated after the date of enactment of this paragraph shall be subject to a nego- tiated rulemaking (including the selection of the issues to be negotiated), unless the Secretary determines that applying such a requirement with respect to given regulations is imprac- ticable, unnecessary, or contrary to the public interest (within the meaning of section 553(b)(3)(B) of title 5, United States Code), and publishes the basis for such determination in the Federal Register at the same time as the proposed regulations in question are first published.
All published proposed regula- tions shall conform to agreements resulting from such nego- tiated rulemaking unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to the participants in that process why the Secretary has decided to depart from such agreements.
Such negotiated rulemaking shall be conducted in accordance with the provisions of para- graph (1), and the Secretary shall ensure that a clear and reli- able record of agreements reached during the negotiations process is maintained.

(c) APPLICABILITY OF CHAPTER 10 OF TITLE 5, UNITED STATES CODE.—Chapter 10 of title 5, United States Code, shall not apply to activities carried out under this section.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated in any fiscal year or made available from funds appropriated to carry out this part in any fiscal year such sums as may be necessary to carry out the provisions of this section, except that if no funds are appropriated pursuant to this subsection, the Secretary shall make funds available to carry out this section from amounts appropriated for the operations and expenses of the De- partment of Education.

SEC.

493. ø20 U.S.C.


1098b¿ AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATIVE EXPENSES.

There are authorized to be appropriated such sums as may be necessary for fiscal year 1993 and for each succeeding fiscal year thereafter for administrative expenses necessary for carrying out this title, including expenses for staff personnel, program reviews, and compliance activities.

øSection 493A repealed by section 494E of P.L.

110–315¿ SEC.

493B.

ø20 U.S.C.


1098d¿ PROCEDURES FOR CANCELLATIONS AND DEFERMENTS FOR ELIGIBLE DISABLED VETERANS.

The Secretary, in consultation with the Secretary of Veterans Affairs, shall develop and implement a procedure to permit Depart- ment of Veterans Affairs physicians to provide the certifications and affidavits needed to enable disabled veterans enrolled in the September 8, 2023 As Amended Through P.L.
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493C Department of Veterans Affairs health care system to document such veterans’ eligibility for deferments or cancellations of student loans made, insured, or guaranteed under this title.
Not later than 6 months after the date of enactment of the Higher Education Amendments of 1998, the Secretary and the Secretary of Veterans Affairs jointly shall report to Congress on the progress made in de- veloping and implementing the procedure.

SEC.

493C.

ø20 U.S.C.

1098e¿ INCOME-BASED REPAYMENT.


(a) DEFINITIONS.—In this section: (1) EXCEPTED PLUS LOAN.—The term ‘‘excepted PLUS loan’’ means a loan under section 428B, or a Federal Direct PLUS Loan, that is made, insured, or guaranteed on behalf of a de- pendent student.
(2) EXCEPTED CONSOLIDATION LOAN.—The term ‘‘excepted consolidation loan’’ means a consolidation loan under section 428C, or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to the discharge the liability on an ex- cepted PLUS loan.
(3) PARTIAL FINANCIAL HARDSHIP.—The term ‘‘partial fi- nancial hardship’’, when used with respect to a borrower, means that for such borrower— (A) the annual amount due on the total amount of loans made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolida- tion loan) to a borrower as calculated under the standard repayment or 455(d)(1)(A), based on a 10-year repayment period; exceeds (B) 15 percent of the result obtained by calculating, on 428(b)(9)(A)(i) plan under section at least an annual basis, the amount by which— (i) the borrower’s, and the borrower’s spouse’s (if applicable), adjusted gross income; exceeds (ii) 150 percent of the poverty line applicable to the borrower’s family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)).
(b) INCOME-BASED REPAYMENT PROGRAM AUTHORIZED.—Not- withstanding any other provision of this Act, the Secretary shall carry out a program under which— (1) a borrower of any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or ex- cepted consolidation loan) who has a partial financial hardship (whether or not the borrower’s loan has been submitted to a guaranty agency for default aversion or had been in default) may elect, during any period the borrower has the partial fi- nancial hardship, to have the borrower’s aggregate monthly payment for all such loans not exceed the result described in subsection (a)(3)(B) divided by 12; (2) the holder of such a loan shall apply the borrower’s monthly payment under this subsection first toward interest due on the loan, next toward any fees due on the loan, and then toward the principal of the loan; (3) any interest due and not paid under paragraph (2)— September 8, 2023 As Amended Through P.L.
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493C HIGHER EDUCATION ACT OF 1965 734 (A) shall, on subsidized loans, be paid by the Secretary for a period of not more than 3 years after the date of the borrower’s election under paragraph (1), except that such period shall not include any period during which the bor- rower is in deferment due to an economic hardship de- scribed in section 435(o); and (B) be capitalized— (i) in the case of a subsidized loan, subject to sub- paragraph (A), at the time the borrower— (I) ends the election to make income-based re- payment under this subsection; or (II) begins making payments of not less than the amount specified in paragraph (6)(A); or (ii) in the case of an unsubsidized loan, at the time the borrower— (I) ends the election to make income-based re- payment under this subsection; or (II) begins making payments of not less than the amount specified in paragraph (6)(A); (4) any principal due and not paid under paragraph (2) shall be deferred; (5) the amount of time the borrower makes monthly pay- ments under paragraph (1) may exceed 10 years; (6) if the borrower no longer has a partial financial hard- ship or no longer wishes to continue the election under this subsection, then— (A) the maximum monthly payment required to be paid for all loans made to the borrower under part B or D (other than an excepted PLUS loan or excepted consolida- tion loan) shall not exceed the monthly amount calculated under section 428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10- year repayment period, when the borrower first made the election described in this subsection; and (B) the amount of time the borrower is permitted to repay such loans may exceed 10 years; (7) the Secretary shall repay or cancel any outstanding balance of principal and interest due on all loans made under part B or D (other than a loan under section 428B or a Federal Direct PLUS Loan) to a borrower who— (A) at any time, elected to participate in income-based repayment under paragraph (1); and (B) for a period of time prescribed by the Secretary, not to exceed 25
 years, meets 1 or more of the following requirements— (i) has made reduced monthly payments under paragraph (1) or paragraph (6); (ii) has made monthly payments of not less than section the monthly amount 428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10-year re- payment period, when the borrower first made the election described in this subsection; calculated under (iii) has made payments of not less than the pay- ments required under a standard repayment plan September 8, 2023 As Amended Through P.L.
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493D under section 428(b)(9)(A)(i) or 455(d)(1)(A) with a re- payment period of 10 years; (iv) has made payments under an income-contin- gent repayment plan under section 455(d)(1)(D); or (v) has been in deferment due to an economic hardship described in section 435(o); (8) a borrower who is repaying a loan made under part B or D pursuant to income-based repayment may elect, at any time, to terminate repayment pursuant to income-based repay- ment and repay such loan under the standard repayment plan; and (9) the special allowance payment to a lender calculated under section 438(b)(2)(I), when calculated for a loan in repay- ment under this section, shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section.
(c) ELIGIBILITY DETERMINATIONS.— (1) IN GENERAL.—The Secretary shall establish procedures for annually determining the borrower’s eligibility for income- based repayment, including verification of a borrower’s annual income and the annual amount due on the total amount of loans made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan), and such other procedures as are necessary to effectively im- plement income-based repayment under this section.
(2) PROCEDURES FOR ELIGIBILITY.—The Secretary shall— (A) consider, but is not limited to, the procedures es- tablished in accordance with section 455(e)(1) or in connec- tion with income sensitive repayment schedules under sec- tion 428(b)(9)(A)(iii) or 428C(b)(1)(E); and (B) carry out, with respect to borrowers of any loan made under part D (other than an excepted PLUS loan or excepted consolidation loan), procedures for income-based repayment plans that are equivalent to the procedures car- ried out under section 455(e)(8) with respect to income-con- tingent repayment plans.
(d) SPECIAL RULE FOR MARRIED BORROWERS FILING SEPA- RATELY.—In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the amount of the borrower’s income-based repayment under this sec- tion solely on the basis of the borrower’s student loan debt and ad- justed gross income.
(e) SPECIAL TERMS FOR NEW BORROWERS ON AND AFTER JULY 1, 2014.—With respect to any loan made to a new borrower on or after July 1, 2014— (1) subsection (a)(3)(B) shall be applied by substituting ‘‘10 percent’’ for ‘‘15 percent’’; and (2) subsection (b)(7)(B) shall be applied by substituting ‘‘20 years’’ for ‘‘25 years’’.

SEC.

493D.

ø20 U.S.C.

1098f¿ DEFERRAL OF LOAN REPAYMENT FOL- LOWING ACTIVE DUTY.
(a) DEFERRAL OF LOAN REPAYMENT FOLLOWING ACTIVE DUTY.—In addition to any deferral of repayment of a loan made under this title pursuant to section 428(b)(1)(M)(iii), 455(f)(2)(C), or September 8, 2023 As Amended Through P.L.

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494 HIGHER EDUCATION ACT OF 1965 736 464(c)(2)(A)(iii), a borrower of a loan under this title who is a mem- ber of the National Guard or other reserve component of the Armed Forces of the United States, or a member of such Armed Forces in a retired status, is called or ordered to active duty, and is enrolled, or was enrolled within six months prior to the activation, in a pro- gram of instruction at an eligible institution, shall be eligible for a deferment during the 13 months following the conclusion of such service, except that a deferment under this subsection shall expire upon the borrower’s return to enrolled student status.
(b) ACTIVE DUTY.—Notwithstanding section 481(d), in this sec- tion, the term ‘‘active duty’’ has the meaning given such term in section 101(d)(1) of title 10, United States Code, except that such term— (1) does not include active duty for training or attendance at a service school; but (2) includes, in the case of members of the National Guard, active State duty.

SEC.

494.

79 ø20 U.S.C.

1098h¿ PROCEDURE AND REQUIREMENTS FOR REQUESTING TAX RETURN INFORMATION FROM THE IN- TERNAL REVENUE SERVICE.
(a) NOTIFICATION AND APPROVAL REQUIREMENTS.— (1) FEDERAL STUDENT FINANCIAL AID.—In the case of any written or electronic application under section 483 by an indi- vidual for Federal student financial aid under a program au- thorized under subpart 1 of part A, part C, or part D, the Sec- retary, with respect to such individual and any parent or spouse whose financial information, including return informa- tion, is required to be provided on such application, shall— (A) notify such individuals that— (i) if such individuals provide approval under sub- paragraph (B)— (I) the Secretary will have the authority to re- quest that the Secretary of the Treasury disclose return information of such individuals to author- ized persons (as defined in section 6103(l)(13) of the Internal Revenue Code of 1986) for the rel- evant purposes described in such section; and (II) the return information of such individuals may be redisclosed pursuant to clauses (iii), (iv), (v), and (vi) of section 6103(l)(13)(D) of the Inter- nal Revenue Code of 1986, for the relevant pur- poses described in such section; and (ii) the failure to provide such approval for the disclosures described in subclauses (I) and (II) of clause (i) will result in the Secretary being unable to calculate eligibility for such aid to such individual; and (B) require, as a condition of eligibility for such aid, that such individuals affirmatively approve the disclosures described in subclauses (I) and (II) of subparagraph (A)(i).
79 Duplicate amendments (appears to be identical) made to section 494 were enacted into law.

See amendments made by section 284(b) of division N and section 103(b) of division FF of Public Law 116-260.

The version for this section shown here reflects one set of amendments only.

September 8, 2023 As Amended Through P.L.


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494 øNote: Effective on July 1, 2024, section 702(p) of division FF of Public Law 116-260 provides for amendments to strike ‘‘and’’ at the end of clause (ii), strike the period at the end of subparagraph (B) and inserting ‘‘; and’’ and adding a new subparagraph (C).
Upon such date, subparagraph (C) (as added) will read as follows:¿ (C) if an individual is pursuing provisional inde- pendent student status due to an unusual circumstance, as described in section 479A and provided for in section 479D, require such individual to provide an affirmative approval under subparagraph (B), but not require a parent of such individual to provide an affirmative approval under sub- paragraph (B).
(2) INCOME-CONTINGENT AND INCOME-BASED REPAYMENT.— (A) NEW APPLICANTS.—In the case of any written or electronic application by an individual for an income-con- tingent or income-based repayment plan for a loan under part D, the Secretary, with respect to such individual and any spouse of such individual, shall— (i) provide to such individuals the notification de- scribed in paragraph (1)(A)(i); (ii) require, as a condition of eligibility for such re- payment plan, that such individuals— (I) affirmatively approve the disclosures de- scribed in subclauses (I) and (II) of paragraph (1)(A)(i), to the extent applicable, and agree that such approval shall serve as an ongoing approval of such disclosures until the date on which the in- dividual elects to opt out of such disclosures under section 455(e)(8) or the equivalent procedures es- tablished under section 493C(c)(2)(B), as applica- ble; or (II) provide such information as the Secretary may require to confirm the eligibility of such indi- vidual for such repayment plan.
(B) RECERTIFICATIONS.—With respect to the first writ- ten or electronic recertification (after the date of the enact- ment of the FUTURE Act) of an individual’s income or family size for purposes of an income-contingent or income- based repayment plan (entered into before the date of the enactment of the FUTURE Act) for a loan under part D, the Secretary, with respect to such individual and any spouse of such individual, shall meet the requirements of clauses (i) and (ii) of subparagraph (A) with respect to such recertification.
(3) TOTAL AND PERMANENT DISABILITY.—In the case of any written or electronic application by an individual for a dis- charge of a loan under this title based on total and permanent disability (within the meaning of section 437(a)) that requires income monitoring, the Secretary shall— (A) provide to such individual the notification de- scribed in paragraph (1)(A)(i)(I); and September 8, 2023 As Amended Through P.L.
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494 HIGHER EDUCATION ACT OF 1965 738 (B) require, as a condition of eligibility for such dis- charge, that such individual— (i) affirmatively approve the disclosure described in paragraph (1)(A)(i)(I) and agree that such approval shall serve as an ongoing approval of such disclosure until the earlier of— (I) the date on which the individual elects to section such disclosure under opt out of 437(a)(3)(A); or (II) the first day on which such loan may no longer be reinstated; or (ii) provide such information as the Secretary may require to confirm the eligibility of such individual for such discharge.
(b) LIMIT ON AUTHORITY.—The Secretary shall only have au- thority to request that the Secretary of the Treasury disclose re- turn information under section 6103(l)(13) of the Internal Revenue Code of 1986 with respect to an individual if the Secretary of Edu- cation has obtained approval under subsection (a) for such disclo- sure.
(c) ACCESS TO FAFSA INFORMATION.— (1) REDISCLOSURE OF INFORMATION.—The information in a complete, unredacted Student Aid Report (including any return information disclosed under section 6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(13))) with respect to an application described in subsection (a)(1) of an applicant for Federal student financial aid— (A) upon request for such information by such appli- cant, shall be provided to such applicant by— (i) the Secretary; or (ii) in a case in which the Secretary has requested that institutions of higher education carry out the re- quirements of this subparagraph, an institution of higher education that has received such information; and (B) with the written consent by the applicant to an in- stitution of higher education, may be provided by such in- stitution of higher education as is necessary to a scholar- ship granting organization (including a tribal organization (defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304))), or to an orga- nization assisting the applicant in applying for and receiv- ing Federal, State, local, or tribal assistance, that is des- ignated by the applicant to assist the applicant in applying for and receiving financial assistance for any component of the applicant’s cost of attendance (defined in section 472) at that institution.
(2) DISCUSSION OF INFORMATION.—A discussion of the in- formation in an application described in subsection (a)(1) (in- cluding any return information disclosed under section 6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.

6103(l)(13)) of an applicant between an institution of higher education and the applicant may, with the written consent of September 8, 2023 As Amended Through P.L.
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495 the applicant, include an individual selected by the applicant (such as an advisor) to participate in such discussion.
(3) RESTRICTION ON DISCLOSING INFORMATION.—A person receiving information under paragraph (1)(B) or (2) with re- spect to an applicant shall not use the information for any pur- pose other than the express purpose for which consent was granted by the applicant and shall not disclose such informa- tion to any other person without the express permission of, or request by, the applicant.
(4) DEFINITIONS.—In this subsection: (A) STUDENT AID REPORT.—The term ‘‘Student Aid Re- port’’ has the meaning given the term in section 668.2 of title 34, Code of Federal Regulations (or successor regula- tions).
(B) WRITTEN CONSENT.—The term ‘‘written consent’’ means a separate, written document that is signed and dated (which may include by electronic format) by an ap- plicant, which— (i) indicates that the information being disclosed includes return information disclosed under section 6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(13)) with respect to the applicant; (ii) states the purpose for which the information is being disclosed; and (iii) states that the information may only be used for the specific purpose and no other purposes.
(5) RECORD KEEPING REQUIREMENT.—An institution of higher education shall— (A) keep a record of each written consent made under this subsection for a period of at least 3 years from the date of the student’s last date of attendance at the institu- tion; and (B) make each such record readily available for review by the Secretary.

PART H—PROGRAM INTEGRITY Subpart 1—State Role SEC.

495. ø20 U.S.C.

1099a¿ STATE RESPONSIBILITIES.
(a) STATE RESPONSIBILITIES.—As part of the integrity program authorized by this part, each State, through one State agency or several State agencies selected by the State, shall— (1) furnish the Secretary, upon request, information with respect to the process for licensing or other authorization for institutions of higher education to operate within the State; (2) notify the Secretary promptly whenever the State re- vokes a license or other authority to operate an institution of higher education; and (3) notify the Secretary promptly whenever the State has credible evidence that an institution of higher education within the State— September 8, 2023 As Amended Through P.L.
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496 HIGHER EDUCATION ACT OF 1965 740 (A) has committed fraud in the administration of the student assistance programs authorized by this title; or (B) has substantially violated a provision of this title.
(b) INSTITUTIONAL RESPONSIBILITY.—Each institution of higher education shall provide evidence to the Secretary that the institu- tion has authority to operate within a State at the time the institu- tion is certified under subpart 3.

Subpart 2—Accrediting Agency Recognition SEC.

496. ø20 U.S.C.

1099b¿ RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
(a) CRITERIA REQUIRED.—No accrediting agency or association may be determined by the Secretary to be a reliable authority as to the quality of education or training offered for the purposes of this Act or for other Federal purposes, unless the agency or asso- ciation meets criteria established by the Secretary pursuant to this section.

The Secretary shall, after notice and opportunity for a hearing, establish criteria for such determinations.
Such criteria shall include an appropriate measure or measures of student achievement.
Such criteria shall require that— (1) the accrediting agency or association shall be a State, regional, or national agency or association and shall dem- onstrate the ability and the experience to operate as an accred- iting agency or association within the State, region, or nation- ally, as appropriate; (2) such agency or association— (A)(i) for the purpose of participation in programs under this Act, has a voluntary membership of institutions of higher education and has as a principal purpose the ac- crediting of institutions of higher education; or (ii) for the purpose of participation in other programs administered by the Department of Education or other Federal agencies, has a voluntary membership and has as its principal purpose the accrediting of institutions of high- er education or programs; (B) is a State agency approved by the Secretary for the purpose described in subparagraph (A); or (C) is an agency or association that, for the purpose of determining eligibility for student assistance under this title, conducts accreditation through (i) a voluntary mem- bership organization of individuals participating in a pro- fession, or (ii) an agency or association which has as its principal purpose the accreditation of programs within in- stitutions, which institutions are accredited by another agency or association recognized by the Secretary; (3) if such agency or association is an agency or association described in— (A) subparagraph (A)(i) of paragraph (2), then such agency or association is separate and independent, both administratively and financially of any related, associated, or affiliated trade association or membership organization; September 8, 2023 As Amended Through P.L.
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496 (B) subparagraph (B) of paragraph (2), then such agency or association has been recognized by the Secretary on or before October 1, 1991; or (C) subparagraph (C) of paragraph (2) and such agen- cy or association has been recognized by the Secretary on or before October 1, 1991, then the Secretary may waive the requirement that such agency or association is sepa- rate and independent, both administratively and finan- cially of any related, associated, or affiliated trade associa- tion or membership organization upon a demonstration that the existing relationship has not served to com- promise the independence of its accreditation process; (4)(A) such agency or association consistently applies and enforces standards that respect the stated mission of the insti- tution of higher education, including religious missions, and that ensure that the courses or programs of instruction, train- ing, or study offered by the institution of higher education, in- cluding distance education or correspondence courses or pro- grams, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered; and (B) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education or cor- respondence education, such agency or association shall, in ad- dition to meeting the other requirements of this subpart, dem- onstrate to the Secretary that— (i) the agency or association’s standards effectively ad- dress the quality of an institution’s distance education or correspondence education in the areas identified in para- graph (5), except that— (I) the agency or association shall not be required to have separate standards, procedures, or policies for the evaluation of distance education or correspondence education institutions or programs in order to meet the requirements of this subparagraph; and (II) in the case that the agency or association is
 recognized by the Secretary, the agency or association shall not be required to obtain the approval of the Sec- retary to expand its scope of accreditation to include distance education or correspondence education, pro- vided that the agency or association notifies the Sec- retary in writing of the change in scope; and (ii) the agency or association requires an institution that offers distance education or correspondence education to have processes through which the institution establishes that the student who registers in a distance education or correspondence education course or program is the same student who participates in and completes the program and receives the academic credit; (5) the standards for accreditation of the agency or associa- tion assess the institution’s— (A) success with respect to student achievement in re- lation to the institution’s mission, which may include dif- September 8, 2023 As Amended Through P.L.
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496 HIGHER EDUCATION ACT OF 1965 742 ferent standards for different institutions or programs, as established by the institution, including, as appropriate, consideration of State licensing examinations, consider- ation of course completion, and job placement rates; (B) curricula; (C) faculty; (D) facilities, equipment, and supplies; (E) fiscal and administrative capacity as appropriate to the specified scale of operations; (F) student support services; (G) recruiting and admissions practices, academic cal- endars, catalogs, publications, grading and advertising; (H) measures of program length and the objectives of the degrees or credentials offered; (I) record of student complaints received by, or avail- able to, the agency or association; and (J) record of compliance with its program responsibil- ities under title IV of this Act based on the most recent student loan default rate data provided by the Secretary, the results of financial or compliance audits, program re- views, and any such other information as the Secretary may provide to the agency or association; except that subparagraphs (A), (H), and (J) shall not apply to agencies or associations described in paragraph (2)(A)(ii) of this subsection; (6) such an agency or association shall establish and apply review procedures throughout the accrediting process, includ- ing evaluation and withdrawal proceedings, which comply with due process procedures that provide— (A) for adequate written specification of— (i) requirements, including clear standards for an institution of higher education or program to be ac- credited; and (ii) identified deficiencies at the institution or pro- gram examined; (B) for sufficient opportunity for a written response, by an institution or program, regarding any deficiencies iden- tified by the agency or association to be considered by the agency or association— (i) within a timeframe determined by the agency or association; and (ii) prior to final action in the evaluation and withdrawal proceedings; (C) upon the written request of an institution or pro- gram, for an opportunity for the institution or program to appeal any adverse action under this section, including de- nial, withdrawal, suspension, or termination of accredita- tion, taken against the institution or program, prior to such action becoming final at a hearing before an appeals panel that— (i) shall not include current members of the agen- cy’s or association’s underlying decisionmaking body that made the adverse decision; and (ii) is subject to a conflict of interest policy; September 8, 2023 As Amended Through P.L.
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496 (D) for the right to representation and participation by counsel for an institution or program during an appeal of the adverse action; (E) for a process, in accordance with written proce- dures developed by the agency or association, through which an institution or program, before a final adverse ac- tion based solely upon a failure to meet a standard or cri- terion pertaining to finances, may on one occasion seek re- view of significant financial information that was unavail- able to the institution or program prior to the determina- tion of the adverse action, and that bears materially on the financial deficiencies identified by the agency or associa- tion; (F) in the case that the agency or association deter- mines 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 associa- tion of the new financial information prior to the adverse action described in such subparagraph becoming final; and (G) that any determination by the agency or associa- tion made with respect to the new financial information described in subparagraph (E) shall not be separately ap- pealable by the institution or program; (7) such agency or association shall notify the Secretary and the appropriate State licensing or authorizing agency within 30 days of the accreditation of an institution or any final denial, withdrawal, suspension, or termination of accredi- tation or placement on probation of an institution, together with any other adverse action taken with respect to an institu- tion; and (8) such agency or association shall make available to the public, upon request, and to the Secretary, and the State li- censing or authorizing agency a summary of any review result- ing in a final accrediting decision involving denial, termination, or suspension of accreditation, together with the comments of the affected institution.
(b) SEPARATE AND INDEPENDENT DEFINED.—For the purpose of subsection (a)(3), the term ‘‘separate and independent’’ means that— (1) the members of the postsecondary education governing body of the accrediting agency or association are not elected or selected by the board or chief executive officer of any related, associated, or affiliated trade association or membership orga- nization; (2) among the membership of the board of the accrediting agency or association there shall be one public member (who is not a member of any related trade or membership organiza- tion) for each six members of the board, with a minimum of one such public member, and guidelines are established for such members to avoid conflicts of interest; (3) dues to the accrediting agency or association are paid separately from any dues paid to any related, associated, or af- filiated trade association or membership organization; and September 8, 2023 As Amended Through P.L.
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496 HIGHER EDUCATION ACT OF 1965 744 (4) the budget of the accrediting agency or association is developed and determined by the accrediting agency or associa- tion without review or resort to consultation with any other en- tity or organization.
(c) OPERATING PROCEDURES REQUIRED.—No accrediting agency or association may be recognized by the Secretary as a reliable au- thority as to the quality of education or training offered by an insti- tution seeking to participate in the programs authorized under this title, unless the agency or association— (1) performs, at regularly established intervals, on-site in- spections and reviews of institutions of higher education (which may include unannounced site visits) with particular focus on educational quality and program effectiveness, and en- sures that accreditation team members are well-trained and knowledgeable with respect to their responsibilities, including those regarding distance education; (2) monitors the growth of programs at institutions that are experiencing significant enrollment growth; (3) requires an institution to submit for approval to the ac- crediting agency a teach-out plan upon the occurrence of any of the following events: (A) the Department notifies the accrediting agency of an action against the institution pursuant to section 487(f); (B) the accrediting agency acts to withdraw, termi- nate, or suspend the accreditation of the institution; or (C) the institution notifies the accrediting agency that the institution intends to cease operations; (4) requires that any institution of higher education sub- ject to its jurisdiction which plans to establish a branch cam- pus submit a business plan, including projected revenues and expenditures, prior to opening the branch campus; (5) agrees to conduct, as soon as practicable, but within a period of not more than 6 months of the establishment of a new branch campus or a change of ownership of an institution of higher education, an on-site visit of that branch campus or of the institution after a change of ownership; (6) requires that teach-out agreements among institutions are subject to approval by the accrediting agency or association consistent with standards promulgated by such agency or asso- ciation; (7) makes available to the public and the State licensing or authorizing agency, and submits to the Secretary, a sum- mary of agency or association actions, including— (A) the award of accreditation or reaccreditation of an institution; (B) final denial, withdrawal, suspension, or termi- nation of accreditation of an institution, and any findings made in connection with the action taken, together with the official comments of the affected institution; and (C) any other adverse action taken with respect to an institution or placement on probation of an institution; (8) discloses publicly whenever an institution of higher education subject to its jurisdiction is being considered for ac- creditation or reaccreditation; and September 8, 2023 As Amended Through P.L.
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496 (9) confirms, as a part of the agency’s or association’s re- view for accreditation or reaccreditation, that the institution has transfer of credit policies— (A) that are publicly disclosed; and (B) that include a statement of the criteria established by the institution regarding the transfer of credit earned at another institution of higher education.
(d) LENGTH OF RECOGNITION.—No accrediting agency or asso- ciation may be recognized by the Secretary for the purpose of this Act for a period of more than 5 years.

(e) INITIAL ARBITRATION RULE.—The Secretary may not recog- nize the accreditation of any institution of higher education unless the institution of higher education agrees to submit any dispute in- volving the final denial, withdrawal, or termination of accreditation to initial arbitration prior to any other legal action.
(f) JURISDICTION.—Notwithstanding any other provision of law, any civil action brought by an institution of higher education seek- ing accreditation from, or accredited by, an accrediting agency or association recognized by the Secretary for the purpose of this title and involving the denial, withdrawal, or termination of accredita- tion of the institution of higher education, shall be brought in the appropriate United States district court.
(g) LIMITATION ON SCOPE OF CRITERIA.—Nothing in this Act shall be construed to permit the Secretary to establish criteria for accrediting agencies or associations that are not required by this section.

Nothing in this Act shall be construed to prohibit or limit any accrediting agency or association from adopting additional standards not provided for in this section.
Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.
(h) CHANGE OF ACCREDITING AGENCY.—The Secretary shall not recognize the accreditation of any otherwise eligible institution of higher education if the institution of higher education is in the process of changing its accrediting agency or association, unless the eligible institution submits to the Secretary all materials relating to the prior accreditation, including materials demonstrating rea- sonable cause for changing the accrediting agency or association.
(i) DUAL ACCREDITATION RULE.—The Secretary shall not recog- nize the accreditation of any otherwise eligible institution of higher education if the institution of higher education is accredited, as an institution, by more than one accrediting agency or association, un- less the institution submits to each such agency and association and to the Secretary the reasons for accreditation by more than one such agency or association and demonstrates to the Secretary rea- sonable cause for its accreditation by more than one agency or as- sociation.
If the institution is accredited, as an institution, by more than one accrediting agency or association, the institution shall designate which agency’s accreditation shall be utilized in deter- mining the institution’s eligibility for programs under this Act.

(j) IMPACT OF LOSS OF ACCREDITATION.—An institution may not be certified or recertified as an institution of higher education September 8, 2023 As Amended Through P.L.
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496 HIGHER EDUCATION ACT OF 1965 746 under section 102 and subpart 3 of this part or participate in any of the other programs authorized by this Act if such institution— (1) is not currently accredited by any agency or association recognized by the Secretary; (2) has had its accreditation withdrawn, revoked, or other- wise terminated for cause during the preceding 24 months, un- less such withdrawal, revocation, or termination has been re- scinded by the same accrediting agency; or (3) has withdrawn from accreditation voluntarily under a show cause or suspension order during the preceding 24 months, unless such order has been rescinded by the same ac- crediting agency.
(k) RELIGIOUS INSTITUTION RULE.—Notwithstanding subsection (j), the Secretary shall allow an institution that has had its accredi- tation withdrawn, revoked, or otherwise terminated, or has volun- tarily withdrawn from an accreditation agency, to remain certified as an institution of higher education under section 102 and subpart 3 of this part for a period sufficient to allow such institution to ob- tain alternative accreditation, if the Secretary determines that the reason for the withdrawal, revocation, or termination— (1) is related to the religious mission or affiliation of the institution; and (2) is not related to the accreditation criteria provided for in this section.
(l) LIMITATION, SUSPENSION, OR TERMINATION OF RECOGNI- TION.—(1) If the Secretary determines that an accrediting agency or association has failed to apply effectively the criteria in this sec- tion, or is otherwise not in compliance with the requirements of this section, the Secretary shall— (A) after notice and opportunity for a hearing, limit, sus- pend, or terminate the recognition of the agency or association; or (B) require the agency or association to take appropriate action to bring the agency or association into compliance with such requirements within a timeframe specified by the Sec- retary, except that— (i) such timeframe shall not exceed 12 months unless the Secretary extends such period for good cause; and (ii) if the agency or association fails to bring the agen- cy or association into compliance within such timeframe, the Secretary shall, after notice and opportunity for a hearing, limit, suspend, or terminate the recognition of the agency or association.
(2) The Secretary may determine that an accrediting agency or association has failed to apply effectively the standards provided in this section if an institution of higher education seeks and receives accreditation from the accrediting agency or association during any period in which the institution is the subject of any interim action by another accrediting agency or association, described in para- graph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this section, leading to the suspension, revocation, or termination of accredita- tion or the institution has been notified of the threatened loss of accreditation, and the due process procedures required by such sus- September 8, 2023 As Amended Through P.L.
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496 pension, revocation, termination, or threatened loss have not been completed.
(m) LIMITATION ON THE SECRETARY’S AUTHORITY.—The Sec- retary may only recognize accrediting agencies or associations which accredit institutions of higher education for the purpose of enabling such institutions to establish eligibility to participate in the programs under this Act or which accredit institutions of high- er education or higher education programs for the purpose of ena- bling them to establish eligibility to participate in other programs administered by the Department of Education or other Federal agencies.
(n) INDEPENDENT EVALUATION.—(1) The Secretary shall con- duct a comprehensive review and evaluation of the performance of all accrediting agencies or associations which seek recognition by the Secretary in order to determine whether such accrediting agen- cies or associations meet the criteria established by this section.

The Secretary shall conduct an independent evaluation of the infor- mation provided by such agency or association.
Such evaluation shall include— (A) the solicitation of third-party information concerning the performance of the accrediting agency or association; and (B) site visits, including unannounced site visits as appro- priate, at accrediting agencies and associations, and, at the Secretary’s discretion, at representative member institutions.
(2) The Secretary shall place a priority for review of accrediting agencies or associations on those agencies or associations that ac- credit institutions of higher education that participate most exten- sively in the programs authorized by this title and on those agen- cies or associations which have been the subject of the most com- plaints or legal actions.
(3) The Secretary shall consider all available relevant informa- tion concerning the compliance of the accrediting agency or associa- tion with the criteria provided for in this section, including any complaints or legal actions against such agency or association.

In cases where deficiencies in the performance of an accreditation agency or association with respect to the requirements of this sec- tion are noted, the Secretary shall take these deficiencies into ac- count in the recognition process.
The Secretary shall not, under any circumstances, base decisions on the recognition or denial of recognition of accreditation agencies or associations on criteria other than those contained in this section.

When the Secretary de- cides to recognize an accrediting agency or association, the Sec- retary shall determine the agency or association’s scope of recogni- tion.
If the agency or association reviews institutions offering dis- tance education courses or programs and the Secretary determines that the agency or association meets the requirements of this sec- tion, then the agency shall be recognized and the scope of recogni- tion shall include accreditation of institutions offering distance edu- cation courses or programs.
(4) The Secretary shall maintain sufficient documentation to support the conclusions reached in the recognition process, and, if the Secretary does not recognize any accreditation agency or asso- ciation, shall make publicly available the reason for denying rec- September 8, 2023 As Amended Through P.L.

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498 HIGHER EDUCATION ACT OF 1965 748 ognition, including reference to the specific criteria under this sec- tion which have not been fulfilled.

(o) REGULATIONS.—The Secretary shall by regulation provide procedures for the recognition of accrediting agencies or associa- tions and for the appeal of the Secretary’s decisions.
Notwith- standing any other provision of law, the Secretary shall not pro- mulgate any regulation with respect to the standards of an accredi- tation agency or association described in subsection (a)(5).
(p) RULE OF CONSTRUCTION.—Nothing in subsection (a)(5) shall be construed to restrict the ability of— (1) an accrediting agency or association to set, with the in- volvement of its members, and to apply, accreditation stand- ards for or to institutions or programs that seek review by the agency or association; or (2) an institution to develop and use institutional stand- ards to show its success with respect to student achievement, which achievement may be considered as part of any accredita- tion review.
(q) REVIEW OF SCOPE CHANGES.—The Secretary shall require a review, at the next available meeting of the National Advisory Committee on Institutional Quality and Integrity, of any change in scope undertaken by an agency or association under subsection (a)(4)(B)(i)(II) if the enrollment of an institution that offers distance education or correspondence education that is accredited by such agency or association increases by 50 percent or more within any one institutional fiscal year.
Subpart 3—Eligibility and Certification Procedures SEC.

498. ø20 U.S.C.

1099c¿ ELIGIBILITY AND CERTIFICATION PROCE- DURES.


(a) GENERAL REQUIREMENT.—For purposes of qualifying insti- tutions of higher education for participation in programs under this title, the Secretary shall determine the legal authority to operate within a State, the accreditation status, and the administrative ca- pability and financial responsibility of an institution of higher edu- cation in accordance with the requirements of this section.
(b) SINGLE APPLICATION FORM.—The Secretary shall prepare and prescribe a single application form which— (1) requires sufficient information and documentation to determine that the requirements of eligibility, accreditation, fi- nancial responsibility, and administrative capability of the in- stitution of higher education are met; (2) requires a specific description of the relationship be- tween a main campus of an institution of higher education and all of its branches, including a description of the student aid processing that is performed by the main campus and that which is performed at its branches; (3) requires— (A) a description of the third party servicers of an in- stitution of higher education; and (B) the institution to maintain a copy of any contract with a financial aid service provider or loan servicer, and September 8, 2023 As Amended Through P.L.
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498 provide a copy of any such contract to the Secretary upon request; (4) requires such other information as the Secretary deter- mines will ensure compliance with the requirements of this title with respect to eligibility, accreditation, administrative ca- pability and financial responsibility; and (5) provides, at the option of the institution, for participa- tion in one or more of the programs under part B or D. (c) FINANCIAL RESPONSIBILITY STANDARDS.—(1) The Secretary shall determine whether an institution has the financial responsi- bility required by this title on the basis of whether the institution is able— (A) to provide the services described in its official publica- tions and statements; (B) to provide the administrative resources necessary to comply with the requirements of this title; and (C) to meet all of its financial obligations, including (but not limited to) refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary.
(2) Notwithstanding paragraph (1), if an institution fails to meet criteria prescribed by the Secretary regarding ratios that demonstrate financial responsibility, then the institution shall pro- vide the Secretary with satisfactory evidence of its financial respon- sibility in accordance with paragraph (3).
Such criteria shall take into account any differences in generally accepted accounting prin- ciples, and the financial statements required thereunder, that are applicable to for-profit, public, and nonprofit institutions.

The Sec- retary shall take into account an institution’s total financial cir- cumstances in making a determination of its ability to meet the standards herein required.
(3) The Secretary shall determine an institution to be finan- cially responsible, notwithstanding the institution’s failure to meet the criteria under paragraphs (1) and (2), if— (A) such institution submits to the Secretary third-party fi- nancial guarantees that the Secretary determines are reason- able, such as performance bonds or letters of credit payable to the Secretary, which third-party financial guarantees shall equal not less than one-half of the annual potential liabilities of such institution to the Secretary for funds under this title, including loan obligations discharged pursuant to section 437, and to students for refunds of institutional charges, including funds under this title; (B) such institution has its liabilities backed by the full faith and credit of a State, or its equivalent; (C) such institution establishes to the satisfaction of the Secretary, with the support of a financial statement audited by an independent certified public accountant in accordance with generally accepted auditing standards, that the institution has sufficient resources to ensure against the precipitous closure of the institution, including the ability to meet all of its financial obligations (including refunds of institutional charges and re- payments to the Secretary for liabilities and debts incurred in programs administered by the Secretary); or September 8, 2023 As Amended Through P.L.
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498 HIGHER EDUCATION ACT OF 1965 750 (D) such institution has met standards of financial respon- sibility, prescribed by the Secretary by regulation, that indicate a level of financial strength not less than those required in paragraph (2).
(4) If an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree fails to meet the criteria im- posed by the Secretary pursuant to paragraph (2), the Secretary shall waive that particular requirement for that institution if the institution demonstrates to the satisfaction of the Secretary that— (A) there is no reasonable doubt as to its continued sol- vency and ability to deliver quality educational services; (B) it is current in its payment of all current liabilities, in- cluding student refunds, repayments to the Secretary, payroll, and payment of trade creditors and withholding taxes; and (C) it has substantial equity in school-occupied facilities, the acquisition of which was the direct cause of its failure to meet the criteria.
(5) The determination as to whether an institution has met the standards of financial responsibility provided for in paragraphs (2) and (3)(C) shall be based on an audited and certified financial statement of the institution.

Such audit shall be conducted by a qualified independent organization or person in accordance with standards established by the American Institute of Certified Public Accountants.
Such statement shall be submitted to the Secretary at the time such institution is considered for certification or recertifi- cation under this section.

If the institution is permitted to be cer- tified (provisionally or otherwise) and such audit does not establish compliance with paragraph (2), the Secretary may require that ad- ditional audits be submitted.
(6)(A) The Secretary shall establish requirements for the main- tenance by an institution of higher education of sufficient cash re- serves to ensure repayment of any required refunds.
(B) The Secretary shall provide for a process under which the Secretary shall exempt an institution of higher education from the requirements described in subparagraph (A) if the Secretary deter- mines that the institution— (i) is located in a State that has a tuition recovery fund that ensures that the institution meets the requirements of subparagraph (A); (ii) contributes to the fund; and (iii) otherwise has legal authority to operate within the State.
(d) ADMINISTRATIVE CAPACITY STANDARD.—The Secretary is authorized— (1) to establish procedures and requirements relating to the administrative capacities of institutions of higher edu- cation, including— (A) consideration of past performance of institutions or persons in control of such institutions with respect to stu- dent aid programs; and (B) maintenance of records; and (2) to establish such other reasonable procedures as the Secretary determines will contribute to ensuring that the insti- September 8, 2023 As Amended Through P.L.
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498 tution of higher education will comply with administrative ca- pability required by this title.
(e) FINANCIAL GUARANTEES FROM OWNERS.—(1) Notwith- standing any other provision of law, the Secretary may, to the ex- tent necessary to protect the financial interest of the United States, require— (A) financial guarantees from an institution participating, or seeking to participate, in a program under this title, or from one or more individuals who the Secretary determines, in ac- cordance with paragraph (2), exercise substantial control over such institution, or both, in an amount determined by the Sec- retary to be sufficient to satisfy the institution’s potential li- ability to the Federal Government, student assistance recipi- ents, and other program participants for funds under this title; and (B) the assumption of personal liability, by one or more in- dividuals who exercise substantial control over such institu- tion, as determined by the Secretary in accordance with para- graph (2), for financial losses to the Federal Government, stu- dent assistance recipients, and other program participants for funds under this title, and civil and criminal monetary pen- alties authorized under this title.
(2)(A) The Secretary may determine that an individual exer- cises substantial control over one or more institutions participating in a program under this title if the Secretary determines that— (i) the individual directly or indirectly controls a substan- tial ownership interest in the institution; (ii) the individual, either alone or together with other indi- viduals, represents, under a voting trust, power of attorney, proxy, or similar agreement, one or more persons who have, in- dividually or in combination with the other persons rep- resented or the individual representing them, a substantial ownership interest in the institution; or (iii) the individual is a member of the board of directors, the chief executive officer, or other executive officer of the in- stitution or of an entity that holds a substantial ownership in- terest in the institution.
(B) The Secretary may determine that an entity exercises sub- stantial control over one or more institutions participating in a pro- gram under this title if the Secretary determines that the entity di- rectly or indirectly holds a substantial ownership interest in the in- stitution.
(3) For purposes of this subsection, an ownership interest is de- fined as a share of the legal or beneficial ownership or control of, or a right to share in the proceeds of the operation of, an institu- tion or institution’s parent corporation.

An ownership interest may include, but is not limited to— (A) a sole proprietorship; (B) an interest as a tenant-in-common, joint tenant, or ten- ant by the entireties; (C) a partnership; or (D) an interest in a trust.

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498 HIGHER EDUCATION ACT OF 1965 752 (4) The Secretary shall not impose the requirements described in subparagraphs (A) and (B) of paragraph (1) on an institution that— (A) has not been subjected to a limitation, suspension, or termination action by the Secretary or a guaranty agency with- in the preceding 5 years; (B) has not had, during its 2 most recent audits of the in- stitutions conduct of programs under this title, an audit find- ing that resulted in the institution being required to repay an amount greater than 5 percent of the funds the institution re- ceived from programs under this title for any year; (C) meets and has met, for the preceding 5 years, the fi- nancial responsibility standards under subsection (c); and (D) has not been cited during the preceding 5 years for failure to submit audits required under this title in a timely fashion.
(5) For purposes of section 487(c)(1)(G), this section shall also apply to individuals or organizations that contract with an institu- tion to administer any aspect of an institution’s student assistance program under this title.
(6) Notwithstanding any other provision of law, any individual who— (A) the Secretary determines, in accordance with para- graph (2), exercises substantial control over an institution par- ticipating in, or seeking to participate in, a program under this title; (B) is required to pay, on behalf of a student or borrower, a refund of unearned institutional charges to a lender, or to the Secretary; and (C) willfully fails to pay such refund or willfully attempts in any manner to evade payment of such refund, shall, in addition to other penalties provided by law, be liable to the Secretary for the amount of the refund not paid, to the same extent with respect to such refund that such an individual would be liable as a responsible person for a penalty under section 6672(a) of Internal Revenue Code of 1986 with respect to the non- payment of taxes.
80 (f) ACTIONS ON APPLICATIONS AND SITE VISITS.—The Secretary shall ensure that prompt action is taken by the Department on any application required under subsection (b).

The personnel of the De- partment of Education may conduct a site visit at each institution before certifying or recertifying its eligibility for purposes of any program under this title.
The Secretary shall establish priorities by which institutions are to receive site visits, and shall, to the extent practicable, coordinate such visits with site visits by States, guar- anty agencies, and accrediting bodies in order to eliminate duplica- tion, and reduce administrative burden.
(g) TIME LIMITATIONS ON, AND RENEWAL OF, ELIGIBILITY.— (1) GENERAL RULE.—After the expiration of the certifi- cation of any institution under the schedule prescribed under 80 Section 493(c)(2) of the Higher Education Amendments of 1998 provided that the amend- ment adding paragraph (6) was effective with respect to any unpaid refunds that were first re- quired to be paid to a lender or to the Secretary on or after 90 days after the date of enactment of that Act.

September 8, 2023 As Amended Through P.L.


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498 this section (as this section was in effect prior to the enactment of the Higher Education Act Amendments of 1998), or upon re- quest for initial certification from an institution not previously certified, the Secretary may certify the eligibility for the pur- poses of any program authorized under this title of each such institution for a period not to exceed 6 years.
(2) NOTIFICATION.—The Secretary shall notify each institu- tion of higher education not later than 6 months prior to the date of the expiration of the institution’s certification.
(3) INSTITUTIONS OUTSIDE THE UNITED STATES.—The Secretary shall promulgate regulations regarding the recertifi- cation requirements applicable to an institution of higher edu- cation outside of the United States that meets the require- ments of section 102(a)(1)(C) and received less than $500,000 in funds under part B for the most recent year for which data are available.
(h) PROVISIONAL CERTIFICATION OF INSTITUTIONAL ELIGI- BILITY.—(1) Notwithstanding subsections (d) and (g), the Secretary may provisionally certify an institution’s eligibility to participate in programs under this title— (A) for not more than one complete award year in the case of an institution of higher education seeking an initial certifi- cation; and (B) for not more than 3 complete award years if— (i) the institution’s administrative capability and fi- nancial responsibility is being determined for the first time; (ii) there is a complete or partial change of ownership, as defined under subsection (i), of an eligible institution; or (iii) the Secretary determines that an institution that seeks to renew its certification is, in the judgment of the Secretary, in an administrative or financial condition that may jeopardize its ability to perform its financial respon- sibilities under a program participation agreement.
(2) Whenever the Secretary withdraws the recognition of any accrediting agency, an institution of higher education which meets the requirements of accreditation, eligibility, and certification on the day prior to such withdrawal, the Secretary may, notwith- standing the withdrawal, continue the eligibility of the institution of higher education to participate in the programs authorized by this title for a period not to exceed 18 months from the date of the withdrawal of recognition.
(3) If, prior to the end of a period of provisional certification under this subsection, the Secretary determines that the institution is unable to meet its responsibilities under its program participa- tion agreement, the Secretary may terminate the institution’s par- ticipation in programs under this title.
(i) TREATMENT OF CHANGES OF OWNERSHIP.—(1) An eligible in- stitution of higher education that has had a change in ownership resulting in a change of control shall not qualify to participate in programs under this title after the change in control (except as pro- vided in paragraph (3)) unless it establishes that it meets the re- quirements of section 102 (other than the requirements in sub- September 8, 2023 As Amended Through P.L.
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498 HIGHER EDUCATION ACT OF 1965 754 sections (b)(5) and (c)(3)) and this section after such change in con- trol.
(2) An action resulting in a change in control may include (but is not limited to)— (A) the sale of the institution or the majority of its assets; (B) the transfer of the controlling interest of stock of the institution or its parent corporation; (C) the merger of two or more eligible institutions; (D) the division of one or more institutions into two or more institutions; (E) the transfer of the controlling interest of stock of the institutions to its parent corporation; or (F) the transfer of the liabilities of the institution to its parent corporation.
(3) An action that may be treated as not resulting in a change in control includes (but is not limited to)— (A) the sale or transfer, upon the death of an owner of an institution, of the ownership interest of the deceased in that in- stitution to a family member or to a person holding an owner- ship interest in that institution; or (B) another action determined by the Secretary to be a routine business practice.
(4)(A) The Secretary may provisionally certify an institution seeking approval of a change in ownership based on the prelimi- nary review by the Secretary of a materially complete application that is received by the Secretary within 10 business days of the transaction for which the approval is sought.
(B) A provisional certification under this paragraph shall ex- pire not later than the end of the month following the month in which the transaction occurred, except that if the Secretary has not issued a decision on the application for the change of ownership within that period, the Secretary may continue such provisional certification on a month-to-month basis until such decision has been issued.
(j) TREATMENT OF BRANCHES.—(1) A branch of an eligible insti- tution of higher education, as defined pursuant to regulations of the Secretary, shall be certified under this subpart before it may participate as part of such institution in a program under this title, except that such branch shall not be required to meet the require- ments of sections 102(b)(1)(E) and 102(c)(1)(C) prior to seeking such certification.
Such branch is required to be in existence at least 2 years after the branch is certified by the Secretary as a branch campus participating in a program under this title, prior to seeking certification as a main campus or free-standing institution.

(2) The Secretary may waive the requirement of section 101(a)(2) for a branch that (A) is not located in a State, (B) is affili- ated with an eligible institution, and (C) was participating in one or more programs under this title on or before January 1, 1992.
(k) TREATMENT OF TEACH-OUTS AT ADDITIONAL LOCATIONS.— (1) IN GENERAL.—A location of a closed institution of high- er education shall be eligible as an additional location of an eli- gible institution of higher education, as defined pursuant to regulations of the Secretary, for the purposes of a teach-out de- September 8, 2023 As Amended Through P.L.
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498A scribed in section 487(f), if such teach-out has been approved by the institution’s accrediting agency.
(2) SPECIAL RULE.—An institution of higher education that conducts a teach-out through the establishment of an addi- tional location described in paragraph (1) shall be permitted to establish a permanent additional location at a closed institu- tion and shall not be required— (A) to meet the requirements of sections 102(b)(1)(E) and 102(c)(1)(C) for such additional location; or (B) to assume the liabilities of the closed institution.

SEC.

498A.

ø20 U.S.C.

1099c–1¿ PROGRAM REVIEW AND DATA.
(a) GENERAL AUTHORITY.—In order to strengthen the adminis- trative capability and financial responsibility provisions of this title, the Secretary— (1) shall provide for the conduct of program reviews on a systematic basis designed to include all institutions of higher education participating in programs authorized by this title; (2) shall give priority for program review to institutions of higher education that are— (A) institutions with a cohort default rate for loans under part B of this title in excess of 25 percent or which places such institutions in the highest 25 percent of such institutions; (B) institutions with a default rate in dollar volume for loans under part B of this title which places the institu- tions in the highest 25 percent of such institutions; (C) institutions with a significant fluctuation in Fed- eral Stafford Loan volume, Federal Direct Stafford/Ford Loan volume, or Federal Pell Grant award volume, or any combination thereof, in the year for which the determina- tion is made, compared to the year prior to such year, that are not accounted for by changes in the Federal Stafford Loan program, the Federal Direct Stafford/Ford Loan pro- gram, or the Pell Grant program, or any combination thereof; (D) institutions reported to have deficiencies or finan- cial aid problems by the State licensing or authorizing agency, or by the appropriate accrediting agency or asso- ciation; (E) institutions with high annual dropout rates; and (F) such other institutions that the Secretary deter- mines may pose a significant risk of failure to comply with the administrative capability or financial responsibility provisions of this title; and (3) shall establish and operate a central data base of infor- mation on institutional accreditation, eligibility, and certifi- cation that includes— (A) all relevant information available to the Depart- ment; (B) all relevant information made available by the Sec- retary of Veterans Affairs; (C) all relevant information from accrediting agencies or associations; September 8, 2023 As Amended Through P.L.
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498A HIGHER EDUCATION ACT OF 1965 756 (D) all relevant information available from a guaranty agency; and (E) all relevant information available from States under subpart 1.
(b) SPECIAL ADMINISTRATIVE RULES.—In carrying out para- graphs (1) and (2) of subsection (a) and any other relevant provi- sions of this title, the Secretary shall— (1) establish guidelines designed to ensure uniformity of practice in the conduct of program reviews of institutions of higher education; (2) make available to each institution participating in pro- grams authorized under this title complete copies of all review guidelines and procedures used in program reviews; (3) permit the institution to correct or cure an administra- tive, accounting, or recordkeeping error if the error is not part of a pattern of error and there is no evidence of fraud or mis- conduct related to the error; (4) base any civil penalty assessed against an institution of higher education resulting from a program review or audit on the gravity of the violation, failure, or misrepresentation; (5) inform the appropriate State and accrediting agency or association whenever the Secretary takes action against an in- stitution of higher education under this section, section 498, or section 432; (6) provide to an institution of higher education an ade- quate opportunity to review and respond to any program re- view report and relevant materials related to the report before any final program review report is issued; (7) review and take into consideration an institution of higher education’s response in any final program review report or audit determination, and include in the report or determina- tion— (A) a written statement addressing the institution of higher education’s response; (B) a written statement of the basis for such report or determination; and (C) a copy of the institution’s response; and (8) maintain and preserve at all times the confidentiality of any program review report until the requirements of para- graphs (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 dis- close any and all program review reports to the institution of higher education under review.
(c) DATA COLLECTION RULES.—The Secretary shall develop and carry out a plan for the data collection responsibilities described in paragraph (3) of subsection (a).

The Secretary shall make the infor- mation obtained under such paragraph (3) readily available to all institutions of higher education, guaranty agencies, States, and other organizations participating in the programs authorized by this title.
(d) TRAINING.—The Secretary shall provide training to per- sonnel of the Department, including criminal investigative training, September 8, 2023 As Amended Through P.L.

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499 designed to improve the quality of financial and compliance audits and program reviews conducted under this title.

(e) SPECIAL RULE.—The provisions of section 103(b) of the De- partment of Education Organization Act shall not apply to Secre- tarial determinations made regarding the appropriate length of in- struction for programs measured in clock hours.

SEC.

498B.

ø20 U.S.C.

1099c–2¿ REVIEW OF REGULATIONS.


(a) REVIEW REQUIRED.—The Secretary shall review each regu- lation issued under this title that is in effect at the time of the re- view and applies to the operations or activities of any participant in the programs assisted under this title.

The review shall include a determination of whether the regulation is duplicative, or is no longer necessary.
The review may involve one or more of the fol- lowing: (1) An assurance of the uniformity of interpretation and application of such regulations.

(2) The establishment of a process for ensuring that eligi- bility and compliance issues, such as institutional audit, pro- gram review, and recertification, are considered simulta- neously.
(3) A determination of the extent to which unnecessary costs are imposed on institutions of higher education as a con- sequence of the applicability to the facilities and equipment of such institutions of regulations prescribed for purposes of regu- lating industrial and commercial enterprises.
(b) REGULATORY AND STATUTORY RELIEF FOR SMALL VOLUME INSTITUTIONS.—The Secretary shall review and evaluate ways in which regulations under and provisions of this Act affecting institu- tion of higher education (other than institutions described in sec- tion 102(a)(1)(C)), that have received in each of the two most recent award years prior to the date of the enactment of the Higher Edu- cation Amendments of 1998 less than $200,000 in funds through this title, may be improved, streamlined, or eliminated.
(c) CONSULTATION.—In carrying out subsections (a) and (b), the Secretary shall consult with relevant representatives of institutions participating in the programs authorized by this title.

PART I—COMPETITIVE LOAN AUCTION PILOT PROGRAM SEC.

499. ø20 U.S.C.

1099d¿ COMPETITIVE LOAN AUCTION PILOT PRO- GRAM.


(a) DEFINITIONS.—In this section: (1) ELIGIBLE FEDERAL PLUS LOAN.—The term ‘‘eligible Fed- eral PLUS Loan’’ means a loan described in section 428B made to a parent of a dependent student who is a new borrower on or after July 1, 2009.

(2) ELIGIBLE LENDER.—The term ‘‘eligible lender’’ has the meaning given the term in section 435.
(b) PILOT PROGRAM.—The Secretary shall carry out a pilot pro- gram under which the Secretary establishes a mechanism for an auction of eligible Federal PLUS Loans in accordance with this September 8, 2023 As Amended Through P.L.

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499 HIGHER EDUCATION ACT OF 1965 758 subsection.


The pilot program shall meet the following require- ments: (1) PLANNING AND IMPLEMENTATION.—During the period beginning on the date of enactment of this section and ending on June 30, 2009, the Secretary shall plan and implement the pilot program under this subsection.
During the planning and implementation, the Secretary shall consult with other Federal agencies with knowledge of, and experience with, auction pro- grams, including the Federal Communication Commission and the Department of the Treasury.
(2) ORIGINATION AND DISBURSEMENT; APPLICABILITY OF SECTION 428B.—Beginning on July 1, 2009, the Secretary shall arrange for the origination and disbursement of all eligible Federal PLUS Loans in accordance with the provisions of this subsection and the provisions of section 428B that are not in- consistent with this subsection.
(3) LOAN ORIGINATION MECHANISM.—The Secretary shall establish a loan origination auction mechanism that meets the following requirements: (A) AUCTION FOR EACH STATE.—The Secretary admin- isters an auction under this paragraph for each State, under which eligible lenders compete to originate eligible Federal PLUS Loans under this paragraph at all institu- tions of higher education within such State.
(B) PREQUALIFICATION PROCESS.—The Secretary estab- lishes a prequalification process for eligible lenders desir- ing to participate in an auction under this paragraph that contains, at a minimum— (i) a set of borrower benefits and servicing require- ments each eligible lender shall meet in order to par- ticipate in such an auction; (ii) an assessment of each such eligible lender’s ca- pacity, including capital capacity, to participate effec- tively; and (iii) a commitment from such eligible lender that, if the lender has a winning bid under subparagraph (F), the lender will enter into the agreement required under subparagraph (G).
(C) TIMING AND ORIGINATION.—Each State auction takes place every 2 years, and the eligible lenders with the winning bids for the State are the only eligible lenders per- mitted to originate eligible Federal PLUS Loans made under this paragraph for the cohort of students at the in- stitutions of higher education within the State until the students graduate from or leave the institutions of higher education.
(D) BIDS.—Each eligible lender’s bid consists of the amount of the special allowance payment (after the appli- cation of section 438(b)(2)(I)(v)) the eligible lender proposes to accept from the Secretary with respect to the eligible Federal PLUS Loans made under this paragraph in lieu of the amount determined under section 438(b)(2)(I).

(E) MAXIMUM BID.—The maximum bid allowable under this paragraph shall not exceed the amount of the special September 8, 2023 As Amended Through P.L.
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499 allowance payable on eligible Federal PLUS Loans made under this paragraph computed under section 438(b)(2)(I) (other than clauses (ii), (iii), (iv), and (vi) of such section), except that for purposes of the computation under this subparagraph, section 438(b)(2)(I)(i)(III) shall be applied by substituting ‘‘1.79 percent’’ for ‘‘2.34 percent’’.
(F) WINNING BIDS.—The winning bids for each State auction shall be the 2 bids containing the lowest and the second lowest proposed special allowance payments, sub- ject to subparagraph (E).
(G) AGREEMENT WITH SECRETARY; COMPLIANCE.— (i) AGREEMENT.—Each eligible lender having a winning bid under subparagraph (F) shall enter into an agreement with the Secretary under which the eli- gible lender— (I) agrees to originate eligible Federal PLUS Loans under this paragraph to each borrower who— (aa) seeks an eligible Federal PLUS Loan under this paragraph to enable a dependent student to attend an institution of higher edu- cation within the State; (bb) is eligible for an eligible Federal PLUS Loan; and (cc) elects to borrow from the eligible of the (after application lender; and (II) agrees to accept a special allowance pay- section ment 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 sec- ond lowest winning bid described in subparagraph (F) for the applicable State auction.
(ii) COMPLIANCE.—If an eligible lender with a win- ning bid under subparagraph (F) fails to enter into the agreement required under clause (i), or fails to comply with the terms of such agreement, the Secretary may sanction such eligible lender through one or more of the following: (I) The assessment of a penalty on such eligi- ble lender for any eligible Federal PLUS Loans that such eligible lender fails to originate under this paragraph in accordance with the agreement required under clause (i), in the amount of the ad- ditional costs (including the amounts of any in- crease in special allowance payments) incurred by the Secretary in obtaining another eligible lender to originate such eligible Federal PLUS Loans.
The Secretary shall collect such penalty by— (aa) reducing the amount of any pay- ments otherwise due to such eligible lender from the Secretary by the amount of the pen- alty; or September 8, 2023 As Amended Through P.L.

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499 HIGHER EDUCATION ACT OF 1965 760 (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 sec- tion 3716 of title 31, United States Code.

(II) A prohibition of bidding by such lender in other auctions under this section.

(III) The limitation, suspension, or termi- nation of such eligible lender’s participation in the loan program under part B.
(IV) Any other enforcement action the Sec- retary is authorized to take under part B.

(H) SEALED BIDS; CONFIDENTIALITY.—All bids are sealed and the Secretary keeps the bids confidential, in- cluding following the announcement of the winning bids.
(I) ELIGIBLE LENDER OF LAST RESORT.— (i) IN GENERAL.—In the event that there is no win- ning bid under subparagraph (F), the students at the institutions of higher education within the State that was the subject of the auction shall be served by an eligible lender of last resort, as determined by the Sec- retary.
(ii) DETERMINATION OF ELIGIBLE LENDER OF LAST RESORT.—Prior to the start of any auction under this paragraph, eligible lenders that desire to serve as an eligible lender of last resort shall submit an applica- tion to the Secretary at such time and in such manner as the Secretary may determine.

Such application shall include an assurance that the eligible lender will meet the prequalification requirements described in subparagraph (B).
(iii) GEOGRAPHIC LOCATION.—The Secretary shall identify an eligible lender of last resort for each State.

(iv) NOTIFICATION TIMING.—The Secretary shall not identify any eligible lender of last resort until after the announcement of all the winning bids for a State auction for any year.
(v) MAXIMUM SPECIAL ALLOWANCE.—The Secretary is authorized to set a special allowance payment that shall be payable to a lender of last resort for a State under this subparagraph, which special allowance pay- ment shall be kept confidential, including following the announcement of winning bids.
The Secretary shall set such special allowance payment so that it in- curs the lowest possible cost to the Federal Govern- ment, taking into consideration the lowest bid that was submitted in an auction for such State and the lowest bid submitted in a similar State, as determined by the Secretary.
(J) GUARANTEE AGAINST LOSSES.—Each eligible Fed- eral 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 in- September 8, 2023 As Amended Through P.L.

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499 surance shall be in an amount equal to 99 percent of the unpaid principal and interest due on the loan.

(K) LOAN FEES.—The Secretary shall not collect a loan fee under section 438(d) with respect to an eligible Federal Plus Loan originated under this paragraph.

(L) CONSOLIDATION.— (i) IN GENERAL.—An eligible lender who is per- mitted to originate eligible Federal PLUS Loans for a borrower under this paragraph shall have the option to consolidate such loans into 1 loan.
(ii) NOTIFICATION.—In the event a borrower with eligible Federal PLUS Loans made under this para- graph wishes to consolidate the loans, the borrower shall notify the eligible lender who originated the loans under this paragraph.
(iii) LIMITATION ON ELIGIBLE LENDER OPTION TO CONSOLIDATE.—The option described in clause (i) shall not apply if— (I) the borrower includes in the notification in clause (ii) verification of consolidation terms and conditions offered by an eligible lender other than the eligible lender described in clause (i); and (II) not later than 10 days after receiving such notification from the borrower, the eligible lender described in clause (i) does not agree to match such terms and conditions, or provide more favor- able terms and conditions to such borrower than the offered terms and conditions described in sub- clause (I).
(iv) CONSOLIDATION OF ADDITIONAL LOANS.—If a borrower has a Federal Direct PLUS Loan or a loan made on behalf of a dependent student under section 428B and seeks to consolidate such loan with an eligi- ble Federal PLUS Loan made under this paragraph, then the eligible lender that originated the borrower’s loan under this paragraph may include in the consoli- dation under this subparagraph a Federal Direct PLUS Loan or a loan made on behalf of a dependent student under section 428B, but only if— (I) in the case of a Federal Direct PLUS Loan, the eligible lender agrees, not later than 10 days after the borrower requests such consolidation from the lender, to match the consolidation terms and conditions that would otherwise be available to the borrower if the borrower consolidated such loans in the loan program under part D; or (II) in the case of a loan made on behalf of a dependent student under section 428B, the eligi- ble lender agrees, not later than 10 days after the borrower requests such consolidation from the lender, to match the consolidation terms and con- ditions offered by an eligible lender other than the eligible lender that originated the borrower’s loans under this paragraph.
September 8, 2023 As Amended Through P.L.

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499 HIGHER EDUCATION ACT OF 1965 762 (v) SPECIAL ALLOWANCE ON CONSOLIDATION LOANS THAT INCLUDE LOANS MADE UNDER THIS PARAGRAPH.— The applicable special allowance payment for loans consolidated under this paragraph shall be equal to the lesser of— (I) the weighted average of the special allow- ance payment on such loans, except that in calcu- lating such weighted average the Secretary shall exclude any Federal Direct PLUS Loan included in the consolidation; or (II) the result of— (aa) the average of the bond equivalent rates of the quotes of the 3-month commercial paper (financial) rates in effect for each of the days in such quarter as reported by the Fed- eral Reserve in Publication H–15 (or its suc- cessor) for such 3-month period; plus (bb) 1.59 percent.
(vi) INTEREST PAYMENT REBATE FEE.—Any loan under section 428C consolidated under this paragraph shall not be subject to the interest payment rebate fee under section 428C(f).

(c) REQUIRED INITIAL EVALUATION.—The Secretary and Sec- retary of the Treasury shall jointly conduct an evaluation, in con- sultation with the Office of Management and Budget, the Congres- sional Budget Office, and the Comptroller General, of the pilot pro- gram carried out by the Secretary under this section.
The evalua- tion shall determine— (1) the extent of the savings to the Federal Government that are generated through the pilot program, compared to the cost the Federal Government would have incurred in operating the PLUS loan program under section 428B in the absence of the pilot program; (2) the number of lenders that participated in the pilot program, and the extent to which the pilot program generated competition among lenders to participate in the auctions under the pilot program; (3) the number and volume of loans made under the pilot program in each State; (4) the effect of the transition to and operation of the pilot program on the ability of— (A) lenders participating in the pilot program to origi- nate loans made through the pilot program smoothly and efficiently; (B) institutions of higher education participating in the pilot program to disburse loans made through the pilot program smoothly and efficiently; and (C) parents to obtain loans made through the pilot program in a timely and efficient manner; (5) the differential impact, if any, of the auction among the States, including between rural and non-rural States; and (6) the feasibility of using the mechanism piloted to oper- ate the other loan programs under part B of this title.
(d) REPORTS.— September 8, 2023 As Amended Through P.L.

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501 (1) IN GENERAL.—The Secretary and the Secretary of the Treasury shall submit to the authorizing committees— (A) not later than September 1, 2010, a preliminary report regarding the findings of the evaluation described in subsection (c); (B) not later than September 1, 2012, an interim re- port regarding such findings; and (C) not later than September 1, 2013, a final report re- garding such findings.
(2) CONTENTS.—The Secretary shall include, in each report required under subparagraphs (A), (B), and (C) of paragraph (1), any recommendations, that are based on the findings of the evaluation under subsection (c), for— (A) improving the operation and administration of the auction; and (B) improving the operation and administration of other loan programs under part B.

TITLE V—DEVELOPING INSTITUTIONS PART A—HISPANIC-SERVING INSTITUTIONS SEC.

501. ø20 U.S.C.
501. ø20 U.S.C.

1101¿ FINDINGS; PURPOSE; AND PROGRAM AU- THORITY.

(a) FINDINGS.—Congress makes the following findings: (1) Hispanic Americans are at high risk of not enrolling or graduating from institutions of higher education.

(2) Disparities between the enrollment of non-Hispanic white students and Hispanic students in postsecondary edu- cation are increasing.
Between 1973 and 1994, enrollment of white secondary school graduates in 4-year institutions of high- er education increased at a rate two times higher than that of Hispanic secondary school graduates.

(3) Despite significant limitations in resources, Hispanic- serving institutions provide a significant proportion of postsec- ondary opportunities for Hispanic students.

(4) Relative to other institutions of higher education, His- panic-serving institutions are underfunded.
Such institutions receive significantly less in State and local funding, per full- time equivalent student, than other institutions of higher edu- cation.

(5) Hispanic-serving institutions are succeeding in edu- cating Hispanic students despite significant resource problems that— (A) limit the ability of such institutions to expand and improve the academic programs of such institutions; and (B) could imperil the financial and administrative sta- bility of such institutions.
(6) There is a national interest in remedying the dispari- ties described in paragraphs (2) and (4) and ensuring that His- panic students have an equal opportunity to pursue postsec- ondary opportunities.

(b) PURPOSE.—The purpose of this title is to— September 8, 2023 As Amended Through P.L.

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502 HIGHER EDUCATION ACT OF 1965 764 (1) expand educational opportunities for, and improve the academic attainment of, Hispanic students; and (2) expand and enhance the academic offerings, program quality, and institutional stability of colleges and universities that are educating the majority of Hispanic college students and helping large numbers of Hispanic students and other low- income individuals complete postsecondary degrees.
(c) PROGRAM AUTHORITY.—The Secretary shall provide grants and related assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic students and other low-income individuals.

SEC.

502. ø20 U.S.C.

1101a¿ DEFINITIONS; ELIGIBILITY.
(a) DEFINITIONS.—For the purpose of this title: (1) EDUCATIONAL AND GENERAL EXPENDITURES.—The term ‘‘educational and general expenditures’’ means the total amount expended by an institution for instruction, research, public service, academic support (including library expendi- tures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers that the institu- tion is required to pay by law.
(2) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’ means— (A) an institution of higher education— (i) that has an enrollment of needy students as re- quired by subsection (b); (ii) except as provided in section 522(b), the aver- age educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and gen- eral expenditures per full-time equivalent under- graduate student of institutions that offer similar in- struction; (iii) that is— (I) legally authorized to provide, and provides within the State, an educational program for which the institution awards a bachelor’s degree; or (II) a junior or community college; (iv) that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or that is, according to such an agency or association, making reasonable progress toward ac- creditation; (v) that meets such other requirements as the Sec- retary may prescribe; and (vi) that is located in a State; and (B) any branch of any institution of higher education described under subparagraph (A) that by itself satisfies the requirements contained in clauses (i) and (ii) of such subparagraph.
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502 For purposes of the determination of whether an institution is an eligible institution under this paragraph, the factor de- scribed under subparagraph (A)(i) shall be given twice the weight of the factor described under subparagraph (A)(ii).
(3) ENDOWMENT FUND.—The term ‘‘endowment fund’’ means a fund that— (A) is established by State law, by a Hispanic-serving institution, or by a foundation that is exempt from Federal income taxation; (B) is maintained for the purpose of generating income for the support of the institution; and (C) does not include real estate.
(4) FULL-TIME EQUIVALENT STUDENTS.—The term ‘‘full-time equivalent students’’ means the sum of the number of students enrolled full time at an institution, plus the full-time equiva- lent of the number of students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution.
(5) HISPANIC-SERVING INSTITUTION.—The term ‘‘Hispanic- serving institution’’ means an institution of higher education that— (A) is an eligible institution; and (B) has an enrollment of undergraduate full-time equivalent students that is at least 25 percent Hispanic students at the end of the award year immediately pre- ceding the date of application.
(6) JUNIOR OR COMMUNITY COLLEGE.—The term ‘‘junior or community college’’ means an institution of higher education— (A) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institu- tion; (B) that does not provide an educational program for which the institution awards a bachelor’s degree (or an equivalent degree); and (C) that— (i) provides an educational program of not less than 2 years in duration that is acceptable for full credit toward such a degree; or (ii) offers a 2-year program in engineering, mathe- matics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge.
(b) ENROLLMENT OF NEEDY STUDENTS.—For the purpose of this title, the term ‘‘enrollment of needy students’’ means an enrollment at an institution with respect to which— (1) at least 50 percent of the degree students so enrolled are receiving need-based assistance under title IV in the sec- ond fiscal year preceding the fiscal year for which the deter- September 8, 2023 As Amended Through P.L.
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503 HIGHER EDUCATION ACT OF 1965 766 mination is made (other than loans for which an interest sub- sidy is paid pursuant to section 428); or (2) a substantial percentage of the students so enrolled are receiving Federal Pell Grants in the second fiscal year pre- ceding the fiscal year for which the determination is made, compared to the percentage of students receiving Federal Pell Grants at all such institutions in the second fiscal year pre- ceding the fiscal year for which the determination is made, un- less the requirement of this paragraph is waived under section 522(a).
SEC.

503. ø20 U.S.C.

1101b¿ AUTHORIZED ACTIVITIES.

(a) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded under this title shall be used by Hispanic-serving institutions of higher education to assist the institutions to plan, develop, undertake, and carry out programs to improve and expand the institutions’ capac- ity to serve Hispanic students and other low-income students.
(b) AUTHORIZED ACTIVITIES.—Grants awarded under this sec- tion shall be used for one or more of the following activities: (1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes.

(2) Construction, maintenance, renovation, and improve- ment in classrooms, libraries, laboratories, and other instruc- tional facilities.
(3) Support of faculty exchanges, faculty development, cur- riculum development, academic instruction, and faculty fellow- ships to assist in attaining advanced degrees in the fellow’s field of instruction.

(4) Purchase of library books, periodicals, and other edu- cational materials, including telecommunications program ma- terial.
(5) Tutoring, counseling, and student service programs de- signed to improve academic success, including innovative and customized instruction courses (which may include remedial education and English language instruction) designed to help retain students and move the students rapidly into core courses and through program completion.

(6) Articulation agreements and student support programs designed to facilitate the transfer from two-year to four-year institutions.
(7) Funds management, administrative management, and acquisition of equipment for use in strengthening funds man- agement.

(8) Joint use of facilities, such as laboratories and libraries.

(9) Establishing or improving a development office to strengthen or improve contributions from alumni and the pri- vate sector.

(10) Establishing or improving an endowment fund.


(11) Creating or improving facilities for Internet or other distance education technologies, including purchase or rental of telecommunications technology equipment or services.

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511 (12) Establishing or enhancing a program of teacher edu- cation designed to qualify students to teach in public elemen- tary schools and secondary schools.

(13) Establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsec- ondary education.
(14) Expanding the number of Hispanic and other under- represented graduate and professional students that can be served by the institution by expanding courses and institu- tional resources.

(15) Providing education, counseling services, or financial information designed to improve the financial literacy and eco- nomic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under title IV.
(16) Other activities proposed in the application submitted pursuant to section 504 that— (A) contribute to carrying out the purposes of this title; and (B) are approved by the Secretary as part of the re- view and acceptance of such application.

(c) ENDOWMENT FUND LIMITATIONS.— (1) PORTION OF GRANT.—A Hispanic-serving institution may not use more than 20 percent of the grant funds provided under this title for any fiscal year for establishing or improving an endowment fund.
(2) MATCHING REQUIRED.—A Hispanic-serving institution that uses any portion of the grant funds provided under this title for any fiscal year for establishing or improving an endow- ment fund shall provide from non-Federal funds an amount equal to or greater than the portion.
(3) COMPARABILITY.—The provisions of part C of title III regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under paragraph (1).

SEC.

504. ø20 U.S.C.

1101c¿ DURATION OF GRANT.

(a) AWARD PERIOD.—The Secretary may award a grant to a Hispanic-serving institution under this title for 5 years.
(b) PLANNING GRANTS.—Notwithstanding subsection (a), the Secretary may award a grant to a Hispanic-serving institution under this title for a period of 1 year for the purpose of preparation of plans and applications for a grant under this title.

SEC.

505. ø20 U.S.C.

1101d¿ SPECIAL RULE.

No Hispanic-serving institution that is eligible for and receives funds under this title may receive funds under part A or B of title III during the period for which funds under this title are awarded.
PART B—PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS SEC.

511. ø20 U.S.C.

1102¿ PURPOSES.

The purposes of this part are— September 8, 2023 As Amended Through P.L.

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512 HIGHER EDUCATION ACT OF 1965 768 (1) to expand postbaccalaureate educational opportunities for, and improve the academic attainment of, Hispanic stu- dents; and (2) to expand the postbaccalaureate academic offerings and enhance the program quality in the institutions of higher edu- cation that are educating the majority of Hispanic college stu- dents and helping large numbers of Hispanic and low-income students complete postsecondary degrees.

SEC.

512. ø20 U.S.C.


1102a¿ PROGRAM AUTHORITY AND ELIGIBILITY.

(a) PROGRAM AUTHORIZED.—Subject to the availability of funds appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in section 513.
(b) ELIGIBILITY.—For the purposes of this part, an ‘‘eligible in- stitution’’ means an institution of higher education that— (1) is a Hispanic-serving institution (as defined in section 502); and (2) postbaccalaureate a postbaccalaureate degree granting program.

offers certificate or SEC.

513. ø20 U.S.C.

1102b¿ AUTHORIZED ACTIVITIES.


Grants awarded under this part shall be used for one or more of the following activities: (1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes.

(2) Construction, maintenance, renovation, and improve- ment of classrooms, libraries, laboratories, and other instruc- tional facilities, including purchase or rental of telecommuni- cations technology equipment or services.
(3) Purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other edu- cational materials, including telecommunications program ma- terials.

(4) Support for low-income postbaccalaureate students in- cluding outreach, academic support services, mentoring, schol- arships, fellowships, and other financial assistance to permit the enrollment of such students in postbaccalaureate certificate and postbaccalaureate degree granting programs.
(5) Support of faculty exchanges, faculty development, fac- ulty research, curriculum development, and academic instruc- tion.

(6) Creating or improving facilities for Internet or other distance education technologies, including purchase or rental of telecommunications technology equipment or services.

(7) Collaboration with other institutions of higher edu- and postbaccalaureate certificate to expand cation postbaccalaureate degree offerings.
(8) Other activities proposed in the application submitted pursuant to section 514 that— (A) contribute to carrying out the purposes of this part; and September 8, 2023 As Amended Through P.L.

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521 (B) are approved by the Secretary as part of the re- view and acceptance of such application.

SEC.

514. ø20 U.S.C.

1102c¿ APPLICATION AND DURATION.

(a) APPLICATION.—Any eligible institution may apply for a grant under this part by submitting an application to the Secretary at such time and in such manner as the Secretary may require.

Such application shall demonstrate how the grant funds will be used to improve postbaccalaureate education opportunities for His- panic and low-income students.
(b) DURATION.—Grants under this part shall be awarded for a period not to exceed five years.

(c) LIMITATION.—The Secretary may not award more than one grant under this part in any fiscal year to any Hispanic-serving in- stitution.

PART C—GENERAL PROVISIONS SEC.

521. ø20 U.S.C.

1103¿ ELIGIBILITY; APPLICATIONS.


(a) INSTITUTIONAL ELIGIBILITY.—Each Hispanic-serving institu- tion desiring to receive assistance under this title shall submit to the Secretary such enrollment data as may be necessary to dem- onstrate that the institution is a Hispanic-serving institution as de- fined in section 502, along with such other data and information as the Secretary may by regulation require.
(b) APPLICATIONS.— (1) APPLICATIONS REQUIRED.—Any institution which is eli- gible for assistance under this title shall submit to the Sec- retary an application for assistance at such time, in such form, and containing such information, as may be necessary to en- able the Secretary to evaluate the institution’s need for assist- ance.
Subject to the availability of appropriations to carry out this title, the Secretary may approve an application for a grant under this title only if the Secretary determines that— (A) the application meets the requirements of sub- section (c); and (B) the institution is eligible for assistance in accord- ance with the provisions of this title under which the as- sistance is sought.
(2) PRELIMINARY APPLICATIONS.—In carrying out para- graph (1), the Secretary may develop a preliminary application for use by Hispanic-serving institutions applying under this title prior to the submission of the principal application.
(c) CONTENTS.—A Hispanic-serving institution, in the institu- tion’s application for a grant, shall— (1) set forth, or describe how the institution will develop, a comprehensive development plan to strengthen the institu- tion’s academic quality and institutional management, and oth- erwise provide for institutional self-sufficiency and growth (in- cluding measurable objectives for the institution and the Sec- retary to use in monitoring the effectiveness of activities under this title); September 8, 2023 As Amended Through P.L.
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521 HIGHER EDUCATION ACT OF 1965 770 (2) include a 5-year plan for improving the assistance pro- vided by the Hispanic-serving institution to Hispanic students and other low-income individuals; (3) set forth policies and procedures to ensure that Federal funds made available under this title for any fiscal year will be used to supplement and, to the extent practical, increase the funds that would otherwise be made available for the purposes of section 501(b), and in no case supplant those funds; (4) set forth policies and procedures for evaluating the ef- fectiveness in accomplishing the purpose of the activities for which a grant is sought under this title; (5) provide for such fiscal control and fund accounting pro- cedures as may be necessary to ensure proper disbursement of and accounting for funds made available to the institution under this title; (6) provide that the institution will comply with the limita- tions set forth in section 526; (7) describe in a comprehensive manner any proposed project for which funds are sought under the application and include— (A) a description of the various components of the pro- posed project, including the estimated time required to complete each such component; (B) in the case of any development project that con- sists of several components (as described by the institution pursuant to subparagraph (A)), a statement identifying those components which, if separately funded, would be sound investments of Federal funds and those components which would be sound investments of Federal funds only if funded under this title in conjunction with other parts of the development project (as specified by the institution); (C) an evaluation by the institution of the priority given any proposed project for which funds are sought in relation to any other projects for which funds are sought by the institution under this title, and a similar evaluation regarding priorities among the components of any single proposed project (as described by the institution pursuant to subparagraph (A));
 (D) a detailed budget showing the manner in which funds for any proposed project would be spent by the insti- tution; and (E) a detailed description of any activity which in- volves the expenditure of more than $25,000, as identified in the budget referred to in subparagraph (D); (8) provide for making reports, in such form and con- taining such information, as the Secretary may require to carry out the Secretary’s functions under this title, including not less than one report annually setting forth the institution’s progress toward achieving the objectives for which the funds were awarded and for keeping such records and affording such access to such records, as the Secretary may find necessary to assure the correctness and verification of such reports; and (9) include such other information as the Secretary may prescribe.
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522 (d) PRIORITY.—With respect to applications for assistance under this section, the Secretary shall give priority to an applica- tion that contains satisfactory evidence that the Hispanic-serving institution has entered into or will enter into a collaborative ar- rangement with at least one local educational agency or commu- nity-based organization to provide such agency or organization with assistance (from funds other than funds provided under this title) in reducing dropout rates for Hispanic students, improving rates of academic achievement for Hispanic students, and increasing the rates at which Hispanic secondary school graduates enroll in high- er education.
(e) ELIGIBILITY DATA.—The Secretary shall use the most recent and relevant data concerning the number and percentage of stu- dents receiving need-based assistance under title IV in making eli- gibility determinations and shall advance the base-year for the de- terminations forward following each annual grant cycle.

SEC.

522. ø20 U.S.C.

1103a¿ WAIVER AUTHORITY AND REPORTING RE- QUIREMENT.
(a) WAIVER REQUIREMENTS; NEED-BASED ASSISTANCE STU- DENTS.—The Secretary may waive the requirements set forth in section 502(a)(2)(A)(i) in the case of an institution— (1) that is extensively subsidized by the State in which the institution is located and charges low or no tuition; (2) that serves a substantial number of low-income stu- dents as a percentage of the institution’s total student popu- lation; (3) that is contributing substantially to increasing higher for educationally disadvantaged, education opportunities underrepresented, or minority students, who are low-income individuals; (4) which is substantially increasing higher educational op- portunities for individuals in rural or other isolated areas which are unserved by postsecondary institutions; or (5) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportuni- ties appropriate to the needs of Hispanic Americans.
(b) WAIVER DETERMINATIONS; EXPENDITURES.— (1) WAIVER DETERMINATIONS.—The Secretary may waive the requirements set forth in section 502(a)(2)(A)(ii) if the Sec- retary determines, based on persuasive evidence submitted by the institution, that the institution’s failure to meet the re- quirements is due to factors which, when used in the deter- mination of compliance with the requirements, distort such de- termination, and that the institution’s designation as an eligi- ble institution under part A is otherwise consistent with the purposes of this title.
(2) EXPENDITURES.—The Secretary shall submit to Con- gress every other year a report concerning the institutions that, although not satisfying the requirements of section 502(a)(2)(A)(ii), have been determined to be eligible institutions under part A.

Such report shall— (A) identify the factors referred to in paragraph (1) that were considered by the Secretary as factors that dis- September 8, 2023 As Amended Through P.L.
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523 HIGHER EDUCATION ACT OF 1965 772 torted the determination of compliance with clauses (i) and (ii) of section 502(a)(2)(A); and (B) contain a list of each institution determined to be an eligible institution under part A including a statement of the reasons for each such determination.

SEC.
SEC.

523. ø20 U.S.C.

1103b¿ APPLICATION REVIEW PROCESS.

(a) REVIEW PANEL.—All applications submitted under this title by Hispanic-serving institutions shall be read by a panel of readers composed of individuals who are selected by the Secretary and who include individuals representing Hispanic-serving institutions.
The Secretary shall ensure that no individual assigned under this sec- tion to review any application has any conflict of interest with re- gard to the application that might impair the impartiality with which the individual conducts the review under this section.
(b) INSTRUCTION.—All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the eval- uation process for applications submitted under this title that are consistent with the provisions of this title, including— (1) an enumeration of the factors to be used to determine the quality of applications submitted under this title; and (2) an enumeration of the factors to be used to determine whether a grant should be awarded for a project under this title, the amount of any such grant, and the duration of any such grant.
(c) RECOMMENDATIONS OF PANEL.—In awarding grants under this title, the Secretary shall take into consideration the rec- ommendations of the panel made under subsection (a).
(d) NOTIFICATION.—Not later than June 30 of each year, the Secretary shall notify each Hispanic-serving institution making an application under this title of— (1) the scores given the institution by the panel pursuant to this section; (2) the recommendations of the panel with respect to such application; and (3) the reasons for the decision of the Secretary in award- ing or refusing to award a grant under this title, and any modifications, if any, in the recommendations of the panel made by the Secretary.
SEC.

524. ø20 U.S.C.

1103c¿ COOPERATIVE ARRANGEMENTS.
(a) GENERAL AUTHORITY.—The Secretary may make grants to encourage cooperative arrangements with funds available to carry out this title, between Hispanic-serving institutions eligible for as- sistance under this title, and between such institutions and institu- tions not receiving assistance under this title, for the activities de- scribed in sections 503 and 513 so that the resources of the cooper- ating institutions might be combined and shared in order to achieve the purposes of this title, to avoid costly duplicative efforts, and to enhance the development of Hispanic-serving institutions.
(b) PRIORITY.—The Secretary shall give priority to grants for the purposes described under subsection (a) whenever the Sec- retary determines that the cooperative arrangement is geographi- cally and economically sound or will benefit the applicant Hispanic- serving institution.

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528 (c) DURATION.—Grants to Hispanic-serving institutions having a cooperative arrangement may be made under this section for a period determined under section 505.

SEC.

525. ø20 U.S.C.


1103d¿ ASSISTANCE TO INSTITUTIONS UNDER OTHER PROGRAMS.

(a) ASSISTANCE ELIGIBILITY.—Each Hispanic-serving institution that the Secretary determines to be an institution eligible under this title may be eligible for waivers in accordance with subsection (b).
(b) WAIVER APPLICABILITY.— (1) IN GENERAL.—Subject to, and in accordance with, regu- lations promulgated for the purpose of this section, in the case of any application by a Hispanic-serving institution referred to in subsection (a) for assistance under any programs specified in paragraph (2), the Secretary is authorized, if such applica- tion is otherwise approvable, to waive any requirement for a non-Federal share of the cost of the program or project, or, to the extent not inconsistent with other law, to give, or require to be given, priority consideration of the application in relation to applications from other institutions.
(2) PROGRAMS.—The provisions of this section shall apply to any program authorized by title IV or section 604.

(c) LIMITATION.—The Secretary shall not waive, under sub- section (b), the non-Federal share requirement for any program for applications which, if approved, would require the expenditure of more than 10 percent of the appropriations for the program for any fiscal year.

SEC.

526. ø20 U.S.C.

1103e¿ LIMITATIONS.
The funds appropriated under section 528 may not be used— (1) for a school or department of divinity or any religious worship or sectarian activity; (2) for an activity that is inconsistent with a State plan for desegregation of higher education applicable to a Hispanic- serving institution; (3) for an activity that is inconsistent with a State plan of higher education applicable to a Hispanic-serving institution; or (4) for purposes other than the purposes set forth in the approved application under which the funds were made avail- able to a Hispanic-serving institution.
SEC.

527. ø20 U.S.C.

1103f¿ PENALTIES.

Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of Federal financial assistance or grant pursuant to this title embezzles, willfully misapplies, steals, or obtains by fraud any of the funds that are the subject of such grant or assistance, shall be fined not more than $10,000 or imprisoned for not more than 2 years, or both.

SEC.

528. ø20 U.S.C.

1103g¿ AUTHORIZATIONS OF APPROPRIATIONS.


(a) AUTHORIZATIONS.— (1) PARTS A AND C.—There are authorized to be appro- priated to carry out parts A and C $175,000,000 for fiscal year September 8, 2023 As Amended Through P.L.

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601 HIGHER EDUCATION ACT OF 1965 774 2009 and such sums as may be necessary for each of the five succeeding fiscal years.

(2) PART B.—There are authorized to be appropriated to carry out part B $100,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.
(b) USE OF MULTIPLE YEAR AWARDS.—In the event of a mul- tiple year award to any Hispanic-serving institution under this title, the Secretary shall make funds available for such award from funds appropriated for this title for the fiscal year in which such funds are to be used by the institution.

TITLE VI—INTERNATIONAL EDUCATION PROGRAMS PART A—INTERNATIONAL AND FOREIGN LANGUAGE STUDIES SEC.

601. ø20 U.S.C.

1121¿ FINDINGS; PURPOSES; CONSULTATION; SUR- VEY.


(a) FINDINGS.—Congress finds as follows: (1) The security, stability, and economic vitality of the United States in a complex global era depend upon American experts in and citizens knowledgeable about world regions, for- eign languages, and international affairs, as well as upon a strong research base in these areas.
(2) Advances in communications technology and the growth of regional and global problems make knowledge of other countries and the ability to communicate in other lan- guages more essential to the promotion of mutual under- standing and cooperation among nations and their peoples.

(3) Dramatic changes in the world’s geopolitical and eco- nomic landscapes are creating needs for American expertise and knowledge about a greater diversity of less commonly taught foreign languages and nations of the world.
(4) Systematic efforts are necessary to enhance the capac- ity of institutions of higher education in the United States for— (A) producing graduates with international and foreign language expertise and knowledge; and (B) research regarding such expertise and knowledge.
(5) Cooperative efforts among the Federal Government, in- stitutions of higher education, and the private sector are nec- essary to promote the generation and dissemination of informa- tion about world regions, foreign languages, and international affairs throughout education, government, business, civic, and nonprofit sectors in the United States.
(b) PURPOSES.—The purposes of this part are— (1)(A) to support centers, programs, and fellowships in in- stitutions of higher education in the United States for pro- ducing increased numbers of trained personnel and research in foreign languages, area studies, and other international stud- ies; September 8, 2023 As Amended Through P.L.
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602 (B) to develop a pool of international experts to meet na- tional needs; (C) to develop and validate specialized materials and tech- niques for foreign language acquisition and fluency, empha- sizing (but not limited to) the less commonly taught languages; (D) to promote access to research and training overseas, including through linkages with overseas institutions; and (E) to advance the internationalization of a variety of dis- ciplines throughout undergraduate and graduate education; (2) to support cooperative efforts promoting access to and the dissemination of international and foreign language knowl- edge, teaching materials, and research, throughout education, government, business, civic, and nonprofit sectors in the United States, through the use of advanced technologies; and (3) to coordinate the programs of the Federal Government in the areas of foreign language, area studies, and other inter- national studies, including professional international affairs education and research.
(c) CONSULTATION.— (1) IN GENERAL.—The Secretary shall, prior to requesting applications for funding under this title during each grant cycle, consult with and receive recommendations regarding na- tional need for expertise in foreign languages and world re- gions from the head officials of a wide range of Federal agen- cies.
(2) CONSIDERING RECOMMENDATIONS; PROVIDING INFORMA- TION.—The Secretary— (A) may take into account the recommendations de- scribed in paragraph (1); and (B) shall— (i) provide information collected under paragraph (1) when requesting applications for funding under this title; and (ii) make available to applicants a list of areas identified as areas of national need.
(d) SURVEY.—The Secretary shall assist grantees in developing a survey to administer to students who have completed programs under this title to determine postgraduate employment, education, or training.

All grantees, where applicable, shall administer such survey once every two years and report survey results to the Sec- retary.

SEC.

602. ø20 U.S.C.

1122¿ GRADUATE AND UNDERGRADUATE LAN- GUAGE AND AREA CENTERS AND PROGRAMS.
(a) NATIONAL LANGUAGE AND AREA CENTERS AND PROGRAMS AUTHORIZED.— (1) CENTERS AND PROGRAMS.— (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, strength- ening, and operating— (i) comprehensive foreign language and area or international studies centers and programs; and September 8, 2023 As Amended Through P.L.
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602 HIGHER EDUCATION ACT OF 1965 776 (ii) a diverse network of undergraduate foreign language and area or international studies centers and programs.
(B) NATIONAL RESOURCES.—The centers and programs referred to in paragraph (1) shall be national resources for— (i) teaching of any modern foreign language; (ii) instruction in fields needed to provide full un- derstanding of areas, regions, or countries in which such language is commonly used; (iii) research and training in international studies, and the international and foreign language aspects of professional and other fields of study; and (iv) instruction and research on issues in world af- fairs that concern one or more countries.
(2) AUTHORIZED ACTIVITIES.—Any such grant may be used to pay all or part of the cost of establishing or operating a cen- ter or program, including the cost of— (A) teaching and research materials; (B) curriculum planning and development; (C) establishing and maintaining linkages with over- seas institutions of higher education and other organiza- tions that may contribute to the teaching and research of the center or program; (D) bringing visiting scholars and faculty to the center to teach or to conduct research; (E) professional development of the center’s faculty and staff; (F) projects conducted in cooperation with other cen- ters addressing themes of world regional, cross-regional, international, or global importance; (G) summer institutes in the United States or abroad designed to provide language and area training in the cen- ter’s field or topic; (H) support for faculty, staff, and student travel in for- eign areas, regions, or countries, and for the development and support of educational programs abroad for students; (I) supporting instructors of the less commonly taught languages; and (J) projects that support students in the science, tech- nology, engineering, and mathematics fields to achieve for- eign language proficiency.
(3) GRANTS TO MAINTAIN LIBRARY COLLECTIONS.—The Sec- retary may make grants to centers described in paragraph (1) having important library collections, as determined by the Sec- retary, for the maintenance of such collections.
(4) OUTREACH GRANTS AND SUMMER INSTITUTES.—The Secretary may make additional grants to centers described in paragraph (1) for any one or more of the following purposes: (A) Programs of linkage or outreach between foreign language, area studies, or other international fields, and professional schools and colleges.

(B) Programs of linkage or outreach with 2- and 4-year colleges and universities.

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602 (C) Programs of linkage or outreach between or among— (i) postsecondary programs or departments in for- eign language, area studies, or other international fields; and (ii) State educational agencies or local educational agencies.

(D) Partnerships or programs of linkage and outreach with departments or agencies of Federal and State govern- ments, including Federal or State scholarship programs for students in related areas.
(E) Programs of linkage or outreach with the news media, business, professional, or trade associations.

(F) Summer institutes in area studies, foreign lan- guage, and other international fields designed to carry out the programs described in subparagraphs (A), (B), (D), and (E).
(b) FELLOWSHIPS FOR FOREIGN LANGUAGE AND AREA OR INTER- NATIONAL STUDIES.— (1) IN GENERAL.—The Secretary is authorized to make grants to institutions of higher education or combinations of such institutions for the purpose of paying stipends to individ- uals undergoing advanced training in any center or program approved by the Secretary.
(2) ELIGIBLE STUDENTS.—A student receiving a stipend de- scribed in paragraph (1) shall be engaged— (A) in an instructional program with stated perform- ance goals for functional foreign language use or in a pro- gram developing such performance goals, in combination with area studies, international studies, or the inter- national aspects of a professional studies program; and (B)(i) in the case of an undergraduate student, in the intermediate or advanced study of a less commonly taught language; or (ii) in the case of a graduate student, in graduate study in connection with a program described in subpara- graph (A), including— (I) predissertation level study; (II) preparation for dissertation research; (III) dissertation research abroad; or (IV) dissertation writing.
(c) SPECIAL RULE WITH RESPECT TO TRAVEL.—No funds may be expended under this part for undergraduate travel except in ac- cordance with rules prescribed by the Secretary setting forth poli- cies and procedures to assure that Federal funds made available for such travel are expended as part of a formal program of super- vised study.
(d) ALLOWANCES.— (1) GRADUATE LEVEL RECIPIENTS.—A stipend awarded to a graduate level recipient may include allowances for dependents and for travel for research and study in the United States and abroad.

(2) UNDERGRADUATE LEVEL RECIPIENTS.—A stipend award- ed to an undergraduate level recipient may include an allow- September 8, 2023 As Amended Through P.L.
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603 HIGHER EDUCATION ACT OF 1965 778 ance for educational programs in the United States or edu- cational programs abroad that— (A) are closely linked to the overall goals of the recipi- ent’s course of study; and (B) have the purpose of promoting foreign language fluency and knowledge of foreign cultures.
(e) APPLICATION.—Each institution of higher education or con- sortium of such institutions desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may require.
Each such application shall include— (1) an explanation of how the activities funded by the grant will reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs; and (2) a description of how the applicant will encourage gov- ernment service in areas of national need, as identified by the Secretary, as well as in areas of need in the education, busi- ness, and nonprofit sectors.

SEC.

603. ø20 U.S.C.

1123¿ LANGUAGE RESOURCE CENTERS.


(a) LANGUAGE RESOURCE CENTERS AUTHORIZED.—The Sec- retary is authorized to make grants to and enter into contracts with institutions of higher education, or consortia of such institu- tions, for the purpose of establishing, strengthening, and operating a small number of national language resource and training centers, which shall serve as resources to improve the capacity to teach and learn foreign languages effectively.
(b) AUTHORIZED ACTIVITIES.—The activities carried out by the centers described in subsection (a)— (1) shall include effective dissemination efforts, whenever appropriate; and (2) may include— (A) the conduct and dissemination of research on new and improved teaching methods, including the use of ad- vanced educational technology; (B) the development and dissemination of new teach- ing materials reflecting the use of such research in effec- tive teaching strategies; (C) the development, application, and dissemination of performance testing appropriate to an educational setting for use as a standard and comparable measurement of skill levels in all languages; (D) the training of teachers in the administration and interpretation of performance tests, the use of effective teaching strategies, and the use of new technologies; (E) a significant focus on the teaching and learning needs of the less commonly taught languages, including an assessment of the strategic needs of the United States, the determination of ways to meet those needs nationally, and the publication and dissemination of instructional mate- rials in the less commonly taught languages; September 8, 2023 As Amended Through P.L.
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604 (F) the development and dissemination of materials designed to serve as a resource for foreign language teach- ers at the elementary and secondary school levels; and (G) the operation of intensive summer language insti- tutes to train advanced foreign language students, to pro- vide professional development, and to improve language instruction through preservice and inservice language training for teachers.
(c) CONDITIONS FOR GRANTS.—Grants under this section shall reflect the purposes of this part and be made on such conditions as the Secretary determines to be necessary to carry out the provi- sions of this section.

SEC.

604. ø20 U.S.C.

1124¿ UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS.
(a) INCENTIVES FOR THE CREATION OF NEW PROGRAMS AND THE STRENGTHENING OF EXISTING PROGRAMS IN UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS.— (1) AUTHORITY.—The Secretary is authorized to make grants to institutions of higher education, consortia of such in- stitutions, or partnerships between nonprofit educational orga- nizations and institutions of higher education, to assist such institutions, consortia or partnerships in planning, developing, and carrying out programs to improve undergraduate instruc- tion in international studies and foreign languages.
Such grants shall be awarded to institutions, consortia or partner- ships seeking to create new programs or to strengthen existing programs in foreign languages, area studies, and other inter- national fields.
(2) USE OF FUNDS.—Grants made under this section may be used for the Federal share of the cost of projects and activi- ties which are an integral part of such a program, such as— (A) planning for the development and expansion of un- international studies and in dergraduate programs foreign languages; (B) teaching, research, curriculum development, faculty training in the United States or abroad, and other related activities, including— (i) the expansion of library and teaching re- sources; and (ii) pre-service teacher training and in-service teacher professional development; (C) expansion of opportunities for learning foreign lan- guages, including less commonly taught languages; (D) programs under which foreign teachers and schol- ars may visit institutions as visiting faculty; (E) programs designed to develop or enhance linkages between 2- and 4-year institutions of higher education, or baccalaureate and post-baccalaureate programs or institu- tions; (F) the development of undergraduate educational pro- grams— (i) in locations abroad where such opportunities are not otherwise available or that serve students for September 8, 2023 As Amended Through P.L.
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604 HIGHER EDUCATION ACT OF 1965 780 whom such opportunities are not otherwise available; and (ii) that provide courses that are closely related to on-campus foreign language and international cur- ricula; (G) the integration of new and continuing education abroad opportunities for undergraduate students into cur- ricula of specific degree programs; (H) the development of model programs to enrich or enhance the effectiveness of educational programs abroad, including predeparture and postreturn programs, and the integration of educational programs abroad into the cur- riculum of the home institution; (I) the provision of grants for educational programs abroad that— (i) are closely linked to the program’s overall goals; and (ii) have the purpose of promoting foreign lan- guage fluency and knowledge of world regions; (J) the development of programs designed to integrate professional and technical education with foreign lan- guages, area studies, and other international fields; (K) the establishment of linkages overseas with insti- tutions of higher education and organizations that con- tribute to the educational programs assisted under this subsection; (L) the conduct of summer institutes in foreign area, foreign language, and other international fields to provide faculty and curriculum development, including the integra- tion of professional and technical education with foreign area and other international studies, and to provide for- eign area and other international knowledge or skills to government personnel or private sector professionals in international activities; (M) the development of partnerships between— (i) institutions of higher education; and (ii) the private sector, government, or elementary and secondary education institutions, in order to enhance international knowledge and skills; and (N) the use of innovative technology to increase access to international education programs.
(3) NON-FEDERAL SHARE.—The non-Federal share of the cost of the programs assisted under this subsection— (A) may be provided in cash from the private sector corporations or foundations in an amount equal to one- third of the total cost of the programs assisted under this section; or (B) may be provided as an in-cash or in-kind contribu- tion from institutional and noninstitutional funds, includ- ing State and private sector corporation or foundation con- tributions, equal to one-half of the total cost of the pro- grams assisted under this section.
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604 (4) SPECIAL RULE.—The Secretary may waive or reduce the required non-Federal share for institutions that— (A) are eligible to receive assistance under part A or B of title III or under title V; and (B) have submitted a grant application under this sec- tion that demonstrates a need for a waiver or reduction.
(5) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to applications from institutions of higher education, consortia or partnerships that require enter- ing students to have successfully completed at least 2 years of secondary school foreign language instruction or that require each graduating student to earn 2 years of postsecondary cred- it in a foreign language (or have demonstrated equivalent com- petence in the foreign language) or, in the case of a 2-year de- gree granting institution, offer 2 years of postsecondary credit in a foreign language.
(6) GRANT CONDITIONS.—Grants under this subsection shall reflect the purposes of this part and be made on such con- ditions as the Secretary determines to be necessary to carry out this subsection.
(7) APPLICATION.—Each application for assistance under this subsection shall include— (A) evidence that the applicant has conducted exten- sive planning prior to submitting the application; (B) an assurance that the faculty and administrators of all relevant departments and programs served by the applicant are involved in ongoing collaboration with regard to achieving the stated objectives of the application; (C) an assurance that students at the applicant insti- tutions, as appropriate, will have equal access to, and de- rive benefits from, the program assisted under this sub- section; (D) an assurance that each applicant, consortium, or partnership will use the Federal assistance provided under this subsection to supplement and not supplant non-Fed- eral funds the institution expends for programs to improve undergraduate instruction in international studies and for- eign languages; (E) a description of how the applicant will provide in- formation to students regarding federally funded scholar- ship programs in related areas; (F) an explanation of how the activities funded by the grant will reflect diverse perspectives and a wide range of views and generate debate on world regions and inter- national affairs, where applicable; and (G) a description of how the applicant will encourage service in areas of national need, as identified by the Sec- retary.
(8) EVALUATION.—The Secretary may establish require- ments for program evaluations and require grant recipients to submit annual reports that evaluate the progress and perform- ance of students participating in programs assisted under this subsection.

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605 HIGHER EDUCATION ACT OF 1965 782 (b) PROGRAMS OF NATIONAL SIGNIFICANCE.—The Secretary may also award grants to public and private nonprofit agencies and or- ganizations, including professional and scholarly associations, whenever the Secretary determines such grants will make an espe- cially significant contribution to improving undergraduate inter- national studies and foreign language programs.
(c) FUNDING SUPPORT.— (1) IN GENERAL.—The Secretary may use not more than 20 percent of the total amount appropriated for this part for car- rying out the purposes of this section.

(2) GRANTEES.—Of the total amount of grant funds award- ed to a grantee under this section, the grantee may use not more than ten percent of such funds for the activity described in subsection (a)(2)(I).

SEC.

605. ø20 U.S.C.

1125¿ RESEARCH; STUDIES; ANNUAL REPORT.


(a) AUTHORIZED ACTIVITIES.—The Secretary may, directly or through grants or contracts, conduct research and studies that con- tribute to achieving the purposes of this part.
Such research and studies may include— (1) studies and surveys to determine needs for increased or improved instruction in foreign language, area studies, or other international fields, including the demand for foreign language, area, and other international specialists in government, edu- cation, and the private sector; (2) studies and surveys to assess the utilization of grad- uates of programs supported under this title by governmental, educational, and private sector organizations and other studies assessing the outcomes and effectiveness of programs so sup- ported; (3) evaluation of the extent to which programs assisted under this title that address national needs would not other- wise be offered; (4) comparative studies of the effectiveness of strategies to provide international capabilities at institutions of higher edu- cation; (5) research on more effective methods of providing in- struction and achieving competency in foreign languages, area studies, or other international fields; (6) the development and publication of specialized mate- rials for use in foreign language, area studies, and other inter- national fields, or for training foreign language, area, and other international specialists; (7) studies and surveys of the uses of technology in foreign language, area studies, and international studies programs; (8) studies and evaluations of effective practices in the dis- semination of international information, materials, research, teaching strategies, and testing techniques throughout the edu- cation community, including elementary and secondary schools; (9) the application of performance tests and standards across all areas of foreign language instruction and classroom use; (10) evaluation of the extent to which programs assisted under this title reflect diverse perspectives and a wide range September 8, 2023 As Amended Through P.L.
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606 of views and generate debate on world regions and inter- national affairs, as described in the grantee’s application; (11) the systematic collection, analysis, and dissemination of data that contribute to achieving the purposes of this part; and (12) support for programs or activities to make data col- lected, analyzed, or disseminated under this section publicly available and easy to understand.
(b) ANNUAL REPORT.—The Secretary shall prepare, publish, and announce an annual report listing the books and research ma- terials produced with assistance under this section.

SEC.

606. ø20 U.S.C.

1126¿ TECHNOLOGICAL INNOVATION AND CO- OPERATION FOR FOREIGN INFORMATION ACCESS.
(a) AUTHORITY.— (1) IN GENERAL.—The Secretary is authorized to make grants to institutions of higher education, public or nonprofit private libraries, or partnerships between such institutions and other such institutions, libraries, or nonprofit educational orga- nizations, to develop innovative techniques or programs using electronic technologies to collect, organize, preserve, and widely disseminate information from foreign sources on world regions and countries other than the United States that address our Nation’s teaching and research needs in international edu- cation and foreign languages.
(2) GRANT RECIPIENTS.—The Secretary may award grants under this section to carry out the activities authorized under this section to the following: (A) An institution of higher education.

(B) A public or nonprofit private library.

(C) A partnership of an institution of higher education and one or more of the following: (i) Another institution of higher education.

(ii) A library.

(iii) A nonprofit educational organization.
(b) AUTHORIZED ACTIVITIES.—Grants under this section may be (1) to acquire, facilitate access to, or preserve foreign infor- mation resources in print or electronic forms; (2) to develop new means of immediate, full-text document delivery for information and scholarship from abroad; (3) to develop new means of or standards for shared elec- used— tronic access to international data; (4) to support collaborative projects of indexing, cataloging, and other means of bibliographic access for scholars to impor- tant research materials published or distributed outside the United States; (5) to develop methods for the wide dissemination of re- sources written in non-Roman language alphabets; (6) to assist teachers of less commonly taught languages in acquiring, via electronic and other means, materials suitable for classroom use; (7) to promote collaborative technology based projects in foreign languages, area studies, and international studies among grant recipients under this title; September 8, 2023 As Amended Through P.L.
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607 HIGHER EDUCATION ACT OF 1965 784 (8) to establish linkages to facilitate carrying out the ac- tivities described in this subsection between— (A) the institutions of higher education, libraries, and partnerships receiving grants under this section; and (B) institutions of higher education, nonprofit edu- cational organizations, and libraries overseas; and (9) to carry out other activities that the Secretary deter- mines are consistent with the purpose of the grants awarded under this section.
(c) APPLICATION.—Each institution of higher education, library, or partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and ac- companied by such information and assurances as the Secretary may reasonably require.

(d) MATCH REQUIRED.—The Federal share of the total cost of carrying out a program supported by a grant under this section shall not be more than 662⁄3 percent.
The non-Federal share of such cost may be provided either in-kind or in cash, and may include contributions from private sector corporations or foundations.

SEC.

607. ø20 U.S.C.

1127¿ SELECTION OF CERTAIN GRANT RECIPIENTS.


(a) COMPETITIVE GRANTS.—The Secretary shall award grants under section 602 competitively on the basis of criteria that separately, but not less rigorously, evaluates— (1) the applications for comprehensive foreign language and area or international studies centers and programs; and (2) the applications for undergraduate foreign language and area or international studies centers and programs.
(b) SELECTION CRITERIA.—The Secretary shall set criteria for grants awarded under section 602 by which a determination of ex- cellence shall be made to meet the differing objectives of graduate and undergraduate institutions.

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 post- graduate employment, education, or training in areas of national need and an applicant’s stated efforts to increase the number of such students that go into such placements.
(c) EQUITABLE DISTRIBUTION OF GRANTS.—The Secretary shall, to the extent practicable, award grants under this part (other than section 602) in such manner as to achieve an equitable distribution of the grant funds throughout the United States, based on the merit of a proposal as determined pursuant to a peer review proc- ess involving broadly representative professionals.

SEC.

608. ø20 U.S.C.

1128¿ EQUITABLE DISTRIBUTION OF CERTAIN FUNDS.


(a) SELECTION CRITERIA.—The Secretary shall make excellence the criterion for selection of grants awarded under section 602.

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610 manner as will achieve an equitable distribution of funds through- out the United States.
(c) SUPPORT FOR UNDERGRADUATE EDUCATION.—The Secretary shall also award grants under this part in such manner as to en- sure that an appropriate portion of the funds appropriated for this part (as determined by the Secretary) are used to support under- graduate education.

SEC.

609. ø20 U.S.C.

1128a¿ AMERICAN OVERSEAS RESEARCH CENTERS.


(a) CENTERS AUTHORIZED.—The Secretary is authorized to make grants to and enter into contracts with any American over- seas research center that is a consortium of institutions of higher education (hereafter in this section referred to as a ‘‘center’’) to en- able such center to promote postgraduate research, exchanges and area studies.
(b) USE OF GRANTS.—Grants made and contracts entered into pursuant to this section may be used to pay all or a portion of the cost of establishing or operating a center or program, including— (1) the cost of faculty and staff stipends and salaries; (2) the cost of faculty, staff, and student travel; (3) the cost of the operation and maintenance of overseas facilities; (4) the cost of teaching and research materials; (5) the cost of acquisition, maintenance, and preservation of library collections; (6) the cost of bringing visiting scholars and faculty to a center to teach or to conduct research; (7) the cost of organizing and managing conferences; and (8) the cost of publication and dissemination of material for the scholarly and general public.
(c) LIMITATION.—The Secretary shall only award grants to and enter into contracts with centers under this section that— (1) receive more than 50 percent of their funding from pub- lic or private United States sources; (2) have a permanent presence in the country in which the center is located; and (3) are organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 which are exempt from taxation under section 501(a) of such Code.
(d) DEVELOPMENT GRANTS.—The Secretary is authorized to make grants for the establishment of new centers.

The grants may be used to fund activities that, within 1 year, will result in the cre- ation of a center described in subsection (c).

(e) APPLICATION.—Each center desiring to receive a grant or contract under this section shall submit an application to the Sec- retary at such time, in such manner, and accompanied by such in- formation and assurances as the Secretary may require.

SEC.

610. ø20 U.S.C.


1128b¿ AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

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611 HIGHER EDUCATION ACT OF 1965 786 PART B—BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS SEC.

611. ø20 U.S.C.

1130¿ FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that— (1) the future economic welfare of the United States will depend substantially on increasing international skills in the business and educational community and creating an aware- ness among the American public of the internationalization of our economy; (2) concerted efforts are necessary to engage business schools, language and area study programs, professional inter- national affairs education programs, public and private sector organizations, and United States business in a mutually pro- ductive relationship which benefits the Nation’s future eco- nomic interests; (3) few linkages presently exist between the manpower and information needs of United States business and the inter- national education, language training and research capacities of institutions of higher education in the United States, and public and private organizations; and (4) organizations such as world trade councils, world trade clubs, chambers of commerce and State departments of com- merce are not adequately used to link universities and busi- ness for joint venture exploration and program development.
(b) PURPOSES.—It is the purpose of this part— (1) to enhance the broad objective of this Act by increasing and promoting the Nation’s capacity for international under- standing and economic enterprise through the provision of suit- able international education and training for business per- sonnel in various stages of professional development; and (2) to promote institutional and noninstitutional edu- cational and training activities that will contribute to the abil- ity of United States business to prosper in an international economy.
SEC.

612. ø20 U.S.C.

1130–1¿ CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.

(a) PROGRAM AUTHORIZED.— (1) PURPOSE.—The purpose of this section is to coordinate the programs of the Federal Government in the areas of re- search, education, and training in international business and trade competitiveness.
(2) IN GENERAL.—The Secretary is authorized to make grants to institutions of higher education, or consortia of such institutions, to pay the Federal share of the cost of planning, establishing and operating centers for international business education which— (A) will be national resources for the teaching of im- proved business techniques, strategies, and methodologies which emphasize the international context in which busi- ness is transacted; (B) will provide instruction in critical foreign lan- guages and international fields needed to provide under- September 8, 2023 As Amended Through P.L.
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612 standing of the cultures and customs of United States trading partners; and (C) will provide research and training in the inter- national aspects of trade, commerce, and other fields of study.
(3) SPECIAL RULE.—In addition to providing training to students enrolled in the institution of higher education in which a center is located, such centers shall serve as regional resources to businesses proximately located by offering pro- grams and providing research designed to meet the inter- national training needs of such businesses.

Such centers shall also serve other faculty, students, and institutions of higher education located within their region.
(b) AUTHORIZED EXPENDITURES.—Each grant made under this section may be used to pay the Federal share of the cost of plan- ning, establishing or operating a center, including the cost of— (1) faculty and staff travel in foreign areas, regions, or countries; (2) teaching and research materials; (3) curriculum planning and development; (4) bringing visiting scholars and faculty to the center to teach or to conduct research; and (5) training and improvement of the staff, for the purpose of, and subject to such conditions as the Secretary finds nec- essary for, carrying out the objectives of this section.
(c) AUTHORIZED ACTIVITIES.— (1) MANDATORY ACTIVITIES.—Programs and activities to be conducted by centers assisted under this section shall in- clude— (A) interdisciplinary programs which incorporate for- eign language and international studies training into busi- ness, finance, management, communications systems, and other professional curricula; (B) interdisciplinary programs which provide business, finance, management, communications systems, and other professional training for foreign language and inter- national studies faculty and degree candidates; (C) programs, such as intensive language programs, available to members of the business community and other professionals which are designed to develop or enhance their international skills, awareness, and expertise; (D) collaborative programs, activities, or research in- volving other institutions of higher education, local edu- cational agencies, professional associations, businesses, firms, or consortia thereof, to promote the development of international skills, awareness, and expertise among cur- rent and prospective members of the business community and other professionals; (E) research designed to strengthen and improve the international aspects of business and professional edu- cation and to promote integrated curricula; and (F) research designed to promote the international competitiveness of American businesses and firms, includ- ing those not currently active in international trade.
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612 HIGHER EDUCATION ACT OF 1965 788 (2) PERMISSIBLE ACTIVITIES.—Programs and activities to be conducted by centers assisted under this section may include— (A) the establishment of overseas internship programs for students and faculty designed to provide training and experience in international business activities, except that no Federal funds provided under this section may be used to pay wages or stipends to any participant who is engaged in compensated employment as part of an internship pro- gram; (B) the establishment of linkages overseas with insti- tutions of higher education and other organizations that contribute to the educational objectives of this section; (C) summer institutes in international business, for- eign area studies, foreign language studies, and other international studies designed to carry out the purposes of subparagraph (A) of this paragraph; (D) the development of opportunities for business stu- dents to study abroad in locations which are important to the existing and future economic well-being of the United States; (E) outreach activities or consortia with business pro- grams located at other institutions of higher education (in- cluding those that are eligible to receive assistance under part A or B of title III or under title V) for the purpose of providing expertise regarding the internationalization of such programs, such as assistance in research, curriculum development, faculty development, or educational exchange programs; (F) programs encouraging the advancement and un- derstanding of technology-related disciplines, including manufacturing software systems and technology manage- ment; and (G) other eligible activities prescribed by the Sec- retary.
(d) ADVISORY COUNCIL.— (1) ESTABLISHMENT.—In order to be eligible for assistance under this section, an institution of higher education, or con- sortium of such institutions, shall establish a center advisory council which will conduct extensive planning prior to the es- tablishment of a center concerning the scope of the center’s ac- tivities and the design of its programs.
(2) MEMBERSHIP ON ADVISORY COUNCIL.—The center advi- sory council shall include— (A) one representative of an administrative depart- ment or office of the institution of higher education; (B) one faculty representative of the business or man- agement school or department of such institution; (C) one faculty representative of the international studies or foreign language school or department of such institution; (D) one faculty representative of another professional school or department of such institution, as appropriate; (E) one or more representatives of local or regional businesses or firms; September 8, 2023 As Amended Through P.L.
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612 (F) one representative appointed by the Governor of the State in which the institution of higher education is lo- cated whose normal responsibilities include official over- sight or involvement in State-sponsored trade-related ac- tivities or programs; and (G) such other individuals as the institution of higher education deems appropriate, such as a representative of a community college in the region served by the center.
(3) MEETINGS.—In addition to the initial planning activi- ties required under subsection (d)(1), the center advisory coun- cil shall meet not less than once each year after the establish- ment of the center to assess and advise on the programs and activities conducted by the center.
(e) GRANT DURATION; FEDERAL SHARE.— (1) DURATION OF GRANTS.—The Secretary shall make grants under this section for a minimum of 3 years unless the Secretary determines that the provision of grants of shorter duration is necessary to carry out the objectives of this section.
(2) FEDERAL SHARE.—The Federal share of the cost of plan- ning, establishing and operating centers under this section shall be— (A) not more than 90 percent for the first year in which Federal funds are received; (B) not more than 70 percent for the second such year; and (C) not more than 50 percent for the third such year and for each such year thereafter.
(3) NON-FEDERAL SHARE.—The non-Federal share of the cost of planning, establishing, and operating centers under this section may be provided either in cash or in-kind.
(4) WAIVER OF NON-FEDERAL SHARE.—In the case of an in- stitution of higher education receiving a grant under this part and conducting outreach or consortia activities with another institution of higher education in accordance with section 612(c)(2)(E), the Secretary may waive a portion of the require- ments for the non-Federal share required in paragraph (2) equal to the amount provided by the institution of higher edu- cation receiving such grant to such other institution of higher education for carrying out such outreach or consortia activities.
Any such waiver shall be subject to such terms and conditions as the Secretary deems necessary for carrying out the purposes of this section.

(f) GRANT CONDITIONS.—Grants under this section shall be made on such conditions as the Secretary determines to be nec- essary to carry out the objectives of this section.
Such conditions shall include— (1) evidence that the institution of higher education, or consortium of such institutions, will conduct extensive plan- ning prior to the establishment of a center concerning the scope of the center’s activities and the design of its programs in accordance with subsection (d)(1); (2) assurance of ongoing collaboration in the establishment and operation of the center by faculty of the business, manage- ment, foreign language, international studies, professional September 8, 2023 As Amended Through P.L.
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613 HIGHER EDUCATION ACT OF 1965 790 international affairs, and other professional schools or depart- ments, as appropriate; (3) assurance that the education and training programs of the center will be open to students concentrating in each of these respective areas, as appropriate, and that diverse per- spectives will be made available to students in programs under this section; and (4) assurance that the institution of higher education, or consortium of such institutions, will use the assistance pro- vided under this section to supplement and not to supplant ac- tivities conducted by institutions of higher education described in subsection (c)(1).
SEC.

613. ø20 U.S.C.

1130a¿ EDUCATION AND TRAINING PROGRAMS.

(a) PROGRAM AUTHORIZED.—The Secretary shall make grants to, and enter into contracts with, institutions of higher education to pay the Federal share of the cost of programs designed to pro- mote linkages between such institutions and the American busi- ness community engaged in international economic activity.
Each program assisted under this section shall both enhance the inter- national academic programs of institutions of higher education and provide appropriate services to the business community which will expand its capacity to engage in commerce abroad.
(b) AUTHORIZED ACTIVITIES.—Eligible activities to be conducted by institutions of higher education pursuant to grants or contracts awarded under this section shall include— (1) innovation and improvement in international education curricula to serve the needs of the business community, includ- ing development of new programs for nontraditional, mid-ca- reer, or part-time students; (2) development of programs to inform the public of in- creasing international economic interdependence and the role of American business within the international economic sys- tem; (3) internationalization of curricula at the junior and com- munity college level, and at undergraduate and graduate schools of business; (4) development of area studies programs, and inter- disciplinary international programs; (5) establishment of export education programs through co- operative arrangements with regional and world trade centers and councils, and with bilateral and multilateral trade associa- tions; (6) research for and development of specialized teaching materials, including language materials, and facilities appro- priate to business-oriented students; (7) establishment of student and faculty fellowships and internships for training and education in international busi- ness activities; (8) development of opportunities for junior business and other professional school faculty to acquire or strengthen inter- national skills and perspectives; (9) development of research programs on issues of common interest to institutions of higher education and private sector September 8, 2023 As Amended Through P.L.
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621 organizations and associations engaged in or promoting inter- national economic activity; (10) the establishment of internships overseas to enable foreign language students to develop their foreign language skills and knowledge of foreign cultures and societies; (11) the establishment of linkages overseas with institu- tions of higher education and organizations that contribute to the educational objectives of this section; and (12) summer institutes in international business, foreign area and other international studies designed to carry out the purposes of this section.
(c) APPLICATIONS.—No grant may be made and no contract may be entered into under this section unless an institution of higher education submits an application to the Secretary at such time and in such manner as the Secretary may reasonably require.
Each such application shall be accompanied by a copy of the agree- ment entered into by the institution of higher education with a business enterprise, trade organization or association engaged in international economic activity, or a combination or consortium of such enterprises, organizations or associations, for the purpose of establishing, developing, improving or expanding activities eligible for assistance under subsection (b) of this section.
Each such appli- cation shall contain assurances that the institution of higher edu- cation will use the assistance provided under this section to supple- ment and not to supplant activities conducted by institutions of higher education described in subsection (b).

Each such application shall include an assurance that, where applicable, the activities funded by the grant will reflect diverse perspectives and a wide range of views on world regions and international affairs.
(d) FEDERAL SHARE.—The Federal share under this part for each fiscal year shall not exceed 50 percent of the cost of such pro- gram.

SEC.

614. ø20 U.S.C.

1130b¿ AUTHORIZATION OF APPROPRIATIONS.

(a) CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.—There are authorized to be appropriated such sums as may be necessary for the fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years to carry out the provisions of section 612.
(b) EDUCATION AND TRAINING PROGRAMS.—There are author- ized to be appropriated such sums as may be necessary for fiscal year 2009, and such sums as may be necessary for the five suc- ceeding fiscal years, to carry out the provisions of section 613.

PART C—INSTITUTE FOR INTERNATIONAL PUBLIC POLICY SEC.

621. ø20 U.S.C.

1131¿ MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary is authorized to award a grant, on a competitive basis, to an eligible recipient to enable such recipient to establish an Institute for International Public Policy (hereafter in this part referred to as the ‘‘Institute’’).

The Institute shall conduct a program to enhance the international competitive- September 8, 2023 As Amended Through P.L.
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622 HIGHER EDUCATION ACT OF 1965 792 ness of the United States by increasing the participation of under- represented populations in the international service, including pri- vate international voluntary organizations and the foreign service of the United States.
Such program shall include a program for such students to study abroad in their junior year, fellowships for graduate study, internships, intensive academic programs such as summer institutes, or intensive language training.

(b) DEFINITION OF ELIGIBLE RECIPIENT.— (1) IN GENERAL.—For the purpose of this part, the term ‘‘eligible recipient’’ means a consortium consisting of 1 or more of the following entities: (A) An institution eligible for assistance under part B of title III of this Act.
(B) A tribally controlled college or university or Alaska Native or Native Hawaiian-serving institution eligible for assistance under part A or B of title III, or an institution eligible for assistance under title V. (C) An institution of higher education that serves sub- stantial numbers of underrepresented minority students.

(D) An institution of higher education with programs in training foreign service professionals.
(2) HOST INSTITUTION.—Each eligible recipient receiving a grant under this section shall designate an institution of high- er education as the host institution for the Institute.

(c) APPLICATION.— (1) IN GENERAL.—Each eligible recipient desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Sec- retary may reasonably require.
(2) CONTENT OF APPLICATION.—Each application submitted under paragraph (1) shall include a description of how the ac- tivities funded by the grant will reflect diverse perspectives and a wide range of views and generate debate on world re- gions and international affairs, where applicable.

(d) DURATION.—Grants made pursuant to this section shall be awarded for a period not to exceed 5 years.
(e) MATCH REQUIRED.—The eligible recipient of a grant under this section shall contribute to the conduct of the program sup- ported by the grant an amount from non-Federal sources equal to at least one-half the amount of the grant, which contribution may be in cash or in kind.

SEC.

622. ø20 U.S.C.

1131–1¿ INSTITUTIONAL DEVELOPMENT.
(a) IN GENERAL.—The Institute shall award grants, from amounts available to the Institute for each fiscal year, to histori- cally Black colleges and universities, Hispanic-serving institutions, tribally controlled colleges or universities, and minority institu- tions, to enable such colleges, universities, and institutions to strengthen international affairs, international business, and foreign language study programs, including the teaching of foreign lan- guages, at such colleges, universities, and institutions, respectively, which may include collaboration with institutions of higher edu- cation that receive funding under this title.
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624 (b) APPLICATION.—No grant may be made by the Institute un- less an application is made by the college, university, or institution at such time, in such manner, and accompanied by such informa- tion as the Institute may require.
(c) DEFINITIONS.—In this section— (1) the term ‘‘Hispanic-serving institution’’ has the mean- ing given the term in section 502; and (2) the term ‘‘minority institution’’ has the meaning given the term in section 365.

SEC.

623. ø20 U.S.C.

1131a¿ STUDY ABROAD PROGRAM.

(a) PROGRAM AUTHORITY.—The Institute shall conduct, by grant or contract, a junior year abroad program.
The junior year abroad program shall be open to eligible students at institutions of higher education, including historically Black colleges and univer- sities, tribally controlled colleges or universities, Alaska Native- serving, Native Hawaiian-serving, and Hispanic-serving institu- tions, and other institutions of higher education with significant minority student populations.

Eligible student expenses shall be shared by the Institute and the institution at which the student is in attendance.
Each student may spend not more than 9 months abroad in a program of academic study, as well as social, familial and political interactions designed to foster an understanding of and familiarity with the language, culture, economics and govern- ance of the host country.
(b) DEFINITION OF ELIGIBLE STUDENT.—For the purpose of this section, the term ‘‘eligible student’’ means a student that is— (1) enrolled full-time in a baccalaureate degree program at an institution of higher education; and (2) entering the third year of study, or completing the third year of study in the case of a summer abroad program, at an institution of higher education which nominates such student for participation in the study abroad program.
(c) SPECIAL RULE.—An institution of higher education desiring to send a student on the study abroad program shall enter into a Memorandum of Understanding with the Institute under which such institution of higher education agrees to— (1) provide the requisite academic preparation for students participating in the study abroad or internship programs; (2) pay one-third the cost of each student it nominates for participation in the study abroad program; and (3) meet such other requirements as the Secretary may from time to time, by regulation, reasonably require.
SEC.

624. ø20 U.S.C.

1131b¿ ADVANCED DEGREE IN INTERNATIONAL RE- LATIONS.

The Institute shall provide, in cooperation with the other mem- bers participating in the eligible recipient consortium, a program of study leading to an advanced degree in international relations, international affairs, international economics, or other academic areas related to the Institute fellow’s career objectives.
The ad- vanced degree study program shall be designed by the consortia, consistent with the fellow’s career objectives, and shall be reviewed and approved by the Secretary.

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625 HIGHER EDUCATION ACT OF 1965 794 to that provided by the National Science Foundation graduate fel- lowships, except such amount shall be adjusted as necessary so as not to exceed the fellow’s demonstrated level of need according to measurement of need approved by the Secretary.
A fellowship re- cipient shall agree to undertake full-time study and to enter the international service (including work with private international voluntary organizations) or foreign service of the United States.

SEC.

625. ø20 U.S.C.

1131c¿ INTERNSHIPS.
(a) IN GENERAL.—The Institute shall enter into agreements with historically Black colleges and universities, tribally controlled colleges or universities, Alaska Native-serving, Native Hawaiian- serving, and Hispanic-serving institutions, other institutions of higher education with significant numbers of minority students, and institutions of higher education with programs in training for- eign service professionals, to provide academic year internships during the junior and senior year and summer internships fol- lowing the sophomore and junior academic years, by work place- ments with international, voluntary or government organizations or agencies, including the Agency for International Development, 81 the Department of State, the International Monetary Fund, the Na- tional Security Council, the Organization of American States, the Export-Import Bank, the Overseas Private Investment Corpora- tion 82, the Department of State, Office of the United States Trade Representative, the World Bank, and the United Nations.
(b) POSTBACCALAUREATE INTERNSHIPS.—The Institute shall enter into agreements with institutions of higher education de- scribed in the first sentence of subsection (a) to conduct internships for students who have completed study for a baccalaureate degree.
The internship program authorized by this subsection shall— (1) assist the students to prepare for a master’s degree pro- gram; (2) be carried out with the assistance of the Woodrow Wil- son International Center for Scholars; and (3) contain work experience for the students designed to contribute to the students’ preparation for a master’s degree program.
(c) INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTER- NATIONAL AFFAIRS.— (1) ESTABLISHMENT.—There is established in the executive branch of the Federal Government an Interagency Committee on Minority Careers in International Affairs composed of not less than 7 members, including— 81 The apparent intention of section 616(1)(D) of the Higher Education Opportunity Act (P.L.

110–315) was to replace ‘‘the United States Information Agency’’ with ‘‘the Department of State’’.
However, the reference to ‘‘United States Information Agency’’ was apparently deleted by section 1335(j) of division G of Public Law 105–277.

82 Section 1470(i) of the BUILD Act of 2018 (division F of Public Law 115-254) provides for an amendment to strike ‘‘Overseas Private Investment Corporation’’ and insert ‘‘United States International Development Finance Corporation’’.

Section 1470(w) of such Act states ‘‘The amendments made by this section shall take effect at the end of the transition period.’’.
Section 1461(2) of such Act defines the term ‘‘transition period’’ as follows: ‘‘The term ‘transition period’ means the period—(A) beginning on the date of the enactment of this Act; and (B) ending on the effective date of the reorganization plan required by section 1462(e).’’.

For details relating to the reorganization plan, see section 1462(e) of such Act.

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626 (A) the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs, or the designee of that Under Secretary; (B) the Assistant Secretary and Director General, of the United States and Foreign Commercial Service of the Department of Commerce, or the Assistant Secretary and Director General’s designee; (C) the Under Secretary of Defense for Personnel and Readiness of the Department of Defense, or the Under Sec- retary’s designee; (D) the Assistant Secretary for Postsecondary Edu- cation in the Department of Education, or the Assistant Secretary’s designee; (E) the Director General of the Foreign Service of the Department of State, or the Director General’s designee; and (F) the General Counsel of the Agency for Inter- national Development, or the General Counsel’s designee.
(2) FUNCTIONS.—The Interagency Committee established by this section shall— (A) on an annual basis inform the Secretary and the Institute regarding ways to advise students participating in the internship program assisted under this section with respect to goals for careers in international affairs; (B) locate for students potential internship opportuni- ties in the Federal Government related to international af- fairs; and (C) promote policies in each department and agency participating in the Committee that are designed to carry out the objectives of this part.
SEC.

626. ø20 U.S.C.

1131c–1¿ FINANCIAL ASSISTANCE.

(a) AUTHORITY.—The Institute may provide financial assist- ance, in the form of summer stipends described in subsection (b) and Ralph Bunche scholarship assistance described in subsection (c), to low-income students to facilitate the participation of the stu- dents in the Institute’s programs under this part.
(b) SUMMER STIPENDS.— (1) REQUIREMENTS.—A student receiving a summer stipend under this section shall use such stipend to defray the stu- dent’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 participa- tion in such program.

(2) AMOUNT.—A summer stipend awarded to a student under this section shall not exceed $3,000 per summer.
(c) RALPH BUNCHE SCHOLARSHIP.— (1) REQUIREMENTS.—A student receiving a Ralph Bunche scholarship under this section— (A) shall be a full-time student at an institution of higher education who is accepted into a program funded under this part; and (B) shall use such scholarship to pay costs related to the cost of attendance, as defined in section 472, at the in- September 8, 2023 As Amended Through P.L.
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627 HIGHER EDUCATION ACT OF 1965 796 stitution of higher education in which the student is en- rolled.

(2) AMOUNT AND DURATION.—A Ralph Bunche scholarship awarded to a student under this section shall not exceed $5,000 per academic year.

SEC.

627. ø20 U.S.C.

1131d¿ REPORT.


The Institute shall prepare a report once every two years on the activities of the Institute and shall submit such report to the Secretary of Education and the Secretary of State.

SEC.

628. ø20 U.S.C.

1131e¿ GIFTS AND DONATIONS.


The Institute is authorized to receive money and other prop- erty donated, bequeathed, or devised to the Institute with or with- out a condition of restriction, for the purpose of providing financial support for the fellowships or underwriting the cost of the Junior Year Abroad Program.
All funds or property given, devised, or be- queathed shall be retained in a separate account, and an account- ing of those funds and property shall be included in the report de- scribed in section 627.

SEC.

629. ø20 U.S.C.

1131f¿ AUTHORIZATION.

There is authorized to be appropriated such sums as may be necessary for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years to carry out this part.

PART D—GENERAL PROVISIONS SEC.

631. ø20 U.S.C.

1132¿ DEFINITIONS.
(a) DEFINITIONS.—As used in this title— (1) the term ‘‘area studies’’ means a program of com- prehensive study of the aspects of a society or societies, includ- ing study of its history, culture, economy, politics, international relations and languages; (2) the term ‘‘comprehensive foreign language and area or international studies center’’ means an administrative unit of a university that contributes significantly to the national inter- est in advanced research and scholarship, employs a critical mass of scholars in diverse disciplines related to a geographic concentration, offers intensive language training in languages of its area specialization, maintains important library collec- tions related to the area, and makes training available in lan- guage and area studies to a graduate, postgraduate, and un- dergraduate clientele; and 83 (3) the term ‘‘educational programs abroad’’ means pro- grams of study, internships, or service learning outside the United States which are part of a foreign language or other international curriculum at the undergraduate or graduate education levels; (4) the term ‘‘export education’’ means educating, teaching and training to provide general knowledge and specific skills pertinent to the selling of goods and services to other countries, September 8, 2023 As Amended Through P.L.
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632 including knowledge of market conditions, financial arrange- ments, laws and procedures; (5) the term ‘‘historically Black college and university’’ has the meaning given the term ‘‘part B institution’’ in section 322; (6) the term ‘‘institution of higher education’’ means, in ad- dition to institutions which meet the definition of section 101 of this Act, institutions which meet the requirements of section 101 of this Act except that (1) they are not located in the United States, and (2) they apply for assistance under this title in consortia with institutions which meet the definition of sec- tion 101 of this Act; (7) the term ‘‘international business’’ means profit-oriented business relationships conducted across national boundaries and includes activities such as the buying and selling of goods, investments in industries, the licensing of processes, patents and trademarks, and the supply of services; (8) the term ‘‘internationalization of curricula’’ means the incorporation of international or comparative perspectives in existing courses of study or the addition of new components to the curricula to provide an international context for American business education; (9) the term ‘‘tribally controlled college or university’’ has the meaning given the term in section 2 of the Tribally Con- trolled Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1801); and (10) the term ‘‘undergraduate foreign language and area or international studies center’’ means an administrative unit of an institution of higher education, including but not limited to 4-year colleges, that contributes significantly to the national interest through the education and training of students who matriculate into advanced language and area studies pro- grams, professional school programs, or incorporates substan- tial international and foreign language content into bacca- laureate degree programs, engages in research, curriculum de- velopment and community outreach activities designed to broaden international and foreign language knowledge, em- ploys faculty with strong language, area, and international studies credentials, maintains library holdings, including basic reference works, journals, and works in translation, and makes training available predominantly to undergraduate students.
(b) SPECIAL CONDITIONS.—All references to individuals or orga- nizations, unless the context otherwise requires, mean individuals who are citizens or permanent residents of the United States or or- ganizations which are organized or incorporated in the United States.

SEC.

632. ø20 U.S.C.

1132–1¿ SPECIAL RULE.


The Secretary may waive or reduce the non-Federal share re- quired under this title for institutions that— (1) are eligible to receive assistance under part A or B of title III or under title V; and (2) have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as deter- mined by the Secretary.

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633 HIGHER EDUCATION ACT OF 1965 798 SEC.

633. ø20 U.S.C.

1132–2¿ RULE OF CONSTRUCTION.


Nothing in this title shall be construed to authorize the Sec- retary to mandate, direct, or control an institution of higher edu- cation’s specific instructional content, curriculum, or program of in- struction.

SEC.

634. ø20 U.S.C.

1132–3¿ ASSESSMENT.

The Secretary is authorized to assess and ensure compliance with all the conditions and terms of grants provided under this title.

SEC.

635. ø20 U.S.C.

1132–4¿ EVALUATION, OUTREACH, AND INFORMA- TION.


The Secretary may use not more than one percent of the funds made available under this title to carry out program evaluation, national outreach, and information dissemination activities relating to the programs authorized under this title.

SEC.

636. ø20 U.S.C.

1132–5¿ REPORT.


The Secretary shall, in consultation and collaboration with the Secretary of State, the Secretary of Defense, and the heads of other relevant Federal agencies, submit a report once every two years that identifies areas of national need in foreign language, area, and international studies as such studies relate to government, edu- cation, business, and nonprofit needs, and a plan to address those needs.
The report shall be provided to the authorizing committees and made available to the public.

SEC.

637. ø20 U.S.C.

1132–6¿ SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION GRANT PROGRAM.
(a) PURPOSE.—It is the purpose of this section to support pro- grams in institutions of higher education that— (1) encourage students to develop— (A) an understanding of science and technology; and (B) foreign language proficiency; (2) foster future international scientific collaboration; (3) provide for professional development opportunities for elementary school and secondary school teachers of critical for- eign languages to increase the number of highly qualified teachers in critical foreign languages; and (4) increase the number of United States students who achieve the highest level of proficiency in foreign languages critical to the security and competitiveness of the Nation.
(b) DEVELOPMENT.—The Secretary shall develop a program for the awarding of grants to institutions of higher education that de- velop innovative programs for the teaching of foreign languages, which may include the preparation of teachers to teach foreign lan- guages.

(c) REGULATIONS AND REQUIREMENTS.—The Secretary shall promulgate regulations for the awarding of grants under subsection (b).
Such regulations may require institutions of higher education to use grant funds for, among other things— (1) the development of an on-campus cultural awareness program by which students attend classes taught in a foreign language and study the science and technology developments and practices in a non-English speaking country; September 8, 2023 As Amended Through P.L.
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638 (2) immersion programs where students take science or technology related course work in a non-English speaking country; (3) other programs, such as summer workshops, that em- phasize the intense study of a foreign language and science technology; (4) if applicable, recruiting highly qualified teachers in critical foreign languages, and providing professional develop- ment activities for such teachers at the elementary school and secondary school levels; and (5) providing innovative opportunities for students that will allow for critical language learning, such as immersion en- vironments, intensive study opportunities, internships, and dis- tance learning.
(d) GRANT DISTRIBUTION.—In distributing grants to institu- tions of higher education under this section, the Secretary shall give priority to— (1) institutions that have programs focusing on curricula that combine the study of foreign languages and the study of science and technology and produce graduates who have both skills; and (2) institutions teaching critical foreign languages.
(e) REPORT ON BEST PRACTICES.—Not later than one year after the date of enactment of this section, the Secretary shall— (1) conduct a study to identify the best practices to strengthen the role of institutions of higher education that re- ceive funding under title III or title V in increasing the critical foreign language education efforts in the United States; and (2) submit a report on the results of such study to the au- thorizing committees.
(f) APPROPRIATIONS AUTHORIZED.—There are authorized to be appropriated to carry out this section, such sums as may be nec- essary for fiscal year 2009 and for each subsequent fiscal year.

SEC.

638. ø20 U.S.C.

1132–7¿ REPORTING BY INSTITUTIONS.
(a) APPLICABILITY.—The data requirement in subsection (b) shall apply to an institution of higher education that receives funds for a center or program under this title if— (1) the amount of the contribution (including cash and the fair market value of any property) received from any foreign government or from a foreign private sector corporation or foundation during any fiscal year exceeds $250,000 in the ag- gregate; and (2) the aggregate contribution, or a significant part of the aggregate contribution, is to be used by a center or program re- ceiving funds under this title.
(b) DATA REQUIRED.—The Secretary shall require an institu- tion of higher education referred to in subsection (a) to report infor- mation listed in subsection (a) to the Secretary consistent with the requirements of section 117.

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700 HIGHER EDUCATION ACT OF 1965 800 TITLE VII—GRADUATE AND POSTSEC- ONDARY IMPROVEMENT PROGRAMS SEC.

700. ø20 U.S.C.

1133¿ PURPOSE.
It is the purpose of this title— (1) to authorize national graduate fellowship programs— (A) in order to attract students of superior ability and achievement, exceptional promise, and demonstrated fi- nancial need, into high-quality graduate programs and provide the students with the financial support necessary to complete advanced degrees; and (B) that are designed to— (i) sustain and enhance the capacity for graduate education in areas of national need, including those areas critical to United States national and homeland security needs, such as science, technology, engineer- ing, and mathematics; and (ii) encourage talented students to pursue schol- arly careers in the humanities, social sciences, and the arts; and (2) to promote postsecondary programs.
PART A—GRADUATE EDUCATION PROGRAMS Subpart 1—Jacob K. Javits Fellowship Program SEC.

701. ø20 U.S.C.

1134¿ AWARD OF JACOB K. JAVITS FELLOWSHIPS.

(a) AUTHORITY AND TIMING OF AWARDS.—The Secretary is au- thorized to award fellowships in accordance with the provisions of this subpart for graduate study in the arts, humanities, and social sciences by students of superior ability selected on the basis of demonstrated achievement, financial need, and exceptional prom- ise.
The fellowships shall be awarded to students who are eligible to receive any grant, loan, or work assistance pursuant to section 484 and intend to pursue a doctoral degree, except that fellowships may be granted to students pursuing a master’s degree in those fields in which the master’s degree is the terminal highest degree awarded in the area of study.
All funds appropriated in a fiscal year shall be obligated and expended to the students for fellow- ships for use in the academic year beginning after July 1 of the fis- cal year following the fiscal year for which the funds were appro- priated.

The fellowships shall be awarded for only 1 academic year of study and shall be renewable for a period not to exceed 4 years of study.

(b) DESIGNATION OF FELLOWS.—Students receiving awards under this subpart shall be known as ‘‘Jacob K. Javits Fellows’’.
(c) INTERRUPTIONS OF STUDY.—The institution of higher edu- cation may allow a fellowship recipient to interrupt periods of study for a period not to exceed 12 months for the purpose of work, travel, or independent study away from the campus, if such inde- pendent study is supportive of the fellowship recipient’s academic program and shall continue payments for those 12-month periods September 8, 2023 As Amended Through P.L.
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702 during which the student is pursuing travel or independent study supportive of the recipient’s academic program.
In the case of other exceptional circumstances, such as active duty military service or personal or family member illness, the institution of higher edu- cation may also permit the fellowship recipient to interrupt periods of study for the duration of the tour of duty (in the case of military service) or for not more than 12 months (in any other case), but without payment of the stipend.
(d) PROCESS AND TIMING OF COMPETITION.—The Secretary shall make applications for fellowships under this part available not later than October 1 of the academic year preceding the aca- demic year for which fellowships will be awarded, and shall an- nounce the recipients of fellowships under this section not later than March 1 of the academic year preceding the academic year for which the fellowships are awarded.
(e) AUTHORITY TO CONTRACT.—The Secretary is authorized to enter into a contract with a nongovernmental agency to administer the program assisted under this part if the Secretary determines that entering into the contract is an efficient means of carrying out the program.

SEC.

702. ø20 U.S.C.

1134a¿ ALLOCATION OF FELLOWSHIPS.


(a) FELLOWSHIP BOARD.— (1) APPOINTMENT.— (A) IN GENERAL.—The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (referred to in this subpart as the ‘‘Board’’) consisting of 9 individuals representative of both public and private institutions of higher education who are especially qualified to serve on the Board.
(B) QUALIFICATIONS.—In making appointments under subparagraph (A), the Secretary shall— (i) give due consideration to the appointment of in- dividuals who are highly respected in the academic community; (ii) appoint members who represent the various geographic regions of the United States; (iii) ensure that individuals appointed to the Board are broadly representative of a range of dis- ciplines in graduate education in arts, humanities, and social sciences; and (iv) ensure that such individuals include rep- resentatives from institutions that are eligible for one or more of the grants under title III or V. (2) DUTIES.—The Board shall— (A) establish general policies for the program estab- lished by this subpart and oversee the program’s oper- ation; (B) establish general criteria for the award of fellow- ships in academic fields identified by the Board, or, in the event that the Secretary enters into a contract with a non- governmental entity to administer the program assisted under this subpart, by such nongovernmental entity; September 8, 2023 As Amended Through P.L.
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702 HIGHER EDUCATION ACT OF 1965 802 (C) appoint panels of academic scholars with distin- guished backgrounds in the arts, humanities, and social sciences for the purpose of selecting fellows, except that, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program, such panels may be appointed by such nongovernmental entity; and (D) prepare and submit to the Congress at least once in every 3-year period a report on any modifications in the program that the Board determines are appropriate.
(3) CONSULTATIONS.—In carrying out its responsibilities, the Board shall consult on a regular basis with representatives of the National Science Foundation, the National Endowment for the Humanities, the National Endowment for the Arts, and representatives of institutions of higher education and associa- tions of such institutions, learned societies, and professional or- ganizations.
(4) TERM.—The term of office of each member of the Board shall be 4 years, except that any member appointed to fill a va- cancy shall serve for the remainder of the term for which the predecessor of the member was appointed.

No member may serve for a period in excess of 6 years.
(5) INITIAL MEETING; VACANCY.—The Secretary shall call the first meeting of the Board, at which the first order of busi- ness shall be the election of a Chairperson and a Vice Chair- person, who shall serve until 1 year after the date of the ap- pointment of the Chairperson and Vice Chairperson.

There- after each officer shall be elected for a term of 2 years.

In case a vacancy occurs in either office, the Board shall elect an indi- vidual from among the members of the Board to fill such va- cancy.
(6) QUORUM; ADDITIONAL MEETINGS.—(A) A majority of the members of the Board shall constitute a quorum.

(B) The Board shall meet at least once a year or more fre- quently, as may be necessary, to carry out the Board’s respon- sibilities.
(7) COMPENSATION.—Members of the Board, while serving on the business of the Board, shall be entitled to receive com- pensation at rates fixed by the Secretary, but not exceeding the rate of basic pay payable for level IV of the Executive Sched- ule, including travel time, and while so serving away from their homes or regular places of business, the members may be allowed travel expenses, including per diem in lieu of subsist- ence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermit- tently.
(b) USE OF SELECTION PANELS.—The recipients of fellowships shall be selected in each designated field from among all applicants nationwide in each field by distinguished panels appointed by the Board to make such selections under criteria established by the Board, except that, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program, such panels may be appointed by such nongovernmental entity.
The number of recipients in each field in each year shall not exceed September 8, 2023 As Amended Through P.L.

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704 the number of fellows allocated to that field for that year by the Board.
(c) FELLOWSHIP PORTABILITY.—Each recipient shall be entitled to use the fellowship in a graduate program at any accredited insti- tution of higher education in which the recipient may decide to en- roll.

SEC.

703. ø20 U.S.C.

1134b¿ STIPENDS.


(a) AWARD BY SECRETARY.—The Secretary shall pay to individ- uals awarded fellowships under this subpart such stipends as the Secretary may establish, reflecting the purpose of this program to encourage highly talented students to undertake graduate study as described in this subpart.
In the case of an individual who receives such individual’s first stipend under this subpart in academic year 2009–2010 or any succeeding academic year, such stipend shall be set at a level of support equal to that provided by the National Science Foundation Graduate Research Fellowship Program for such academic year, except such amount shall be adjusted as nec- essary so as not to exceed the fellow’s demonstrated level of need determined in accordance with part F of title IV.
(b) INSTITUTIONAL PAYMENTS.— (1) IN GENERAL.—(A) The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the in- stitution of higher education, for each individual awarded a fel- lowship under this subpart at such institution, an institutional allowance.
Except as provided in subparagraph (B), such allow- ance shall be, for academic year 2009–2010 and succeeding academic years, the same amount as the institutional payment made for academic year 2008–2009, adjusted for academic year 2009–2010 and annually thereafter in accordance with infla- tion as determined by the Department of Labor’s Consumer Price Index for the previous calendar year.
(B) The institutional allowance paid under subparagraph (A) shall be reduced by the amount the institution charges and collects from a fellowship recipient for tuition and other ex- penses as part of the recipient’s instructional program.
(2) SPECIAL RULES.—(A) Beginning March 1, 1992, any ap- plicant for a fellowship under this subpart who has been noti- fied in writing by the Secretary that such applicant has been selected to receive such a fellowship and is subsequently noti- fied that the fellowship award has been withdrawn, shall re- ceive such fellowship unless the Secretary subsequently makes a determination that such applicant submitted fraudulent in- formation on the application.
(B) Subject to the availability of appropriations, amounts payable to an institution by the Secretary pursuant to this sub- section shall not be reduced for any purpose other than the purposes specified under paragraph (1).

SEC.

704. ø20 U.S.C.

1134c¿ FELLOWSHIP CONDITIONS.


(a) REQUIREMENTS FOR RECEIPT.—An individual awarded a fel- lowship under the provisions of this subpart shall continue to re- ceive payments provided in section 703 only during such periods as the Secretary finds that such individual is maintaining satisfactory proficiency in, and devoting essentially full time to, study or re- September 8, 2023 As Amended Through P.L.
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705 HIGHER EDUCATION ACT OF 1965 804 search in the field in which such fellowship was awarded, in an in- stitution of higher education, and is not engaging in gainful em- ployment other than part-time employment by such institution in teaching, research, or similar activities, approved by the Secretary.
(b) REPORTS FROM RECIPIENTS.—The Secretary is authorized to require reports containing such information in such form and filed at such times as the Secretary determines necessary from any per- son awarded a fellowship under the provisions of this subpart.
The reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, library, archive, or other research center approved by the Secretary, stating that such individual is making satisfactory progress in, and is devoting es- sentially full time to the program for which the fellowship was awarded.

SEC.

705. ø20 U.S.C.

1134d¿ AUTHORIZATION OF APPROPRIATIONS.


There are authorized to be appropriated $30,000,000 for fiscal year 2009 and each of the five succeeding fiscal years to carry out this subpart.

Subpart 2—Graduate Assistance in Areas of National Need SEC.

711. ø20 U.S.C.

1135¿ GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS OF INSTITUTIONS.
(a) GRANT AUTHORITY.— (1) IN GENERAL.—The Secretary shall make grants to aca- demic departments, programs and other academic units of in- stitutions of higher education that provide courses of study leading to a graduate degree, including a master’s or doctoral degree, in order to enable such institutions to provide assist- ance to graduate students in accordance with this subpart.
(2) ADDITIONAL GRANTS.—The Secretary may also make grants to such departments, programs and other academic units of institutions of higher education granting graduate de- grees which submit joint proposals involving nondegree grant- ing institutions which have formal arrangements for the sup- port of doctoral dissertation research with degree-granting in- stitutions.
Nondegree granting institutions eligible for awards as part of such joint proposals include any organization which— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986, and is exempt from tax under sec- tion 501(a) of such Code; (B) is organized and operated substantially to conduct scientific and cultural research and graduate training pro- grams; (C) is not a private foundation; (D) has academic personnel for instruction and coun- seling who meet the standards of the institution of higher education in which the students are enrolled; and (E) has necessary research resources not otherwise readily available in such institutions to such students.
(b) AWARD AND DURATION OF GRANTS.— September 8, 2023 As Amended Through P.L.

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712 (1) AWARDS.—The principal criterion for the award of grants shall be the relative quality of the graduate programs presented in competing applications.
Consistent with an alloca- tion of awards based on quality of competing applications, the Secretary shall, in awarding such grants, promote an equitable geographic distribution among eligible public and private insti- tutions of higher education.

(2) DURATION AND AMOUNT.— (A) DURATION.—The Secretary shall award a grant under this subpart for a period of 3 years.
(B) AMOUNT.—The Secretary shall award a grant to an academic department, program or unit of an institution of higher education under this subpart for a fiscal year in an amount that is not less than $100,000 and not greater than $750,000.
(3) REALLOTMENT.—Whenever the Secretary determines that an academic department, program or unit of an institution of higher education is unable to use all of the amounts avail- able to the department, program or unit under this subpart, the Secretary shall, on such dates during each fiscal year as the Secretary may fix, reallot the amounts not needed to aca- demic departments, programs and units of institutions which can use the grants authorized by this subpart.
(c) PREFERENCE TO CONTINUING GRANT RECIPIENTS.— (1) IN GENERAL.—The Secretary shall make new grant awards under this subpart only to the extent that each pre- vious grant recipient under this subpart has received contin- ued funding in accordance with subsection (b)(2)(A).
(2) RATABLE REDUCTION.—To the extent that appropria- tions under this subpart are insufficient to comply with para- graph (1), available funds shall be distributed by ratably reduc- ing the amounts required to be awarded under subsection (b)(2)(A).

SEC.

712. ø20 U.S.C.

1135a¿ INSTITUTIONAL ELIGIBILITY.


(a) ELIGIBILITY CRITERIA.—Any academic department, program or unit of an institution of higher education that offers a program of postbaccalaureate study leading to a graduate degree, including a master’s or doctoral degree, in an area of national need (as des- ignated under subsection (b)) may apply for a grant under this sub- part.
No department, program or unit shall be eligible for a grant unless the program of postbaccalaureate study has been in exist- ence for at least 4 years at the time of application for assistance under this subpart.
(b) DESIGNATION OF AREAS OF NATIONAL NEED.—After con- sultation with appropriate Federal and nonprofit agencies and or- ganizations, including the National Science Foundation, the De- partment of Defense, the Department of Homeland Security, the National Academy of Sciences, and the Bureau of Labor Statistics, the Secretary shall designate areas of national need.
In making such designations, the Secretary shall take into consideration— (1) the extent to which the interest in the area is compel- ling; September 8, 2023 As Amended Through P.L.

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713 HIGHER EDUCATION ACT OF 1965 806 (2) the extent to which other Federal programs support postbaccalaureate study in the area concerned; (3) an assessment of how the program may achieve the most significant impact with available resources; and (4) an assessment of current (as of the time of the designa- tion) and future professional workforce needs of the United States.

SEC.

713. ø20 U.S.C.

1135b¿ CRITERIA FOR APPLICATIONS.


(a) SELECTION OF APPLICATIONS.—The Secretary shall make grants to academic departments, programs and units of institutions of higher education on the basis of applications submitted in ac- cordance with subsection (b).

Applications shall be ranked on pro- gram quality by review panels of nationally recognized scholars and evaluated on the quality and effectiveness of the academic pro- gram and the achievement and promise of the students to be served.
To the extent possible (consistent with other provisions of this section), the Secretary shall make awards that are consistent with recommendations of the review panels.
(b) CONTENTS OF APPLICATIONS.—An academic department, program or unit of an institution of higher education, in the depart- ment, program or unit’s application for a grant, shall— (1) describe the current academic program of the applicant for which the grant is sought; (2) provide assurances that the applicant will provide, from other non-Federal sources, for the purposes of the fellow- ship program under this subpart an amount equal to at least 25 percent of the amount of the grant received under this sub- part, which contribution may be in cash or in kind, fairly val- ued; (3) set forth policies and procedures to assure that, in making fellowship awards under this subpart, the institution will seek talented students from traditionally underrep- resented backgrounds, as determined by the Secretary; (4) describe the number, types, and amounts of the fellow- ships that the applicant intends to offer with grant funds pro- vided under this part; (5) set forth policies and procedures to assure that, in making fellowship awards under this subpart, the institution will make awards to individuals who— (A) have financial need, as determined under part F of title IV; (B) have excellent academic records in their previous programs of study; and (C) plan to pursue the highest possible degree avail- able in their course of study at the institution; (6) set forth policies and procedures to ensure that Federal funds made available under this subpart for any fiscal year will be used to supplement and, to the extent practical, in- crease the funds that would otherwise be made available for the purpose of this subpart and in no case to supplant those funds; (7) provide assurances that, in the event that funds made available to the academic department, program or unit under September 8, 2023 As Amended Through P.L.
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714 this subpart are insufficient to provide the assistance due a student under the commitment entered into between the aca- demic department, program or unit and the student, the aca- demic department, program or unit will, from any funds avail- able to the department, program or unit, fulfill the commit- ment to the student; (8) provide that the applicant will comply with the limita- tions set forth in section 715; (9) provide assurances that the academic department will provide at least 1 year of supervised training in instruction for students; and (10) include such other information as the Secretary may prescribe.
SEC.

714. ø20 U.S.C.

1135c¿ AWARDS TO GRADUATE STUDENTS.
(a) COMMITMENTS TO GRADUATE STUDENTS.— (1) IN GENERAL.—An academic department, program or unit of an institution of higher education shall make commit- ments to graduate students who are eligible students under section 484 (including students pursuing a doctoral degree after having completed a master’s degree program at an insti- tution of higher education) at any point in their graduate study to provide stipends for the length of time necessary for a stu- dent to complete the course of graduate study, but in no case longer than 5 years.
(2) SPECIAL RULE.—No such commitments shall be made to students under this subpart unless the academic department, program or unit has determined adequate funds are available to fulfill the commitment from funds received or anticipated under this subpart, or from institutional funds.

(b) AMOUNT OF STIPENDS.—The Secretary shall make pay- ments to institutions of higher education for the purpose of paying stipends to individuals who are awarded fellowships under this subpart.
The stipends the Secretary establishes shall reflect the purpose of the program under this subpart to encourage highly tal- ented students to undertake graduate study as described in this subpart.
In the case of an individual who receives such individual’s first stipend under this subpart in academic year 2009–2010 or any succeeding academic year, such stipend shall be set at a level of support equal to that provided by the National Science Foundation Graduate Research Fellowship Program for such academic year, ex- cept such amount shall be adjusted as necessary so as not to exceed the fellow’s demonstrated level of need as determined under part F of title IV.
(c) TREATMENT OF INSTITUTIONAL PAYMENTS.—An institution of higher education that makes institutional payments for tuition and fees on behalf of individuals supported by fellowships under this subpart in amounts that exceed the institutional payments made by the Secretary pursuant to section 715(a) may count such excess toward the amounts the institution is required to provide pursuant to section 713(b)(2).
(d) ACADEMIC PROGRESS REQUIRED.—Notwithstanding the pro- visions of subsection (a), no student shall receive an award— September 8, 2023 As Amended Through P.L.

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715 HIGHER EDUCATION ACT OF 1965 808 (1) except during periods in which such student is main- taining satisfactory progress in, and devoting essentially full time to, study or research in the field in which such fellowship was awarded; or (2) if the student is engaging in gainful employment other than part-time employment involved in teaching, research, or similar activities determined by the institution to be in support of the student’s progress towards a degree.

SEC.

715. ø20 U.S.C.


1135d¿ ADDITIONAL ASSISTANCE FOR COST OF EDUCATION.

(a) INSTITUTIONAL PAYMENTS.— (1) IN GENERAL.—The Secretary shall (in addition to sti- pends paid to individuals under this subpart) pay to the insti- tution of higher education, for each individual awarded a fel- lowship under this subpart at such institution, an institutional allowance.
Except as provided in paragraph (2), such allowance shall be, for 2009–2010 and succeeding academic years, the same amount as the institutional payment made for 2008–2009 adjusted annually thereafter in accordance with inflation as determined by the Department of Labor’s Consumer Price Index for the previous calendar year.
(2) REDUCTION.—The institutional allowance paid under paragraph (1) shall be reduced by the amount the institution charges and collects from a fellowship recipient for tuition and other expenses as part of the recipient’s instructional program.

(b) USE FOR OVERHEAD PROHIBITED.—Funds made available pursuant to this subpart may not be used for the general oper- ational overhead of the academic department or program.

SEC.

716. ø20 U.S.C.

1135e¿ AUTHORIZATION OF APPROPRIATIONS.


There are authorized to be appropriated $35,000,000 for fiscal year 2009 and each of the five succeeding fiscal years to carry out this subpart.

Subpart 3—Thurgood Marshall Legal Educational Opportunity Program SEC.

721. ø20 U.S.C.

1136¿ LEGAL EDUCATIONAL OPPORTUNITY PRO- GRAM.


(a) PROGRAM AUTHORITY.—The Secretary shall carry out a pro- gram to be known as the ‘‘Thurgood Marshall Legal Educational Opportunity Program’’ designed to provide low-income, minority, or disadvantaged secondary school and college students with the in- formation, preparation, and financial assistance to gain access to and complete law school study and admission to law practice.
(b) ELIGIBILITY.—A secondary school student or college student is eligible for assistance under this section if the student is— (1) from a low-income family; (2) a minority; or (3) from an economically or otherwise disadvantaged back- ground.

(c) CONTRACT OR GRANT AUTHORIZED.—The Secretary is au- thorized to enter into a contract with, or make a grant to, the September 8, 2023 As Amended Through P.L.
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721 Council on Legal Education Opportunity, for a period of not less than 5 years— (1) to identify secondary school and college students who are from low-income families, are minorities, or are from dis- advantaged backgrounds described in subsection (b)(3); (2) to prepare such students for successful completion of a baccalaureate degree and for study at accredited law schools, and to assist them with the development of analytical skills, writing skills, and study methods to enhance the students’ suc- cess in, and promote the students’ admission to and completion of, law school; (3) to assist such students to select the appropriate law school, make application for entry into law school, and receive financial assistance for such study; (4) to provide support services to such students who are first-year law students to improve retention and success in law school studies; (5) to motivate and prepare such students— (A) with respect to law school studies and practice in low-income communities; and (B) to provide legal services to low-income individuals and families; and (6) to award Thurgood Marshall Fellowships to eligible law school students— (A) who participated in summer institutes under sub- section (d)(6) and who are enrolled in an accredited law school; or (B) who have successfully completed a comparable summer institute program that is certified by the Council on Legal Education Opportunity.
(d) SERVICES PROVIDED.—In carrying out the purposes de- scribed in subsection (c), the contract or grant shall provide for the delivery of services through pre-college programs, undergraduate prelaw information resource centers, summer institutes, midyear seminars, and other educational activities, conducted under this section.
Such services may include— (1) information and counseling regarding— (A) accredited law school academic programs, espe- cially tuition, fees, and admission requirements; (B) course work offered and required for law school graduation; (C) faculty specialties and areas of legal emphasis; and (D) pre-college and undergraduate preparatory courses in analytical and writing skills, study methods, and course selection; (2) summer academic programs for secondary school stu- dents who have expressed interest in a career in the law; (3) tutoring and academic counseling, including assistance in preparing for bar examinations; (4) prelaw mentoring programs, involving law school faculty, members of State and local bar associations, and re- tired and sitting judges, justices, and magistrates; (5) assistance in identifying preparatory courses and material for the law school aptitude or admissions tests; September 8, 2023 As Amended Through P.L.
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723 HIGHER EDUCATION ACT OF 1965 810 (6) summer institutes for Thurgood Marshall Fellows that expose the Fellows to a rigorous curriculum that emphasizes abstract thinking, legal analysis, research, writing, and exam- ination techniques; and (7) midyear seminars and other educational activities that are designed to reinforce reading, writing, and studying skills of Thurgood Marshall Fellows and Associates.
(e) DURATION OF THE PROVISION OF SERVICES.—The services described in subsection (d) may be provided— (1) prior to the period of law school study, including before and during undergraduate study; (2) during the period of law school study; and (3) during the period following law school study and prior to taking a bar examination.
(f) SUBCONTRACTS AND SUBGRANTS.—For the purposes of plan- ning, developing, or delivering one or more of the services described in subsection (d), the Council on Legal Education Opportunity shall enter into subcontracts with, and make subgrants to, institutions of higher education, law schools, public and private agencies and organizations, national and State bar associations, and combina- tions of such institutions, schools, agencies, organizations, and as- sociations.
(g) FELLOWSHIPS AND STIPENDS.—The Secretary shall annually establish the maximum fellowship to be awarded, and the max- imum stipend to be paid (including allowances for participant trav- el and for the travel of the dependents of the participant), to Thurgood Marshall Fellows or Associates for the period of partici- pation in summer institutes, midyear seminars, and bar prepara- tion seminars.
A Thurgood Marshall Fellow or Associate may be el- igible for such a fellowship or stipend only if the Fellow or Asso- ciate maintains satisfactory academic progress toward the Juris Doctor or Bachelor of Laws degree, as determined by the respective institutions (except with respect to a law school graduate enrolled in a bar preparation course).
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2009 and each of the five succeeding fiscal years.

Subpart 4—Masters Degree Programs at Histori- cally Black Colleges and Universities and Pre- dominantly Black Institutions SEC.

723. ø20 U.S.C.

1136a¿ MASTERS DEGREE PROGRAMS AT HISTORI- CALLY BLACK COLLEGES AND UNIVERSITIES.
(a) GRANT PROGRAM AUTHORIZED.— (1) IN GENERAL.—Subject to the availability of funds appro- priated to carry out this section, the Secretary shall award pro- gram grants to each of the institutions listed in subsection (b)(1) that is determined by the Secretary to be making a sub- stantial contribution to graduate education opportunities at the masters level in mathematics, engineering, the physical or nat- ural sciences, computer science, information technology, nurs- September 8, 2023 As Amended Through P.L.
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723 ing, allied health, or other scientific disciplines for Black Amer- icans.
(2) ASSURANCE OF NON-FEDERAL MATCHING FUNDS.—No grant in excess of $1,000,000 may be made under this section unless the institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary.
After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institu- tions that have complied with such matching requirement.
(3) MINIMUM AWARD.—Subject to subsections (f) and (g), the amount awarded to each eligible institution listed in sub- section (b)(1) for a fiscal year shall be not less than $500,000.

(4) DURATION OF GRANTS.—A grant awarded under this section shall be for a period of not more than six years, but may be periodically renewed for a period to be determined by the Secretary.
(b) INSTITUTIONAL ELIGIBILITY.— (1) IN GENERAL.—Institutions eligible for grants under sub- section (a) are the following: (A) Albany State University.

(B) Alcorn State University.

(C) Claflin University.

(D) Coppin State University.

(E) Elizabeth City State University.

(F) Fayetteville State University.

(G) Fisk University.

(H) Fort Valley State University.

(I) Grambling State University.

(J) Kentucky State University.

(K) Mississippi Valley State University.

(L) Savannah State University.


(M) South Carolina State University.

(N) University of Arkansas, Pine Bluff.

(O) Virginia State University.

(P) West Virginia State University.

(Q) Wilberforce University.

(R) Winston-Salem State University.
(2) QUALIFIED MASTERS DEGREE PROGRAM.— (A) IN GENERAL.—For the purposes of this section, the term ‘‘qualified masters degree program’’ means a masters degree program that provides a program of instruction in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines in which African Americans are underrepresented and has students enrolled in such program of instruction at the time of application for a grant under this section.
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723 HIGHER EDUCATION ACT OF 1965 812 (B) ENROLLMENT EXCEPTION.—Notwithstanding the enrollment requirement contained in subparagraph (A), an institution may use an amount equal to not more than 10 percent of the institution’s grant under this section for the development of a new qualified masters degree program.
(3) INSTITUTIONAL CHOICE.—The president or chancellor of the institution may decide which graduate school or qualified masters degree program will receive funds under the grant in any one fiscal year, if the allocation of funds among the schools or programs is delineated in the application for funds sub- mitted to the Secretary under this section.

(4) ONE GRANT PER INSTITUTION.—The Secretary shall not award more than one grant under this section in any fiscal year to any institution of higher education.
(c) APPLICATION.—An eligible institution listed in subsection (b)(1) desiring a grant under this section shall submit an applica- tion at such time, in such manner, and containing such information as the Secretary may require.
The application shall— (1) demonstrate how the grant funds under this section will be used to improve graduate educational opportunities for Black and low-income students, and lead to greater financial independence; and (2) provide, in the case of applications for grants in excess of $1,000,000, the assurances required under subsection (a)(2) and specify the manner in which the eligible institution is going to pay the non-Federal share of the cost of the applica- tion.
(d) USES OF FUNDS.—A grant under this section may be used for— (1) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; (2) construction, maintenance, renovation, and improve- ment in classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services; (3) purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other edu- cational materials, including telecommunications program ma- terials; (4) scholarships, fellowships, and other financial assistance for needy graduate students to permit the enrollment of the students in, and completion of, a masters degree in mathe- matics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines in which African Americans are underrep- resented; (5) establishing or improving a development office to strengthen and increase contributions from alumni and the pri- vate sector; (6) assisting in the establishment or maintenance of an in- stitutional endowment to facilitate financial independence pur- suant to section 331; September 8, 2023 As Amended Through P.L.
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723 (7) funds and administrative management, and the acqui- sition of equipment, including software, for use in strength- ening funds management and management information sys- tems; (8) acquisition of real property that is adjacent to the cam- pus in connection with the construction, renovation, or im- provement of, or an addition to, campus facilities; (9) education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebted- ness and student assistance programs under title IV; (10) tutoring, counseling, and student service programs de- signed to improve academic success; (11) faculty professional development, faculty exchanges, and faculty participation in professional conferences and meet- ings; and (12) other activities proposed in the application submitted under subsection (c) that— (A) contribute to carrying out the purposes of this sec- tion; and (B) are approved by the Secretary as part of the re- view and acceptance of such application.
(e) INTERACTION WITH OTHER GRANT PROGRAMS.—No institu- tion that is eligible for and receives an award under section 326, 512, or 724 for a fiscal year shall be eligible to apply for a grant, or receive grant funds, under this section for the same fiscal year.
(f) FUNDING RULE.—Subject to subsection (g), of the amount appropriated to carry out this section for any fiscal year— (1) the first $9,000,000 (or any lesser amount appro- priated) shall be available only for the purposes of making minimum grants under subsection (a)(3) to eligible institutions listed in subparagraphs (A) through (R) of subsection (b)(1), ex- cept that if the amount appropriated is not sufficient to pay the minimum grant awards to all such eligible institutions, the amount of the minimum award to each such eligible institution shall be ratably reduced; (2) after the application of paragraph (1), an amount shall be available for the purpose of making minimum grants under subsection (a)(3) to eligible institutions listed in subsection (b)(1) that do not receive a grant under paragraph (1), if any, except that if the amount appropriated is not sufficient to pay the minimum grant awards to all such eligible institutions, the amount of the minimum award to each such eligible institution shall be ratably reduced; and (3) any amount in excess of $9,000,000 shall be made available to each of the eligible institutions identified in sub- paragraphs (A) through (R) of subsection (b)(1), pursuant to a formula developed by the Secretary that uses the following ele- ments: (A) The ability of the institution to match Federal funds with non-Federal funds.
(B) The number of students enrolled in the qualified masters degree program at the eligible institution in the previous academic year.

September 8, 2023 As Amended Through P.L.

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724 HIGHER EDUCATION ACT OF 1965 814 (C) The average cost of attendance per student, for all full-time students enrolled in the qualified masters degree program at such institution.

(D) The number of students in the previous year who received a degree in the qualified masters degree program at such institution.
(E) The contribution, on a percent basis, of the pro- grams for which the institution is eligible to receive funds under this section to the total number of African Ameri- cans receiving masters degrees in the disciplines related to the programs for the previous year.
(g) HOLD HARMLESS RULE.—Notwithstanding paragraphs (2) and (3) of subsection (f), no eligible institution identified in sub- section (b)(1) that receives a grant under this section for fiscal year 2009 and that is eligible to receive a grant for a subsequent fiscal year shall receive a grant amount for any such subsequent fiscal year that is less than the grant amount received for fiscal year 2009, unless— (1) the amount appropriated is not sufficient to provide such grant amounts to all such institutions and programs that received grants under this section for such fiscal year and that are eligible to receive a grant in such subsequent fiscal year; or (2) the institution cannot provide sufficient matching funds to meet the requirements of this section.
SEC.

724. ø20 U.S.C.

1136b¿ MASTERS DEGREE PROGRAMS AT PREDOMI- NANTLY BLACK INSTITUTIONS.
(a) GRANT PROGRAM AUTHORIZED.— (1) IN GENERAL.—Subject to the availability of funds appro- priated to carry out this section, the Secretary shall award pro- gram grants to each of the institutions listed in subsection (b)(1) that is determined by the Secretary to be making a sub- stantial contribution to graduate education opportunities at the masters level in mathematics, engineering, the physical or nat- ural sciences, computer science, information technology, nurs- ing, allied health, or other scientific disciplines for Black Amer- icans.
(2) ASSURANCE OF NON-FEDERAL MATCHING FUNDS.—No grant in excess of $1,000,000 may be made under this section unless the institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary.
After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institu- tions that have complied with such matching requirement.
(3) MINIMUM AWARD.—Subject to subsections (f) and (g), the amount awarded to each eligible institution listed in sub- section (b)(1) for a fiscal year shall be not less than $500,000.

September 8, 2023 As Amended Through P.L.

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724 (4) DURATION OF GRANTS.—A grant awarded under this section shall be for a period of not more than six years, but may be periodically renewed for a period to be determined by the Secretary.

(b) INSTITUTIONAL ELIGIBILITY.— (1) IN GENERAL.—Institutions eligible for grants under sub- section (a) are the following: (A) Chicago State University.

(B) Columbia Union College.

(C) Long Island University, Brooklyn campus.

(D) Robert Morris College.

(E) York College, The City University of New York.
(2) QUALIFIED MASTERS DEGREE PROGRAM.— (A) IN GENERAL.—For the purposes of this section, the term ‘‘qualified masters degree program’’ means a masters degree program that provides a program of instruction in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines in which African Americans are underrepresented and has students enrolled in such program of instruction at the time of application for a grant under this section.
(B) ENROLLMENT EXCEPTION.—Notwithstanding the enrollment requirement contained in subparagraph (A), an institution may use an amount equal to not more than 10 percent of the institution’s grant under this section for the development of a new qualified masters degree program.
(3) INSTITUTIONAL CHOICE.—The president or chancellor of the institution may decide which graduate school or qualified masters degree program will receive funds under the grant in any one fiscal year, if the allocation of funds among the schools or programs is delineated in the application for funds sub- mitted to the Secretary under this section.

(4) ONE GRANT PER INSTITUTION.—The Secretary shall not award more than one grant under this section in any fiscal year to any institution of higher education.
(c) APPLICATION.—An eligible institution listed in subsection (b)(1) desiring a grant under this section shall submit an applica- tion at such time, in such manner, and containing such information as the Secretary may require.
The application shall— (1) demonstrate how the grant funds under this section will be used to improve graduate educational opportunities for Black and low-income students and lead to greater financial independence; and (2) provide, in the case of applications for grants in excess of $1,000,000, the assurances required under subsection (a)(2) and specify the manner in which the eligible institution is going to pay the non-Federal share of the cost of the applica- tion.
(d) USES OF FUNDS.—A grant under this section may be used for— (1) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; September 8, 2023 As Amended Through P.L.

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724 HIGHER EDUCATION ACT OF 1965 816 (2) construction, maintenance, renovation, and improve- ment in classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services; (3) purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other edu- cational materials, including telecommunications program ma- terials; (4) scholarships, fellowships, and other financial assistance for needy graduate students to permit the enrollment of the students in, and completion of, a masters degree in mathe- matics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines in which African Americans are underrep- resented; (5) establishing or improving a development office to strengthen and increase contributions from alumni and the pri- vate sector; (6) assisting in the establishment or maintenance of an in- stitutional endowment to facilitate financial independence pur- suant to section 331; (7) funds and administrative management, and the acqui- sition of equipment, including software, for use in strength- ening funds management and management information sys- tems; (8) acquisition of real property that is adjacent to the cam- pus in connection with the construction, renovation, or im- provement of, or an addition to, campus facilities; (9) education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebted- ness and student assistance programs under title IV; (10) tutoring, counseling, and student service programs de- signed to improve academic success; (11) faculty professional development, faculty exchanges, and faculty participation in professional conferences and meet- ings; and (12) other activities proposed in the application submitted under subsection (c) that— (A) contribute to carrying out the purposes of this sec- tion; and (B) are approved by the Secretary as part of the re- view and acceptance of such application.
(e) INTERACTION WITH OTHER GRANT PROGRAMS.—No institu- tion that is eligible for and receives an award under section 326, 512, or 723 for a fiscal year shall be eligible to apply for a grant, or receive grant funds, under this section for the same fiscal year.
(f) FUNDING RULE.—Subject to subsection (g), of the amount appropriated to carry out this section for any fiscal year— (1) the first $2,500,000 (or any lesser amount appro- priated) shall be available only for the purposes of making minimum grants under subsection (a)(3) to eligible institutions listed in subparagraphs (A) through (E) of subsection (b)(1), ex- cept that if the amount appropriated is not sufficient to pay September 8, 2023 As Amended Through P.L.
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725 the minimum grant awards to all such eligible institutions, the amount of the minimum award to each such eligible institution shall be ratably reduced; (2) after the application of paragraph (1), an amount shall be available for the purpose of making minimum grants under subsection (a)(3) to eligible institutions described in subsection (b)(1) that do not receive a grant under paragraph (1), if any, except that if the amount appropriated is not sufficient to pay the minimum grant awards to all such eligible institutions, the amount of the minimum award to each such eligible institution shall be ratably reduced; and (3) any amount in excess of $2,500,000 shall be made available to each of the eligible institutions identified in sub- paragraphs (A) through (E) of subsection (b)(1), pursuant to a formula developed by the Secretary that uses the following ele- ments: (A) The ability of the institution to match Federal funds with non-Federal funds.
(B) The number of students enrolled in the qualified masters degree program at the eligible institution in the previous academic year.

(C) The average cost of attendance per student, for all full-time students enrolled in the qualified masters degree program at such institution.

(D) The number of students in the previous year who received a degree in the qualified masters degree program at such institution.
(E) The contribution, on a percent basis, of the pro- grams for which the institution is eligible to receive funds under this section to the total number of African Ameri- cans receiving masters degrees in the disciplines related to the programs for the previous year.
(g) HOLD HARMLESS RULE.—Notwithstanding paragraphs (2) and (3) of subsection (f), no eligible institution identified in sub- section (b)(1) that receives a grant under this section for fiscal year 2009 and that is eligible to receive a grant in a subsequent fiscal year shall receive a grant amount in any such subsequent fiscal year that is less than the grant amount received for fiscal year 2009, unless— (1) the amount appropriated is not sufficient to provide such grant amounts to all such institutions and programs that received grants under this section for such fiscal year and that are eligible to receive a grant in such subsequent fiscal year; or (2) the institution cannot provide sufficient matching funds to meet the requirements of this section.
SEC.

725. ø20 U.S.C.

1136c¿ AUTHORIZATION OF APPROPRIATIONS.

(a) MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK COL- LEGES AND UNIVERSITIES.—There are authorized to be appropriated to carry out section 723 such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

(b) MASTERS DEGREE PROGRAMS AT PREDOMINANTLY BLACK IN- STITUTIONS.—There are authorized to be appropriated to carry out September 8, 2023 As Amended Through P.L.
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731 HIGHER EDUCATION ACT OF 1965 818 section 724 such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

Subpart 5—General Provisions SEC.

731. ø20 U.S.C.

1137¿ ADMINISTRATIVE PROVISIONS FOR SUB- PARTS 1 THROUGH 4.
(a) COORDINATED ADMINISTRATION.—In carrying out the pur- pose described in section 700(1), the Secretary shall provide for co- ordinated administration and regulation of graduate programs as- sisted under subparts 1 through 4 with other Federal programs providing assistance for graduate education in order to minimize duplication and improve efficiency to ensure that the programs are carried out in a manner most compatible with academic practices and with the standard timetables for applications for, and notifica- tions of acceptance to, graduate programs.
(b) HIRING AUTHORITY.—For purposes of carrying out subparts 1 through 4, the Secretary shall appoint, without regard to the pro- visions of title 5, United States Code, that govern appointments in the competitive service, such administrative and technical employ- ees, with the appropriate educational background, as shall be need- ed to assist in the administration of such parts.
The employees shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

(c) USE FOR RELIGIOUS PURPOSES PROHIBITED.—No institu- tional payment or allowance under section 703(b) or 715(a) shall be paid to a school or department of divinity as a result of the award of a fellowship under subpart 1 or 2, respectively, to an individual who is studying for a religious vocation.
(d) EVALUATION.—The Secretary shall evaluate the success of assistance provided to individuals under subpart 1, 2, 3, or 4 with respect to graduating from their degree programs, and placement in faculty and professional positions.

PART B—FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION SEC.

741. ø20 U.S.C.

1138¿ FUND FOR THE IMPROVEMENT OF POSTSEC- ONDARY EDUCATION.
(a) AUTHORITY.—The Secretary is authorized to make grants to, or enter into contracts with, institutions of higher education, combinations of such institutions, and other public and private nonprofit institutions and agencies, to enable such institutions, combinations, and agencies to improve postsecondary education op- portunities by— (1) the encouragement of reform and improvement of, and innovation in, postsecondary education and the provision of educational opportunity for all students, including nontradi- tional students; (2) the creation of institutions, programs, and joint efforts involving paths to career and professional training, including— September 8, 2023 As Amended Through P.L.
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741 (A) efforts that provide academic credit for programs; and (B) combinations of academic and experiential learn- ing; (3) the establishment and continuation of institutions, pro- grams, consortia, collaborations, and other joint efforts based on communications technology, including those efforts that uti- lize distance education and technological advancements to edu- cate and train postsecondary students (including health profes- sionals serving medically underserved populations); (4) the carrying out, in postsecondary educational institu- tions, of changes in internal structure and operations designed to clarify institutional priorities and purposes; (5) the design and introduction of cost-effective methods of instruction and operation; (6) the introduction of institutional reforms designed to ex- pand individual opportunities for entering and reentering post- secondary institutions and pursuing programs of postsecondary study tailored to individual needs; (7) the introduction of reforms in graduate education, in the structure of academic professions, and in the recruitment and retention of faculties; (8) the creation of new institutions and programs for exam- ining and awarding credentials to individuals, and the intro- duction of reforms in current institutional practices related thereto; (9) the introduction of reforms in remedial education, in- cluding English language instruction, to customize remedial courses to student goals and help students progress rapidly from remedial courses into core courses and through postsec- ondary program completion; (10) the provision of support and assistance to partner- ships between institutions of higher education and secondary schools with a significant population of students identified as late-entering limited English proficient students, to establish programs that— (A) result in increased secondary school graduation rates of limited English proficient students; and (B) increase the number of participating late-entering limited English proficient students who pursue postsec- ondary education; (11) the creation of consortia that join diverse institutions of higher education to design and offer curricular and cocur- ricular interdisciplinary programs at the undergraduate and graduate levels, sustained for not less than a 5 year period, that— (A) focus on poverty and human capability; and (B) include— (i) a service-learning component; and (ii) the delivery of educational services through in- formational resource centers, summer institutes, mid- year seminars, and other educational activities that stress the effects of poverty and how poverty can be al- leviated through different career paths; September 8, 2023 As Amended Through P.L.
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741 HIGHER EDUCATION ACT OF 1965 820 (12) the provision of support and assistance for demonstra- tion projects to provide comprehensive support services to en- sure that homeless students, or students who were in foster care or were a ward of the court at any time before the age of 13, enroll and succeed in postsecondary education, including providing housing to such students during periods when hous- ing at the institution of higher education is closed or generally unavailable to other students; and (13) the support of efforts to work with institutions of higher education, and nonprofit organizations, that seek to pro- mote cultural diversity in the entertainment media industry, including through the training of students in production, mar- keting, and distribution of culturally relevant content.
(b) PLANNING GRANTS.—The Secretary is authorized to make planning grants to institutions of higher education for the develop- ment and testing of innovative techniques in postsecondary edu- cation.

Such grants shall not exceed $20,000.


(c) CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT STUDENTS.— (1) PROGRAM AUTHORIZED.—The Secretary is authorized to award one grant or contract to an institution of higher edu- cation to enable such institution to establish and maintain a center to study and develop best practices for institutions of higher education to support single parents who are also stu- dents attending such institutions.
(2) INSTITUTION REQUIREMENTS.—The Secretary shall award the grant or contract under this subsection to a four- year institution of higher education that has demonstrated ex- pertise in the development of programs to assist single parents who are students at institutions of higher education, as shown by the institution’s development of a variety of targeted serv- ices to such students, including on-campus housing, child care, counseling, advising, internship opportunities, financial aid, and financial aid counseling and assistance.
(3) CENTER ACTIVITIES.—The center funded under this sec- tion shall— (A) assist institutions implementing innovative pro- grams that support single parents pursuing higher edu- cation; (B) study and develop an evaluation protocol for such programs that includes quantitative and qualitative meth- odologies; (C) provide appropriate technical assistance regarding the replication, evaluation, and continuous improvement of such programs; and (D) develop and disseminate best practices for such programs.
(d) PROHIBITION.— (1) IN GENERAL.—No funds made available under this part shall be used to provide direct financial assistance in the form of grants or scholarships to students who do not meet the re- quirements of section 484(a).

(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to prevent a student who does not meet the September 8, 2023 As Amended Through P.L.
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741 requirements of section 484(a) from participating in programs funded under this part.
(e) PRIORITY.—In making grants under this part to any institu- tion of higher education after the date of enactment of theHigher Education Opportunity Act, the Secretary may give priority to in- stitutions that meet or exceed the most current version of ASHRAE/IES Standard 90.1 (as such term is used in section 342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C.
6313(a)(6)) for any new facilities construction or major renovation of the institution after such date, except that this subsection shall not apply with respect to barns or greenhouses or similar struc- tures owned by the institution.
(f) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VETERANS OR MEMBERS OF THE MILITARY.— (1) AUTHORIZATION.—The Secretary shall enter into a con- tract with a nonprofit organization with demonstrated success in carrying out the activities described in this subsection to carry out a program to provide postsecondary education schol- arships for eligible students.
(2) DEFINITION OF ELIGIBLE STUDENT.—In this subsection, the term ‘‘eligible student’’ means an individual who is enrolled as a full-time or part-time student at an institution of higher education (as defined in section 102) and is— (A) a dependent student who is a child of— (i) an individual who is— (I) serving on active duty during a war or other military operation or national emergency (as defined in section 481); or (II) performing qualifying National Guard duty during a war or other military operation or national emergency (as defined in section 481); or (ii) a veteran who— (I) served or performed, as described in clause (i), since September 11, 2001; and (II) died, or has been disabled, as a result of such service or performance; or (B) an independent student who— (i) is a spouse of an individual who is— (I) serving on active duty during a war or other military operation or national emergency (as defined in section 481); or (II) performing qualifying National Guard duty during a war or other military operation or national emergency (as defined in section 481); (ii) was (at the time of death of the veteran) a spouse of a veteran who— (I) served or performed, as described in clause (i), since September 11, 2001; and (II) died as a result of such service or per- formance; or (iii) is a spouse of a veteran who— (I) served or performed, as described in clause (i), since September 11, 2001; and September 8, 2023 As Amended Through P.L.
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742 HIGHER EDUCATION ACT OF 1965 822 (II) has been disabled as a result of such serv- ice or performance.
(3) AWARDING OF SCHOLARSHIPS.—Scholarships awarded under this subsection shall be awarded based on need with pri- ority given to eligible students who are eligible to receive Fed- eral Pell Grants under subpart 1 of part A of title IV.

(4) MAXIMUM SCHOLARSHIP AMOUNT.—The maximum schol- arship amount awarded to an eligible student under this sub- section for an award year shall be the lesser of $5,000, or the student’s cost of attendance (as defined in section 472).
(5) AMOUNTS FOR SCHOLARSHIPS.—All of the amounts ap- propriated to carry out this subsection for a fiscal year shall be used for scholarships awarded under this subsection, except that the nonprofit organization receiving a contract under this subsection may use not more than one percent of such amounts for the administrative costs of the contract.

SEC.

742. ø20 U.S.C.

1138a¿ BOARD OF THE FUND FOR THE IMPROVE- MENT OF POSTSECONDARY EDUCATION.
(a) ESTABLISHMENT.—There is established a National Board of the Fund for the Improvement of Postsecondary Education (in this part referred to as the ‘‘Board’’).

The Board shall consist of 15 members appointed by the Secretary for overlapping 3-year terms.

A majority of the Board shall constitute a quorum.

Any member of the Board who has served for 6 consecutive years shall thereafter be ineligible for appointment to the Board during a 2-year period following the expiration of such sixth year.
(b) MEMBERSHIP.—The Secretary shall designate one of the members of the Board as Chairperson of the Board.

A majority of the members of the Board shall be public interest representatives, including students, and a minority shall be educational representa- tives.

All members selected shall be individuals able to contribute an important perspective on priorities for improvement in postsec- ondary education and strategies of educational and institutional change.
(c) DUTIES.—The Board shall— (1) advise the Secretary on priorities for the improvement of postsecondary education and make such recommendations as the Board may deem appropriate for the improvement of postsecondary education and for the evaluation, dissemination, and adaptation of demonstrated improvements in postsec- ondary educational practice; (2) advise the Secretary on the operation of the Fund for the Improvement of Postsecondary Education, including advice on planning documents, guidelines, and procedures for grant competitions prepared by the Fund; and (3) meet at the call of the Chairperson, except that the Board shall meet whenever one-third or more of the members request in writing that a meeting be held.
(d) INFORMATION AND ASSISTANCE.—The Secretary shall make available to the Board such information and assistance as may be necessary to enable the Board to carry out its functions.

September 8, 2023 As Amended Through P.L.

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744 SEC.

743. ø20 U.S.C.


1138b¿ ADMINISTRATIVE PROVISIONS.

The Secretary may appoint, for terms not to exceed 3 years, without regard to the provisions of title 5, United States Code, gov- erning appointments in the competitive service, not more than 7 technical employees to administer this part who may be paid with- out regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

SEC.

744. ø20 U.S.C.


1138c¿ SPECIAL PROJECTS.

(a) GRANT AUTHORITY.—The Secretary is authorized to make grants to institutions of higher education, or consortia thereof, and such other public agencies and nonprofit organizations as the Sec- retary deems necessary for innovative projects concerning one or more areas of particular national need identified by the Secretary.
(b) APPLICATION.—No grant shall be made under this part un- less an application is made at such time, in such manner, and con- tains or is accompanied by such information as the Secretary may require.

(c) AREAS OF NATIONAL NEED.—Areas of national need shall in- clude, at a minimum, the following: (1) Institutional restructuring to improve learning and pro- mote productivity, efficiency, quality improvement, and cost re- duction.
(2) Improvements in academic instruction and student learning, including efforts designed to assess the learning gains made by postsecondary students.

(3) Articulation between two- and four-year institutions of higher education, including developing innovative methods for ensuring the successful transfer of students from two- to four- year institutions of higher education.
(4) Development, evaluation, and dissemination of model courses, including model courses that— (A) provide students with a broad and integrated knowledge base; (B) include, at a minimum, broad survey courses in English literature, American and world history, American political institutions, economics, philosophy, college-level mathematics, and the natural sciences; and (C) include study of a foreign language that leads to reading and writing competency in the foreign language.
(5) International cooperation and student exchanges among postsecondary educational institutions.

(6) Support of centers to incorporate education in quality and safety into the preparation of medical and nursing stu- dents, through grants to medical schools, nursing schools, and osteopathic schools.
Such grants shall be used to assist in pro- viding courses of instruction that specifically equip students to— (A) understand the causes of, and remedies for, med- ical error, medically induced patient injuries and complica- tions, and other defects in medical care; (B) engage effectively in personal and systemic efforts to continually reduce medical harm; and September 8, 2023 As Amended Through P.L.
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745 HIGHER EDUCATION ACT OF 1965 824 (C) improve patient care and outcomes, as rec- ommended by the Institute of Medicine of the National Academies.

SEC.

745. ø20 U.S.C.

1138d¿ AUTHORIZATION OF APPROPRIATIONS.


There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART D—PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH A QUALITY HIGH- ER EDUCATION 84 SEC.

760. ø20 U.S.C.

1140¿ DEFINITIONS.


In this part: (1) COMPREHENSIVE TRANSITION AND POSTSECONDARY PRO- GRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES.—The term ‘‘comprehensive transition and postsecondary program for students with intellectual disabilities’’ means a degree, certifi- cate, or nondegree program that meets each of the following: (A) Is offered by an institution of higher education.
(B) Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an in- stitution of higher education in order to prepare for gainful employment.

(C) Includes an advising and curriculum structure.


(D) Requires students with intellectual disabilities to participate on not less than a half-time basis as deter- mined by the institution, with such participation focusing on academic components, and occurring through 1 or more of the following activities: (i) Regular enrollment in credit-bearing courses with nondisabled students offered by the institution.
(ii) Auditing or participating in courses with non- disabled students offered by the institution for which the student does not receive regular academic credit.

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

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

(E) Requires students with intellectual disabilities to be socially and academically integrated with non-disabled students to the maximum extent possible.
(2) STUDENT WITH AN INTELLECTUAL DISABILITY.—The term ‘‘student with an intellectual disability’’ means a student— (A) with a cognitive impairment, characterized by sig- nificant limitations in— (i) intellectual and cognitive functioning; and (ii) adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and September 8, 2023 As Amended Through P.L.
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762 (B) who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act.
Subpart 1—Demonstration Projects to Support Postsecondary Faculty, Staff, and Administra- tors in Educating Students with Disabilities SEC.

761. ø20 U.S.C.

1140a¿ PURPOSE.


It is the purpose of this subpart to support model demonstra- tion projects to provide technical assistance or professional develop- ment for postsecondary faculty, staff, and administrators in institu- tions of higher education to enable such faculty, staff, and adminis- trators to provide students with disabilities with a quality postsec- ondary education.

SEC.

762. ø20 U.S.C.

1140b¿ GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS AUTHORIZED.
(a) COMPETITIVE GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS AUTHORIZED.— (1) IN GENERAL.—From amounts appropriated under sec- tion 765, the Secretary may award grants, contracts, and coop- erative agreements, on a competitive basis, to institutions of higher education to enable the institutions to carry out the ac- tivities under subsection (b).
(2) AWARDS FOR PROFESSIONAL DEVELOPMENT AND TECH- NICAL ASSISTANCE.—Not less than two grants, contracts, coop- erative agreements, or a combination of such awards shall be awarded to institutions of higher education that provide profes- sional development and technical assistance in order for stu- dents with learning disabilities to receive a quality postsec- ondary education.
(b) DURATION; ACTIVITIES.— (1) DURATION.—A grant, contract, or cooperative agree- ment under this subpart shall be awarded for a period of three years.
(2) AUTHORIZED ACTIVITIES.—A grant, contract, or coopera- tive agreement awarded under this subpart shall be used to carry out one or more of the following activities: (A) TEACHING METHODS AND STRATEGIES.—The devel- opment of innovative, effective, and efficient teaching methods and strategies, consistent with the principles of universal design for learning, to provide postsecondary fac- ulty, staff, and administrators with the skills and supports necessary to teach and meet the academic and pro- grammatic needs of students with disabilities, in order to improve the retention of such students in, and the comple- tion by such students of, postsecondary education.
Such methods and strategies may include in-service training, professional development, customized and general tech- nical assistance, workshops, summer institutes, distance learning, and training in the use of assistive and edu- cational technology.

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762 HIGHER EDUCATION ACT OF 1965 826 (B) EFFECTIVE TRANSITION PRACTICES.—The develop- ment of innovative and effective teaching methods and strategies to provide postsecondary faculty, staff, and ad- ministrators with the skill and supports necessary to en- sure the successful and smooth transition of students with disabilities from secondary school to postsecondary edu- cation.
(C) SYNTHESIZING RESEARCH AND INFORMATION.—The synthesis of research and other information related to the provision of postsecondary educational services to students with disabilities, including data on the impact of a postsec- ondary education on subsequent employment of students with disabilities.

Such research, information, and data shall be made publicly available and accessible.
(D) DISTANCE LEARNING.—The development of innova- tive and effective teaching methods and strategies to pro- vide postsecondary faculty, staff, and administrators with the ability to provide accessible distance education pro- grams or classes that would enhance the access of students with disabilities to postsecondary education, including the use of accessible curricula and electronic communication for instruction and advising.
(E) DISABILITY CAREER PATHWAYS.— (i) IN GENERAL.—The provision of information, training, and technical assistance to secondary and postsecondary faculty, staff, and administrators with respect to disability-related fields that would enable such faculty, staff, and administrators to— (I) encourage interest and participation in such fields, among students with disabilities and other students; (II) enhance awareness and understanding of such fields among students with disabilities and other students; (III) provide educational opportunities in such fields for students with disabilities and other stu- dents; (IV) teach practical skills related to such fields to students with disabilities and other stu- dents; and (V) offer work-based opportunities in such fields to students with disabilities and other stu- dents.
(ii) DEVELOPMENT.—The training and support de- scribed in subclauses (I) through (V) of clause (i) may include offering students— (I) credit-bearing postsecondary-level coursework; and (II) career and educational counseling.

(F) PROFESSIONAL DEVELOPMENT AND TRAINING SES- SIONS.—The conduct of professional development and training sessions for postsecondary faculty, staff, and ad- ministrators from other institutions of higher education to September 8, 2023 As Amended Through P.L.
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763 enable such individuals to meet the educational needs of students with disabilities.
(G) ACCESSIBILITY OF EDUCATION.—Making postsec- ondary education more accessible to students with disabil- ities through curriculum development, consistent with the principles of universal design for learning.
(3) MANDATORY EVALUATION AND DISSEMINATION.—An in- stitution of higher education awarded a grant, contract, or co- operative agreement under this subpart shall evaluate and dis- seminate to other institutions of higher education, the informa- tion obtained through the activities described in subparagraphs (A) through (G) of paragraph (2).
(c) CONSIDERATIONS IN MAKING AWARDS.—In awarding grants, contracts, or cooperative agreements under this subpart, the Sec- retary shall consider the following: (1) GEOGRAPHIC DISTRIBUTION.—Providing an equitable ge- ographic distribution of such awards.

(2) RURAL AND URBAN AREAS.—Distributing such awards to urban and rural areas.

(3) RANGE AND TYPE OF INSTITUTION.—Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education.
(4) PRIOR EXPERIENCE OR EXCEPTIONAL PROGRAMS.—Dis- tributing the awards to institutions of higher education with demonstrated prior experience in, or exceptional programs for, meeting the postsecondary educational needs of students with disabilities.
(d) REPORTS.— (1) INITIAL REPORT.—Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall prepare and submit to the authorizing commit- tees, and make available to the public, a report on all dem- onstration projects awarded grants under this part for any of fiscal years 1999 through 2008, including a review of the ac- tivities and program performance of such demonstration projects based on existing information as of the date of the re- port.
(2) SUBSEQUENT REPORT.—Not later than three years after the date of the first award of a grant under this subpart after the date of enactment of the Higher Education Opportunity Act, the Secretary shall prepare and submit to the authorizing committees, and make available to the public, a report that— (A) reviews the activities and program performance of the demonstration projects authorized under this subpart; and (B) provides guidance and recommendations on how effective projects can be replicated.

SEC.
SEC.

763. ø20 U.S.C.

1140c¿ APPLICATIONS.

Each institution of higher education desiring to receive a grant, contract, or cooperative agreement under this subpart shall submit an application to the Secretary at such time, in such man- ner, and accompanied by such information as the Secretary may re- quire.

Each application shall include— September 8, 2023 As Amended Through P.L.
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764 HIGHER EDUCATION ACT OF 1965 828 (1) a description of the activities authorized under this subpart that the institution proposes to carry out, and how such institution plans to conduct such activities in order to fur- ther the purpose of this subpart; (2) a description of how the institution consulted with a broad range of people within the institution to develop activi- ties for which assistance is sought; (3) a description of how the institution will coordinate and collaborate with the office that provides services to students with disabilities within the institution; and (4) a description of the extent to which the institution will work to replicate the research-based and best practices of insti- tutions of higher education with demonstrated effectiveness in serving students with disabilities.
SEC.

764. ø20 U.S.C.

1140d¿ RULE OF CONSTRUCTION.

Nothing in this subpart shall be construed to impose any addi- tional duty, obligation, or responsibility on an institution of higher education or on the institution’s faculty, administrators, or staff than is required under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

794) and the Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.).

SEC.

765. ø20 U.S.C.

1140e¿ AUTHORIZATION OF APPROPRIATIONS.


There are authorized to be appropriated to carry out this sub- part such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

Subpart 2—Transition Programs for Students with Intellectual Disabilities Into Higher Edu- cation SEC.

766. ø20 U.S.C.

1140f¿ PURPOSE.


It is the purpose of this subpart to support model demonstra- tion programs that promote the successful transition of students with intellectual disabilities into higher education.

SEC.

767. ø20 U.S.C.

1140g¿ MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAMS FOR STUDENTS WITH IN- TELLECTUAL DISABILITIES.
(a) GRANTS AUTHORIZED.— (1) IN GENERAL.—From amounts appropriated under sec- tion 769(a), the Secretary shall annually award grants, on a competitive basis, to institutions of higher education (or con- sortia of institutions of higher education), to enable the institu- tions or consortia to create or expand high quality, inclusive model comprehensive transition and postsecondary programs for students with intellectual disabilities.
(2) ADMINISTRATION.—The program under this section shall be administered by the office in the Department that ad- ministers other postsecondary education programs.

(3) DURATION OF GRANTS.—A grant under this section shall be awarded for a period of 5 years.

(b) APPLICATION.—An institution of higher education (or a con- sortium) desiring a grant under this section shall submit an appli- September 8, 2023 As Amended Through P.L.
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767 cation to the Secretary at such time, in such manner, and con- taining such information as the Secretary may require.
(c) AWARD BASIS.—In awarding grants under this section, the Secretary shall— grants; (1) provide for an equitable geographic distribution of such (2) provide grant funds for model comprehensive transition and postsecondary programs for students with intellectual dis- abilities that will serve areas that are underserved by pro- grams of this type; and (3) give preference to applications submitted under sub- section (b) that agree to incorporate into the model comprehen- sive transition and postsecondary program for students with intellectual disabilities carried out under the grant one or more of the following elements: (A) The formation of a partnership with any relevant agency serving students with intellectual disabilities, such as a vocational rehabilitation agency.
(B) In the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution, the integration of stu- dents with intellectual disabilities into the housing offered to nondisabled students.

(C) The involvement of students attending the institu- tion of higher education who are studying special edu- cation, general education, vocational rehabilitation, assist- ive technology, or related fields in the model program.
(d) USE OF FUNDS.—An institution of higher education (or con- sortium) receiving a grant under this section shall use the grant funds to establish a model comprehensive transition and postsec- ondary program for students with intellectual disabilities that— (1) serves students with intellectual disabilities; (2) provides individual supports and services for the aca- demic and social inclusion of students with intellectual disabil- ities in academic courses, extracurricular activities, and other aspects of the institution of higher education’s regular postsec- ondary program; (3) with respect to the students with intellectual disabil- ities participating in the model program, provides a focus on— (A) academic enrichment; (B) socialization; (C) independent living skills, including self-advocacy skills; and (D) integrated work experiences and career skills that lead to gainful employment; (4) integrates person-centered planning in the development of the course of study for each student with an intellectual dis- ability participating in the model program; (5) participates with the coordinating center established under section 777(b) in the evaluation of the model program; (6) partners with one or more local educational agencies to support students with intellectual disabilities participating in the model program who are still eligible for special education and related services under the Individuals with Disabilities September 8, 2023 As Amended Through P.L.
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768 HIGHER EDUCATION ACT OF 1965 830 Education Act, including the use of funds available under part B of such Act to support the participation of such students in the model program; (7) plans for the sustainability of the model program after the end of the grant period; and (8) creates and offers a meaningful credential for students with intellectual disabilities upon the completion of the model program.
(e) MATCHING REQUIREMENT.—An institution of higher edu- cation (or consortium) that receives a grant under this section shall provide matching funds toward the cost of the model comprehen- sive transition and postsecondary program for students with intel- lectual disabilities carried out under the grant.

Such matching funds may be provided in cash or in-kind, and shall be in an amount of not less than 25 percent of the amount of such costs.
(f) REPORT.—Not later than five years after the date of the first grant awarded under this section, the Secretary shall prepare and disseminate a report to the authorizing committees and to the pub- lic that— (1) reviews the activities of the model comprehensive tran- sition and postsecondary programs for students with intellec- tual disabilities funded under this section; and (2) provides guidance and recommendations on how effec- tive model programs can be replicated.

SEC.

768. ø20 U.S.C.


1140h¿ RULE OF CONSTRUCTION.

Nothing in this subpart shall be construed to reduce or ex- pand— (1) the obligation of a State or local educational agency to provide a free appropriate public education, as defined in sec- tion 602 of the Individuals with Disabilities Education Act; or (2) eligibility requirements under any Federal, State, or local disability law, including the Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.
12101 et seq.

), the Rehabilitation Act of 1973 (29 U.S.C.

701 et seq.

), or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.

15001 et seq.).

SEC.

769. ø20 U.S.C.

1140i¿ AUTHORIZATION OF APPROPRIATIONS AND RESERVATION.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
(b) RESERVATION OF FUNDS.—For any fiscal year for which ap- propriations are made for this subpart, the Secretary shall reserve funds to enter into a cooperative agreement to establish the coordi- nating center under section 777(b), in an amount that is— (1) not less than $240,000 for any year in which the amount appropriated to carry out this subpart is $8,000,000 or less; or (2) equal to 3 percent of the amount appropriated to carry out this subpart for any year in which such amount appro- priated is greater than $8,000,000.
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772 Subpart 3—Commission on Accessible Materials; Programs to Support Improved Access to Mate- rials SEC.

771. ø20 U.S.C.

1140k¿ DEFINITION OF STUDENT WITH A PRINT DISABILITY.
In this subpart, the term ‘‘student with a print disability’’ means a student with a disability who experiences barriers to ac- cessing instructional material in nonspecialized formats, including an individual described insection 121(d)(2)of title 17, United States Code.

SEC.

772. ø20 U.S.C.

1140l¿ ESTABLISHMENT OF ADVISORY COMMISSION ON ACCESSIBLE INSTRUCTIONAL MATERIALS IN POST- SECONDARY EDUCATION FOR STUDENTS WITH DISABIL- ITIES.
(a) ESTABLISHMENT.— (1) IN GENERAL.—The Secretary shall establish a commis- sion to be known as the Advisory Commission on Accessible In- structional Materials in Postsecondary Education for Students with Disabilities (in this section referred to as the ‘‘Commis- sion’’).

(2) MEMBERSHIP.— (A) TOTAL NUMBER OF MEMBERS.—The Commission shall include not more than 19 members, who shall be ap- pointed by the Secretary in accordance with subpara- graphs (B) and (C).
(B) MEMBERS OF THE COMMISSION.—The Commission members shall include one representative from each of the following categories: (i) The Office of Postsecondary Education of the Department.

(ii) The Office of Special Education and Rehabili- tative Services of the Department.

(iii) The Office for Civil Rights of the Department.

(iv) The Library of Congress National Digital In- formation and Infrastructure Preservation Program Copyright Working Group.
(v) The Association on Higher Education and Dis- (vi) The Association of American Publishers.

(vii) The Association of American University ability.

Presses.

(viii) The National Council on Disability.

(ix) Recording for the Blind and Dyslexic.

(x) National organizations representing individ- uals with visual impairments.

(xi) National organizations representing individ- uals with learning disabilities.
(C) ADDITIONAL MEMBERS OF THE COMMISSION.—The Commission members shall include two representatives from each of the following categories: (i) Staff from institutions of higher education with demonstrated experience teaching or supporting stu- dents with print disabilities, including representatives September 8, 2023 As Amended Through P.L.
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772 HIGHER EDUCATION ACT OF 1965 832 from both two-year and four-year institutions of higher education of different sizes.

(ii) Producers of accessible materials, publishing software, and supporting technologies in specialized formats, such as Braille, audio or synthesized speech, and digital media.
(iii) Individuals with visual impairments, includ- ing not less than one currently enrolled postsecondary student.

(iv) Individuals with dyslexia or other learning disabilities related to reading, including not less than one currently enrolled postsecondary student.

(D) TIMING.—The Secretary shall appoint the members of the Commission not later than 60 days after the Com- mission is established under paragraph (1).
(3) CHAIRPERSON AND VICE CHAIRPERSON.—The Commis- sion shall select a chairperson and vice chairperson from among the members of the Commission.

(4) MEETINGS.— call of the Chairperson.

(A) IN GENERAL.—The Commission shall meet at the (B) FIRST MEETING.—Not later than 60 days after the appointment of the members of the Commission under paragraph (2)(D), the Commission shall hold the Commis- sion’s first meeting.
(5) QUORUM.—A majority of the members of the Commis- sion shall constitute a quorum, but a lesser number of mem- bers may hold hearings.
(b) DUTIES OF THE COMMISSION.— (1) STUDY.— (A) IN GENERAL.—The Commission shall conduct a comprehensive study to— (i) assess the barriers and systemic issues that may affect, and technical solutions available that may improve, the timely delivery and quality of accessible instructional materials for postsecondary students with print disabilities, as well as the effective use of such materials by faculty and staff; and (ii) make recommendations related to the develop- ment of a comprehensive approach to improve the op- portunities for postsecondary students with print dis- abilities to access instructional materials in special- ized formats in a timeframe comparable to the avail- ability of instructional materials for postsecondary nondisabled students.
(B) EXISTING INFORMATION.—To the extent practicable, in carrying out the study under this paragraph, the Com- mission shall identify and use existing research, rec- ommendations, and information.

(C) RECOMMENDATIONS.— (i) IN GENERAL.—The Commission shall develop recommendations— (I) to inform Federal regulations and legisla- tion; September 8, 2023 As Amended Through P.L.
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772 (II) to support the model demonstration pro- grams authorized under section 773; (III) to identify best practices in systems for collecting, maintaining, processing, and dissemi- nating materials in specialized formats to stu- dents with print disabilities at costs comparable to instructional materials for postsecondary non- disabled students; (IV) to improve the effective use of such mate- rials by faculty and staff, while complying with applicable copyright law; and (V) to modify the definitions of instructional materials, authorized entities, and eligible stu- dents, as such terms are used in applicable Fed- eral law, for the purpose of improving services to students with disabilities.
(ii) CONSIDERATIONS.—In developing the rec- ommendations under clause (i), the Commission shall consider— (I) how students with print disabilities may obtain instructional materials in accessible for- mats— (aa) within a timeframe comparable to the availability of instructional materials for nondisabled students; and (bb) to the maximum extent practicable, at costs comparable to the costs of such mate- rials for nondisabled students; (II) the feasibility and technical parameters of establishing standardized electronic file formats, such as the National Instructional Materials Ac- cessibility Standard as defined in section 674(e)(3) of the Individuals with Disabilities Education Act, to be provided by publishers of instructional mate- rials to producers of materials in specialized for- mats, institutions of higher education, and eligible students; (III) the feasibility of establishing a national clearinghouse, repository, or file-sharing network for electronic files in specialized formats and files used in producing instructional materials in spe- cialized formats, and a list of possible entities qualified to administer such clearinghouse, reposi- tory, or network; (IV) the feasibility of establishing market- based solutions involving collaborations among publishers of instructional materials, producers of materials in specialized formats, and institutions of higher education; (V) solutions utilizing universal design; and (VI) solutions for low-incidence, high-cost re- quests for instructional materials in specialized formats.
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773 HIGHER EDUCATION ACT OF 1965 834 (2) REPORT.—Not later than one year after the Commis- sion’s first meeting, the Commission shall submit a report to the Secretary and the authorizing committees detailing the findings and recommendations of the study conducted under paragraph (1).
(3) DISSEMINATION OF INFORMATION.—In carrying out the study under paragraph (1), the Commission shall disseminate information concerning the issues that are the subject of the study through— (A) the National Technical Assistance Center estab- lished under subpart 4; and (B) other means, as determined by the Commission.
(c) TERMINATION OF THE COMMISSION.—The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report under subsection (b)(2) to the Sec- retary and the authorizing committees.

SEC.

773. ø20 U.S.C.

1140m¿ MODEL DEMONSTRATION PROGRAMS TO SUPPORT IMPROVED ACCESS TO POSTSECONDARY IN- STRUCTIONAL MATERIALS FOR STUDENTS WITH PRINT DISABILITIES.
(a) PURPOSE.—It is the purpose of this section to support model demonstration programs for the purpose of encouraging the devel- opment of systems to improve the quality of postsecondary instruc- tional materials in specialized formats and such materials’ timely delivery to postsecondary students with print disabilities, including systems to improve efficiency and reduce duplicative efforts across multiple institutions of higher education.
(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, the term ‘‘eligible partnership’’ means a partnership that— (1) shall include— (A) an institution of higher education with dem- onstrated expertise in meeting the needs of students with print disabilities, including the retention of such students in, and such students’ completion of, postsecondary edu- cation; and (B) a public or private entity, other than an institution of higher education, with— (i) demonstrated expertise in developing accessible instructional materials in specialized formats for post- secondary students with print disabilities; and (ii) the technical development expertise necessary for the efficient dissemination of such materials, in- cluding procedures to protect against copyright in- fringement with respect to the creation, use, and dis- tribution of instructional materials in specialized for- mats; and (2) may include representatives of the publishing industry.
(c) PROGRAM AUTHORIZED.—From amounts appropriated under section 775, the Secretary shall award grants or contracts, on a competitive basis, to not less than one eligible partnership to en- able the eligible partnership to support the activities described in subsection (f) and, as applicable, subsection (g).

(d) APPLICATION.—An eligible partnership that desires a grant or contract under this section shall submit an application at such September 8, 2023 As Amended Through P.L.
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773 time, in such manner, and in such format as the Secretary may prescribe.

The application shall include information on how the eli- gible partnership will implement activities under subsection (f) and, as applicable, subsection (g).
(e) PRIORITY.—In awarding grants or contracts under this sec- tion, the Secretary shall give priority to any applications that in- clude the development and implementation of the procedures and approaches described in paragraphs (2) and (3) of subsection (g).
(f) REQUIRED ACTIVITIES.—An eligible partnership that receives a grant or contract under this section shall use the grant or con- tract funds to carry out the following: (1) Supporting the development and implementation of the following: (A) Processes and systems to help identify, and verify eligibility of, postsecondary students with print disabilities in need of instructional materials in specialized formats.
(B) Procedures and systems to facilitate and simplify request methods for accessible instructional materials in specialized formats from eligible students described in sub- paragraph (A), which may include a single point-of-entry system.
(C) Procedures and systems to coordinate among insti- tutions of higher education, publishers of instructional ma- terials, and entities that produce materials in specialized formats, to efficiently facilitate— (i) requests for such materials; (ii) the responses to such requests; and (iii) the delivery of such materials.

(D) Delivery systems that will ensure the timely provi- sion of instructional materials in specialized formats to eli- gible students, which may include electronic file distribu- tion.
(E) Systems to reduce duplicative conversions and im- prove sharing of the same instructional materials in spe- cialized formats for multiple eligible students at multiple institutions of higher education.
(F) Procedures to protect against copyright infringe- ment with respect to the development, use, and distribu- tion of instructional materials in specialized formats while maintaining accessibility for eligible students, which may include digital technologies such as watermarking, fingerprinting, and other emerging approaches.
(G) Awareness, outreach, and training activities for faculty, staff, and students related to the acquisition and dissemination of instructional materials in specialized for- mats and instructional materials utilizing universal de- sign.

(2) Providing recommendations on how effective procedures and systems described in paragraph (1) may be disseminated and implemented on a national basis.
(g) AUTHORIZED APPROACHES.—An eligible partnership that re- ceives a grant or contract under this section may use the grant or contract funds to support the development and implementation of the following: September 8, 2023 As Amended Through P.L.

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774 HIGHER EDUCATION ACT OF 1965 836 (1) Approaches for the provision of instructional materials in specialized formats limited to instructional materials used in smaller categories of postsecondary courses, such as intro- ductory, first-, and second-year courses.

(2) Approaches supporting a unified search for instruc- tional materials in specialized formats across multiple data- bases or lists of available materials.
(3) Market-based approaches for making instructional ma- terials in specialized formats directly available to eligible stu- dents at prices comparable to standard instructional materials.
(h) REPORT.—Not later than three years after the date of the first grant or contract awarded under this section, the Secretary shall submit to the authorizing committees a report that includes— (1) the number of grants and contracts and the amount of funds distributed under this section; (2) a summary of the purposes for which the grants and contracts were provided and an evaluation of the progress made under such grants and contracts; (3) a summary of the activities implemented under sub- section (f) and, as applicable, subsection (g), including data on the number of postsecondary students with print disabilities served and the number of instructional material requests exe- cuted and delivered in specialized formats; and (4) an evaluation of the effectiveness of programs funded under this section.
(i) MODEL EXPANSION.—The Secretary may, on the basis of the reports under subsection (h) and section 772(b)(2) and any evalua- tions of the projects funded under this section, expand the program under this section to additional grant or contract recipients that use other programmatic approaches and serve different geographic regions, if the Secretary finds that the models used under this sec- tion— (1) are effective in improving the timely delivery and qual- ity of materials in specialized formats; and (2) provide adequate protections against copyright infringe- ment.
SEC.

774. ø20 U.S.C.

1140n¿ RULE OF CONSTRUCTION.

Nothing in this subpart shall be construed to limit or preempt any State law requiring the production or distribution of postsec- ondary instructional materials in accessible formats to students with disabilities.

SEC.

775. ø20 U.S.C.

1140o¿ AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
(b) PRIORITY.—For the first fiscal year for which funds are made available under this section, the Secretary shall give priority to allocating funding for the purposes of section 772.

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777 Subpart 4—National Technical Assistance Center; Coordinating Center SEC.

776. ø20 U.S.C.

1140p¿ PURPOSE.

It is the purpose of this subpart to provide technical assistance and information on best and promising practices to students with disabilities, the families of students with disabilities, and entities awarded grants, contracts, or cooperative agreements under sub- part 1, 2, or 3 to improve the postsecondary recruitment, transi- tion, retention, and completion rates of students with disabilities.
SEC.

777. ø20 U.S.C.

1140q¿ NATIONAL TECHNICAL ASSISTANCE CEN- TER; COORDINATING CENTER.

(a) NATIONAL CENTER.— (1) IN GENERAL.—From amounts appropriated under sec- tion 778, the Secretary shall award a grant to, or enter into a contract or cooperative agreement with, an eligible entity to provide for the establishment and support of a National Center for Information and Technical Support for Postsecondary Stu- dents with Disabilities (in this subsection referred to as the ‘‘National Center’’).
The National Center shall carry out the duties set forth in paragraph (4).

(2) ADMINISTRATION.—The program under this section shall be administered by the office in the Department that ad- ministers other postsecondary education programs.
(3) ELIGIBLE ENTITY.—In this subpart, the term ‘‘eligible entity’’ means an institution of higher education, a nonprofit organization, or partnership of two or more such institutions or organizations, with demonstrated expertise in— (A) supporting students with disabilities in postsec- ondary education; (B) technical knowledge necessary for the dissemina- tion of information in accessible formats; (C) working with diverse types of institutions of higher education, including community colleges; and (D) the subjects supported by the grants, contracts, or cooperative agreements authorized in subparts 1, 2, and 3.
(4) DUTIES.—The duties of the National Center shall in- clude the following: (A) ASSISTANCE TO STUDENTS AND FAMILIES.—The Na- tional Center shall provide information and technical as- sistance to students with disabilities and the families of students with disabilities to support students across the broad spectrum of disabilities, including— (i) information to assist individuals with disabil- ities who are prospective students of an institution of higher education in planning for postsecondary edu- cation while the students are in secondary school; (ii) information and technical assistance provided to individualized education program teams (as defined in section 614(d)(1) of the Individuals with Disabilities Education Act) for secondary school students with dis- abilities, and to early outreach and student services programs, including programs authorized under sub- September 8, 2023 As Amended Through P.L.
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777 HIGHER EDUCATION ACT OF 1965 838 parts 2, 4, and 5 of part A of title IV, to support stu- dents across a broad spectrum of disabilities with the successful transition to postsecondary education; (iii) research-based supports, services, and accom- modations which are available in postsecondary set- tings, including services provided by other agencies such as vocational rehabilitation; (iv) information on student mentoring and net- working opportunities for students with disabilities; and (v) effective recruitment and transition programs at postsecondary educational institutions.
(B) ASSISTANCE TO INSTITUTIONS OF HIGHER EDU- CATION.—The National Center shall provide information and technical assistance to faculty, staff, and administra- tors of institutions of higher education to improve the serv- ices provided to, the accommodations for, the retention rates of, and the completion rates of, students with disabil- ities in higher education settings, which may include— (i) collection and dissemination of best and prom- ising practices and materials for accommodating and supporting students with disabilities, including prac- tices and materials supported by the grants, contracts, or cooperative agreements authorized under subparts 1, 2, and 3; (ii) development and provision of training modules for higher education faculty on exemplary practices for accommodating and supporting postsecondary stu- dents with disabilities across a range of academic fields, which may include universal design for learning and practices supported by the grants, contracts, or co- operative agreements authorized under subparts 1, 2, and 3; and (iii) development of technology-based tutorials for higher education faculty and staff, including new fac- ulty and graduate students, on best and promising practices related to support and retention of students with disabilities in postsecondary education.
(C) INFORMATION COLLECTION AND DISSEMINATION.— The National Center shall be responsible for building, maintaining, and updating a database of disability support services information with respect to institutions of higher education, or for expanding and updating an existing data- base of disabilities support services information with re- spect to institutions of higher education.
Such database shall be available to the general public through a website built to high technical standards of accessibility prac- ticable for the broad spectrum of individuals with disabil- ities.

Such database and website shall include available in- formation on— (i) disability documentation requirements; (ii) support services available; (iii) links to financial aid; (iv) accommodations policies; September 8, 2023 As Amended Through P.L.
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777 (v) accessible instructional materials; (vi) other topics relevant to students with disabil- ities; and (vii) the information in the report described in subparagraph (E).
(D) DISABILITY SUPPORT SERVICES.—The National Cen- ter shall work with organizations and individuals with proven expertise related to disability support services for postsecondary students with disabilities to evaluate, im- prove, and disseminate information related to the delivery of high quality disability support services at institutions of higher education.
(E) REVIEW AND REPORT.—Not later than three years after the establishment of the National Center, and every two years thereafter, the National Center shall prepare and disseminate a report to the Secretary and the author- izing committees analyzing the condition of postsecondary success for students with disabilities.
Such report shall in- clude— (i) a review of the activities and the effectiveness of the programs authorized under this part; (ii) annual enrollment and graduation rates of stu- dents with disabilities in institutions of higher edu- cation from publicly reported data; (iii) recommendations for effective postsecondary supports and services for students with disabilities, and how such supports and services may be widely im- plemented at institutions of higher education; (iv) recommendations on reducing barriers to full participation for students with disabilities in higher education; and (v) a description of strategies with a demonstrated record of effectiveness in improving the success of such students in postsecondary education.
(F) STAFFING OF THE CENTER.—In hiring employees of the National Center, the National Center shall consider the expertise and experience of prospective employees in providing training and technical assistance to practi- tioners.
(b) COORDINATING CENTER.— (1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, the term ‘‘eligible entity’’ means an entity, or a partnership of entities, that has demonstrated expertise in the fields of— (A) higher education; (B) the education of students with intellectual disabil- ities; (C) the development of comprehensive transition and postsecondary programs for students with intellectual dis- abilities; and (D) evaluation and technical assistance.
(2) IN GENERAL.—From amounts appropriated under sec- tion 778, the Secretary shall enter into a cooperative agree- ment, on a competitive basis, with an eligible entity for the purpose of establishing a coordinating center for institutions of September 8, 2023 As Amended Through P.L.

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777 HIGHER EDUCATION ACT OF 1965 840 higher education that offer inclusive comprehensive transition and postsecondary programs for students with intellectual dis- abilities, including institutions participating in grants author- ized under subpart 2, to provide— (A) recommendations related to the development of standards for such programs; (B) technical assistance for such programs; and (C) evaluations for such programs.
(3) ADMINISTRATION.—The program under this subsection shall be administered by the office in the Department that ad- ministers other postsecondary education programs.

(4) DURATION.—The Secretary shall enter into a coopera- tive agreement under this subsection for a period of five years.
(5) REQUIREMENTS OF COOPERATIVE AGREEMENT.—The eli- gible entity entering into a cooperative agreement under this subsection shall establish and maintain a coordinating center that shall— (A) serve as the technical assistance entity for all com- prehensive transition and postsecondary programs for stu- dents with intellectual disabilities; (B) provide technical assistance regarding the develop- ment, evaluation, and continuous improvement of such programs; (C) develop an evaluation protocol for such programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of academic enrichment, socialization, inde- pendent living, and competitive or supported employment; (D) assist recipients of grants under subpart 2 in ef- forts to award a meaningful credential to students with in- tellectual disabilities upon the completion of such pro- grams, which credential shall take into consideration unique State factors; (E) develop recommendations for the necessary compo- nents of such programs, such as— (i) academic, vocational, social, and independent living skills; (ii) evaluation of student progress; (iii) program administration and evaluation; (iv) student eligibility; and (v) issues regarding the equivalency of a student’s participation in such programs to semester, trimester, quarter, credit, or clock hours at an institution of higher education, as the case may be; (F) analyze possible funding streams for such pro- grams and provide recommendations regarding the fund- ing streams; (G) develop model memoranda of agreement for use between or among institutions of higher education and State and local agencies providing funding for such pro- grams; (H) develop mechanisms for regular communication, outreach and dissemination of information about com- prehensive transition and postsecondary programs for stu- September 8, 2023 As Amended Through P.L.
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781 dents with intellectual disabilities under subpart 2 be- tween or among such programs and to families and pro- spective students; (I) host a meeting of all recipients of grants under sub- part 2 not less often than once each year; and (J) convene a workgroup to develop and recommend model criteria, standards, and components of such pro- grams as described in subparagraph (E), that are appro- priate for the development of accreditation standards, which workgroup shall include— (i) an expert in higher education; (ii) an expert in special education; (iii) a disability organization that represents stu- dents with intellectual disabilities; (iv) a representative from the National Advisory Committee on Institutional Quality and Integrity; and (v) a representative of a regional or national ac- creditation agency or association.
(6) REPORT.—Not later than five years after the date of the establishment of the coordinating center under this subsection, the coordinating center shall report to the Secretary, the au- thorizing committees, and the National Advisory Committee on Institutional Quality and Integrity on the recommendations of the workgroup described in paragraph (5)(J).

SEC.

778. ø20 U.S.C.

1140r¿ AUTHORIZATION OF APPROPRIATIONS.


There are authorized to be appropriated to carry out this sub- part such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART E—COLLEGE ACCESS CHALLENGE GRANT PROGRAM SEC.

781. ø20 U.S.C.

1141¿ COLLEGE ACCESS CHALLENGE GRANT PRO- GRAM.


(a) AUTHORIZATION AND APPROPRIATION.—There are authorized to be appropriated, and there are appropriated, to carry out this section $150,000,000 for each of the fiscal years 2010 through 2014.

The authority to award grants under this section shall expire at the end of fiscal year 2014.
In addition to the amount authorized and appropriated under the preceding sentence, there are author- ized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
(b) PROGRAM AUTHORIZED.— (1) GRANTS AUTHORIZED.—From amounts appropriated under subsection (a), the Secretary shall, subject to the avail- ability of appropriations, award grants, from allotments under subsection (c), to States (and to philanthropic organization, as appropriate under paragraph (3)) having applications approved under subsection (d), to enable the State (or philanthropic or- ganization) to pay the Federal share of the costs of carrying out the activities and services described in subsection (f).
(2) FEDERAL SHARE; NON-FEDERAL SHARE.— September 8, 2023 As Amended Through P.L.

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781 HIGHER EDUCATION ACT OF 1965 842 (A) FEDERAL SHARE.—The amount of the Federal share under this section for a fiscal year shall be equal to 2⁄3 of the costs of the activities and services described in subsection (f) that are carried out under the grant.

(B) NON-FEDERAL SHARE.—The amount of the non-Fed- eral share under this section shall be equal to 1⁄3 of the costs of the activities and services described in subsection (f).
The non-Federal share may be in cash or in-kind, and may be provided from State resources, contributions from private organizations, or both.
(3) REDUCTION FOR FAILURE TO PAY NON-FEDERAL SHARE.— If a State fails to provide the full non-Federal share required under this subsection, the Secretary shall reduce the amount of the grant payment under this section proportionately, and may award the proportionate reduction amount of the grant di- rectly to a philanthropic organization, as defined in subsection (i), to carry out this section.
(4) TEMPORARY INELIGIBILITY FOR SUBSEQUENT PAY- MENTS.— (A) IN GENERAL.—The Secretary shall determine a grantee to be temporarily ineligible to receive a grant pay- ment under this section for a fiscal year if— (i) the grantee fails to submit an annual report pursuant to subsection (h) for the preceding fiscal year; or (ii) the Secretary determines, based on informa- tion in such annual report, that the grantee is not ef- fectively meeting the conditions described under sub- section (g) and the goals of the application under sub- section (d).
(B) REINSTATEMENT.—If the Secretary determines that a grantee is ineligible under subparagraph (A), the Sec- retary may enter into an agreement with the grantee set- ting forth the terms and conditions under which the grant- ee may regain eligibility to receive payments under this section.
(c) DETERMINATION OF ALLOTMENT.— (1) AMOUNT OF ALLOTMENT.—Subject to paragraph (2), in making grant payments to grantees under this section, the al- lotment to each grantee for a fiscal year shall be equal to the sum of— (A) the amount that bears the same relation to 50 per- cent of the amount appropriated under subsection (a) for such fiscal year as the number of residents in the State aged 5 through 17 who are living below the poverty line applicable to the resident’s family size (as determined under section 673(2) of the Community Services Block Grant Act) bears to the total number of such residents in all States; and (B) the amount that bears the same relation to 50 per- cent of the amount appropriated under subsection (a) for such fiscal year as the number of residents in the State aged 15 through 44 who are living below the poverty line applicable to the individual’s family size (as determined September 8, 2023 As Amended Through P.L.
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781 under section 673(2) of the Community Services Block Grant Act) bears to the total number of such residents in all States.
(2) MINIMUM AMOUNT.—The allotment for each State under this section for a fiscal year shall not be an amount that is less than 1.0 percent of the total amount appropriated under subsection (a) for such fiscal year.
(d) SUBMISSION AND CONTENTS OF APPLICATION.— (1) IN GENERAL.—For each fiscal year for which a grantee desires a grant payment under subsection (b), the State agency with jurisdiction over higher education, or another agency des- ignated by the Governor or chief executive of the State to ad- minister the program under this section, or a philanthropic or- ganization, in accordance with subsection (b)(3), shall submit an application to the Secretary at such time, in such manner, and containing the information described in paragraph (2).
(2) APPLICATION.—An application submitted under para- graph (1) shall include the following: (A) A description of the grantee’s capacity to admin- ister the grant under this section and report annually to the Secretary on the activities and services described in subsection (f).
(B) A description of the grantee’s plan for using the grant funds to meet the requirements of subsections (f) and (g), including plans for how the grantee will make spe- cial efforts to— (i) provide such benefits to students in the State that are underrepresented in postsecondary education; or (ii) in the case of a philanthropic organization that operates in more than one State, provide benefits to such students in each such State for which the philan- thropic organization is receiving grant funds under this section.
(C) A description of how the grantee will provide or co- ordinate the provision of the non-Federal share from State resources or private contributions.

(D) A description of— (i) the structure that the grantee has in place to administer the activities and services described in sub- section (f); or (ii) the plan to develop such administrative capac- ity.
(e) SUBGRANTS TO NONPROFIT ORGANIZATIONS.—A State receiv- ing a payment under this section may elect to make a subgrant to one or more nonprofit organizations in the State, including an eligi- ble not-for-profit holder (as described in section 435(p)), or those nonprofit organizations that have agreements with the Secretary under section 428(b), or a partnership of such organizations, to carry out activities or services described in subsection (f), if the nonprofit organization or partnership— (1) was in existence on the day before the date of the en- actment of this Act; and September 8, 2023 As Amended Through P.L.
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781 HIGHER EDUCATION ACT OF 1965 844 (2) as of such day, was participating in activities and serv- ices related to increasing access to higher education, such as those activities and services described in subsection (f).
(f) ALLOWABLE USES.— (1) IN GENERAL.—Subject to paragraph (3), a grantee may use a grant payment under this section only for the following activities and services, pursuant to the conditions under sub- section (g): (A) Information for students and families regarding— (i) the benefits of a postsecondary education; (ii) postsecondary education opportunities; (iii) planning for postsecondary education; and (iv) career preparation.
(B) Information on financing options for postsecondary education and activities that promote financial literacy and debt management among students and families.

(C) Outreach activities for students who may be at risk of not enrolling in or completing postsecondary edu- cation.

(D) Assistance in completion of the Free Application for Federal Student Aid or other common financial report- ing form under section 483(a) of the Higher Education Act of 1965.

(E) Need-based grant aid for students.
(F) Professional development for guidance counselors at middle schools and secondary schools, and financial aid administrators and college admissions counselors at insti- tutions of higher education, to improve such individuals’ capacity to assist students and parents with— (i) understanding— (I) entrance requirements for admission to in- stitutions of higher education; and (II) State eligibility requirements for Aca- or National demic Competitiveness Grants SMART Grants under section 401A, and other fi- nancial assistance that is dependent upon a stu- dent’s coursework; (ii) applying to institutions of higher education; (iii) applying for Federal student financial assist- ance and other State, local, and private student finan- cial assistance and scholarships; (iv) activities that increase students’ ability to suc- cessfully complete the coursework required for a post- secondary degree, including activities such as tutoring or mentoring; and (v) activities to improve secondary school students’ preparedness for postsecondary entrance examina- tions.
(G) Student loan cancellation or repayment (as appli- cable), or interest rate reductions, for borrowers who are employed in a high-need geographical area or a high-need profession in the State, as determined by the State.

(2) PROHIBITED USES.—Funds made available under this section shall not be used to promote any lender’s loans.

September 8, 2023 As Amended Through P.L.


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781 (3) USE OF FUNDS FOR ADMINISTRATIVE PURPOSES.—A grantee may use not more than 6 percent of the total amount of the sum of the Federal share provided under this section and the non-Federal share required under this section for ad- ministrative purposes relating to the grant under this section.
(g) SPECIAL CONDITIONS.— (1) AVAILABILITY TO STUDENTS AND FAMILIES.—A grantee receiving a grant payment under this section shall— (A) make the activities and services described in sub- paragraphs (A) through (F) of subsection (f)(1) that are funded under the payment available to all qualifying stu- dents and families in the State; (B) allow students and families to participate in the activities and services without regard to— (i) the postsecondary institution in which the stu- dent enrolls; (ii) the type of student loan the student receives; (iii) the servicer of such loan; or (iv) the student’s academic performance; (C) not charge any student or parent a fee or addi- tional charge to participate in the activities or services; and (D) in the case of an activity providing grant aid, not require a student to meet any condition other than eligi- bility for Federal financial assistance under title IV of the Higher Education Act of 1965, except as provided for in the loan cancellation or repayment or interest rate reduc- tions described in subsection (f)(1)(G).
(2) PRIORITY.—A grantee receiving a grant payment under this section shall, in carrying out any activity or service de- scribed in subsection (f)(1) with the grant funds, prioritize stu- dents and families who are living below the poverty line appli- cable to the individual’s family size (as determined under sec- tion 673(2) of the Community Services Block Grant Act).
(3) DISCLOSURES.— (A) ORGANIZATIONAL DISCLOSURES.—In the case of a State that has chosen to make a payment to an eligible not-for-profit holder in the State in accordance with sub- section (e), the holder shall clearly and prominently indi- cate the name of the holder and the nature of the holder’s work in connection with any of the activities carried out, or any information or services provided, with such funds.
(B) INFORMATIONAL DISCLOSURES.—Any information about financing options for higher education provided through an activity or service funded under this section shall— (i) include information to students and the stu- dents’ parents of the availability of Federal, State, local, institutional, and other grants and loans for postsecondary education; and (ii) present information on financial assistance for postsecondary education that is not provided under title IV of the Higher Education Act of 1965 in a man- September 8, 2023 As Amended Through P.L.
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781 HIGHER EDUCATION ACT OF 1965 846 ner that is clearly distinct from information on student financial assistance under such title.
(4) COORDINATION.—A grantee receiving a grant payment under this section shall attempt to coordinate the activities carried out with the grant payment with any existing activities that are similar to such activities, and with any other entities that support the existing activities in the State.
(h) REPORT.—A grantee receiving a payment under this section shall prepare and submit an annual report to the Secretary on the activities and services carried out under this section, and on the implementation of such activities and services.
The report shall in- clude— (1) each activity or service that was provided to students and families over the course of the year; (2) the cost of providing each activity or service; (3) the number, and percentage, if feasible and applicable, of students who received each activity or service; and (4) the total contributions from private organizations in- cluded in the grantee’s non-Federal share for the fiscal year.
(i) DEFINITIONS.—In this section: (1) PHILANTHROPIC ORGANIZATION.—The term thropic organization’’ means a non-profit organization— ‘‘philan- (A) that does not receive funds under title IV of the Higher Education Act of 1965 or under the Elementary and Secondary Education Act of 1965; (B) that is not a local educational agency or an institu- tion of higher education; (C) that has a demonstrated record of dispersing grant aid to underserved populations to ensure access to, and participation in, higher education; (D) that is affiliated with an eligible consortium (as defined in paragraph (2)) to carry out this section; and (E) the primary purpose of which is to provide finan- cial aid and support services to students from underrep- resented populations to increase the number of such stu- dents who enter and remain in college.
(2) ELIGIBLE CONSORTIUM.—The term ‘‘eligible consortium’’ means a partnership of 2 or more entities that have agreed to work together to carry out this section that— (A) includes— (i) a philanthropic organization, which serves as the manager of the consortium; (ii) a State that demonstrates a commitment to ensuring the creation of a Statewide system to address the issues of early intervention and financial support for eligible students to enter and remain in college; and (iii) at the discretion of the philanthropic organi- zation described in clause (i), additional partners, in- cluding other non-profit organizations, government en- tities (including local municipalities, school districts, cities, and counties), institutions of higher education, and other public or private programs that provide mentoring or outreach programs; and September 8, 2023 As Amended Through P.L.
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801 (B) conducts activities to assist students with entering and remaining in college, which may include— (i) providing need-based grants to students; (ii) providing early notification to low-income stu- dents of their potential eligibility for Federal financial aid (which may include assisting students and families with filling out FAFSA forms), as well as other finan- cial aid and other support available from the eligible consortium; (iii) encouraging increased student participation in higher education through mentoring or outreach pro- grams; and (iv) conducting marketing and outreach efforts that are designed to— (I) encourage full participation of students in the activities of the consortium that carry out this section; and (II) provide the communities impacted by the activities of the consortium with a general knowl- edge about the efforts of the consortium.
(3) GRANTEE.—The term ‘‘grantee’’ means— (A) a State awarded a grant under this section; or (B) with respect to such a State that has failed to meet the non-Federal share requirement of subsection (b), a philanthropic organization awarded the proportionate re- duction amount of such a grant under subsection (b)(3).

TITLE VIII—ADDITIONAL PROGRAMS PART A—PROJECT GRAD SEC.

801. ø20 U.S.C.

1161a¿ PROJECT GRAD.


(a) PURPOSES.—The purposes of this section are— (1) to provide support and assistance to programs imple- menting integrated education reform services in order to im- prove secondary school graduation, postsecondary program at- tendance, and postsecondary completion rates for low-income students; and (2) to promote the establishment of new programs to im- plement such integrated education reform services.
(b) DEFINITIONS.—In this section: (1) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ means a student who is determined by a local educational agency to be from a low-income family using the measures de- scribed in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965.

(2) FEEDER PATTERN.—The term ‘‘feeder pattern’’ means a secondary school and the elementary schools and middle schools that channel students into that secondary school.
(c) CONTRACT AUTHORIZED.—From the amount appropriated to carry out this section, the Secretary is authorized to award a five- year contract to Project GRAD USA (referred to in this section as the ‘‘contractor’’), a nonprofit education organization that has as its September 8, 2023 As Amended Through P.L.

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801 HIGHER EDUCATION ACT OF 1965 848 primary purpose the improvement of secondary school graduation and postsecondary attendance and completion rates for low-income students.

Such contract shall be used to carry out the requirements of subsection (d) and to implement and sustain integrated edu- cation reform services through subcontractor activities described in subsection (e)(3) at existing Project GRAD program sites and to promote the expansion to new sites.
(d) REQUIREMENTS OF CONTRACT.—The Secretary shall enter into an agreement with the contractor that requires that the con- tractor shall— (1) enter into subcontracts with nonprofit educational orga- nizations that serve a substantial number or percentage of low- income students (referred to in this subsection as ‘‘subcontrac- tors’’), under which the subcontractors agree to implement the Project GRAD programs described in subsection (e) and provide matching funds for such programs; (2) directly carry out— (A) activities to implement and sustain the literacy, mathematics, classroom management, social service, and postsecondary access programs further described in sub- section (e)(3); (B) activities to build the organizational and manage- ment capacity of the subcontractors to effectively imple- ment and sustain the programs; (C) activities for the purpose of improving and expand- ing the programs, including activities— (i) to further articulate a program for one or more grade levels and across grade levels; (ii) to tailor a program for a particular target au- dience; and (iii) to provide tighter integration across pro- grams; (D) activities for the purpose of implementing new Project GRAD program sites; (E) activities for the purpose of promoting greater pub- lic awareness of integrated education reform services to improve secondary school graduation and postsecondary attendance rates for low-income students; and (F) other activities directly related to improving sec- ondary school graduation and postsecondary attendance and completion rates for low-income students; and (3) use contract funds available under this section to pay— (A) the amount determined under subsection (f); and (B) costs associated with carrying out the activities and providing the services, as provided in paragraph (2) of this subsection.
(e) SUPPORTED PROGRAMS.— (1) DESIGNATION.—The subcontractor programs referred to in this subsection shall be known as Project GRAD programs.

(2) FEEDER PATTERNS.—Each subcontractor shall imple- ment a Project GRAD program and shall, with the agreement of the contractor— (A) identify or establish not less than one feeder pat- tern of public schools; and September 8, 2023 As Amended Through P.L.
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801 (B) provide the integrated educational reform services described in paragraph (3) at each identified feeder pat- tern.
(3) INTEGRATED EDUCATION REFORM SERVICES.—The serv- ices provided through a Project GRAD program may include— (A) research-based programs in reading, mathematics, and classroom management; (B) campus-based social services programs, including a systematic approach to increase family and community in- volvement in the schools served by the Project GRAD pro- gram; (C) a postsecondary access program that includes— (i) providing postsecondary scholarships for stu- dents who meet established criteria; (ii) proven approaches for increasing student and family postsecondary awareness; and (iii) assistance for students in applying for higher education financial aid; and (D) such other services identified by the contractor as necessary to increase secondary school graduation and postsecondary attendance and completion rates.
(f) USE OF FUNDS.—Of the funds made available to carry out this section, not more than five percent of such funds, or $4,000,000, whichever is less, shall be used by the contractor to pay for administration of the contract.
(g) CONTRIBUTION AND MATCHING REQUIREMENT.— (1) IN GENERAL.—The contractor shall provide to each sub- contractor an average of $200 for each student served by the subcontractor in the Project GRAD program, adjusted to take into consideration— (A) the resources or funds available in the area where the subcontractor will implement the Project GRAD pro- gram; and (B) the need for the Project GRAD program in such area to improve student outcomes, including reading and mathematics achievement, secondary school graduation, and postsecondary attendance and completion rates.
(2) MATCHING REQUIREMENT.—Each subcontractor shall provide funds for the Project GRAD program in an amount that is equal to the amount received by the subcontractor from the contractor.

Such matching funds may be provided in cash or in kind, fairly evaluated.
(3) WAIVER AUTHORITY.—The contractor may waive, in whole or in part, the requirement of paragraph (2) for a sub- contractor, if the subcontractor— (A) demonstrates that the subcontractor would not otherwise be able to participate in the program; and (B) enters into an agreement with the contractor with respect to the amount to which the waiver will apply.
(h) EVALUATION.— (1) EVALUATION BY THE SECRETARY.—The Secretary shall select an independent entity to evaluate, every three years, the performance of students who participate in a Project GRAD program under this section.

The evaluation shall— September 8, 2023 As Amended Through P.L.

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802 HIGHER EDUCATION ACT OF 1965 850 (A) be conducted using a rigorous research design for determining the effectiveness of the Project GRAD pro- grams funded under this section; and (B) compare reading and mathematics achievement, secondary school graduation, and postsecondary attend- ance and completion rates of students who participate in a Project GRAD program funded under this section with those indicators for students of similar backgrounds who do not participate in such program.
(2) EVALUATION BY CONTRACTOR AND SUBCONTRACTORS.— The contractor shall require each subcontractor to prepare an in-depth report of the results and the use of funds of each Project GRAD program funded under this section that in- cludes— (A) data on the reading and mathematics achievement of students involved in the Project GRAD program; (B) data on secondary school graduation and postsec- ondary attendance and completion rates; and (C) such financial reporting as required by the Sec- retary to review the effectiveness and efficiency of the pro- gram.
(3) AVAILABILITY OF EVALUATIONS.—Copies of any evalua- tion or report prepared under this subsection shall be made available to— (A) the Secretary; and (B) the authorizing committees.

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART B—MATHEMATICS AND SCIENCE SCHOLARS PROGRAM SEC.

802. ø20 U.S.C.

1161b¿ MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.


(a) PROGRAM AUTHORIZED.—From the amounts appropriated under subsection (f), the Secretary is authorized to award grants to States, on a competitive basis, to enable the States to encourage students to pursue a rigorous course of study, beginning in sec- ondary school and continuing through the students’ postsecondary education, in science, technology, engineering, mathematics, or a health-related field.
(b) APPLICATIONS.— (1) IN GENERAL.—A State that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

A State may submit an application to receive a grant under subsection (c) or (d), or both.

(2) CONTENTS OF APPLICATION.—Each application shall in- clude a description of— (A) the program or programs for which the State is ap- plying; September 8, 2023 As Amended Through P.L.
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802 (B) if applicable, the priority set by the Governor pur- suant to subsection (c)(4) or (d)(3); and (C) how the State will meet the requirements of sub- section (e).
(c) MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.— (1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award grants under this subsection to provide scholarship support to eligible students.

(2) ELIGIBLE STUDENTS.—A student is eligible for a schol- arship under this subsection if the student— (A) meets the requirements of section 484(a); (B) is a full-time student in the student’s first year of undergraduate study; and (C) has completed a rigorous secondary school cur- riculum in mathematics and science.
(3) RIGOROUS CURRICULUM.—Each participating State shall determine the requirements for a rigorous secondary school curriculum in mathematics and science described in paragraph (2)(C).
(4) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State may set a priority for awarding scholarships under this sub- section for particular eligible students, such as students at- tending schools in high-need local educational agencies (as de- fined in section 200), students who are from groups underrep- resented in the fields of mathematics, science, and engineering, students served by local educational agencies that do not meet or exceed State standards in mathematics and science, or other high-need students.
(5) AMOUNT AND DURATION OF SCHOLARSHIP.—The Sec- retary shall award a grant under this subsection to provide scholarships— (A) in an amount that does not exceed $5,000 per stu- dent; and (B) for not more than one year of undergraduate study.

(d) STEM OR HEALTH-RELATED SCHOLARS PROGRAM.— (1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award grants under this subsection to provide scholarship support to eligible students.
(2) ELIGIBLE STUDENTS.—A student is eligible for scholar- ship under this subsection if the student— (A) meets the requirements of section 484(a); (B) is a full-time student who has completed at least the first year of undergraduate study; (C) is enrolled in a program of undergraduate instruc- tion leading to a bachelor’s degree with a major in science, technology, engineering, mathematics, or a health-related field; and (D) has obtained a cumulative grade point average of at least a 3.0 (or the equivalent as determined under regu- lations prescribed by the Secretary) at the end of the most recently completed term.
(3) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State may set a priority for awarding scholarships under this sub- September 8, 2023 As Amended Through P.L.

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803 HIGHER EDUCATION ACT OF 1965 852 section for students agreeing to work in areas of science, tech- nology, engineering, mathematics, or health-related fields.

(4) AMOUNT AND DURATION OF SCHOLARSHIP.—The Sec- retary shall award a grant under this subsection to provide scholarships— (A) in an amount that does not exceed $5,000 per stu- dent for an academic year; and (B) in an aggregate amount that does not exceed $20,000 per student.
(e) MATCHING REQUIREMENT.—In order to receive a grant under this section, a State shall provide matching funds for the scholarships awarded under this section in an amount equal to 50 percent of the Federal funds received.

(f) AUTHORIZATION.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

(g) DEFINITION.—The term ‘‘Governor’’ means the chief execu- tive officer of a State.
PART C—BUSINESS WORKFORCE PARTNER- SHIPS FOR JOB SKILL TRAINING IN HIGH- GROWTH OCCUPATIONS OR INDUSTRIES SEC.

803. ø20 U.S.C.

1161c¿ BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUSTRIES.
(a) PURPOSE.—The purpose of this section is to provide grants to institutions of higher education partnering with employers to— (1) provide relevant job skill training in high-growth and high-wage industries or occupations to nontraditional students; and (2) strengthen ties between degree credit offerings at insti- tutions of higher education and business and industry work- force needs.
(b) AUTHORIZATION.— (1) IN GENERAL.—From the amounts appropriated under subsection (k), the Secretary shall award grants, on a competi- tive basis, to eligible partnerships for the purpose provided in subsection (a).

(2) DURATION.—The Secretary shall award grants under this section for a period of not less than 36 months and not more than 60 months.
(3) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this section shall be used to supplement, and not sup- plant, other Federal, State, and local funds available to the eli- gible partnership for carrying out the activities described in subsection (c).
(c) USE OF FUNDS.—In consultation with all of the members of an eligible partnership, grant funds provided under this section may be used to— (1) expand or create for-credit academic programs or pro- grams of training that provide relevant job skill training for high-growth and high-wage occupations or industries, includ- September 8, 2023 As Amended Through P.L.
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803 ing offerings connected to registered apprenticeship programs and entrepreneurial training opportunities; (2) in consultation with faculty in the appropriate depart- ments of an institution of higher education, adapt college offer- ings to the schedules and needs of working students, such as the creation of evening, weekend, modular, compressed, or dis- tance learning formats; (3) purchase equipment that will facilitate the develop- ment of academic programs or programs of training that pro- vide training for high-growth and high-wage occupations or in- dustries; (4) strengthen outreach efforts that enable students, in- cluding students with limited English proficiency, to attend in- stitutions of higher education with academic programs or pro- grams of training focused on high-growth and high-wage occu- pations or industries; (5) expand worksite learning and training opportunities, including registered apprenticeships as appropriate; and (6) support other activities the Secretary determines to be consistent with the purpose of this section.
(d) APPLICATION.— (1) IN GENERAL.—Each eligible partnership that desires a grant under this section shall submit an application to the Sec- retary at such time, in such manner, and accompanied by such additional information as the Secretary may require.
(2) CONTENTS.—Each application submitted under para- graph (1) shall include a description of— (A) how the eligible partnership, through the institu- tion of higher education, will provide relevant job skill training for students to enter high-growth and high-wage occupations or industries; and (B) how the eligible partnership has consulted with employers and, where applicable, labor organizations to identify local high-growth and high-wage occupations or industries.
(e) AWARD BASIS.—In awarding grants under this section, the Secretary shall— (1) give priority to applications focused on serving non- traditional students; (2) ensure an equitable distribution of grant funds under this section among urban and rural areas of the United States; and (3) take into consideration the capability of an institution of higher education that is participating in an eligible partner- ship to— (A) offer one- or two-year high-quality programs of in- struction and job skill training for students entering a high-growth and high-wage occupation or industry; (B) involve the local business community, and to place graduates in employment in high-growth and high-wage occupations or industries in the community; and (C) serve adult workers or displaced workers.
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803 HIGHER EDUCATION ACT OF 1965 854 (f) ADMINISTRATIVE COSTS.—A grantee under this section may use not more than five percent of the grant amount to pay adminis- trative costs associated with activities funded by the grant.
(g) TECHNICAL ASSISTANCE.—The Secretary shall provide tech- nical assistance to grantees under this section throughout the grant period.

(h) EVALUATION.—The Secretary shall conduct an evaluation of the effectiveness of the program under this section based on per- formance standards developed in consultation with the Department of Labor, and shall disseminate to the public the findings of such evaluation and information related to promising practices devel- oped under this section.
(i) REPORT TO CONGRESS.—Not later than 36 months after the first grant is awarded under this section, the Comptroller General shall report to the authorizing committees recommendations— (1) for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and Opportunity Act (including titles I and II), to help create and sustain business and indus- try workforce partnerships at institutions of higher education; and (2) for other changes to this Act and related Acts to other- wise strengthen the links between business and industry work- force needs, workforce development programs, and other de- gree credit offerings at institutions of higher education.
(j) DEFINITIONS.—In this section: (1) ELIGIBLE PARTNERSHIP.— (A) IN GENERAL.—The term ‘‘eligible partnership’’ means a partnership that includes— (i) one or more institutions of higher education, one of which serves as the fiscal agent and grant re- cipient for the eligible partnership; (ii) except as provided in subparagraph (B), an employer, group of employers, local board (as such term is defined in section 3 of the Workforce Innova- tion and Opportunity Act), or workforce intermediary, or any combination thereof; and (iii) where applicable, one or more labor organiza- tions that represent workers locally in the businesses or industries that are the focus of the partnership, in- cluding as a result of such an organization’s represen- tation of employees at a worksite at which the part- nership proposes to conduct activities under this sec- tion.
(B) STATE AND LOCAL BOARDS.—Notwithstanding sub- paragraph (A), if an institution of higher education that is participating in an eligible partnership under this section is located in a State that does not operate local boards, an eligible partnership may include a State board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act).
(C) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to prohibit an eligible partner- ship that is in existence on the date of enactment of the September 8, 2023 As Amended Through P.L.

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804 Higher Education Opportunity Act from applying for a grant under this section.
(2) NONTRADITIONAL STUDENT.—The term ‘‘nontraditional student’’ means a student— (A) who is an independent student, as defined in sec- tion 480(d); (B) who attends an institution of higher education— (i) on less than a full-time basis; (ii) via evening, weekend, modular, or compressed courses; or (C) who— (iii) via distance education methods; and (i) enrolled for the first time in an institution of higher education three or more years after completing high school; or (ii) works full-time.
(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART D—CAPACITY FOR NURSING STUDENTS AND FACULTY SEC.

804. ø20 U.S.C.

1161d¿ CAPACITY FOR NURSING STUDENTS AND FACULTY.
(a) AUTHORIZATION.—From the amounts appropriated under subsection (f), the Secretary shall award grants to institutions of higher education that offer— (1) an accredited registered nursing program at the bacca- laureate or associate degree level to enable such program to ex- pand the faculty and facilities of such program to accommodate additional students in such program; or (2) an accredited graduate-level nursing program to accom- modate advanced practice degrees for registered nurses or to accommodate students enrolled in such program to become teachers of nursing students.
(b) DETERMINATION OF NUMBER OF STUDENTS AND APPLICA- TION.—Each institution of higher education that offers a program described in subsection (a) that desires to receive a grant under this section shall— (1) determine, for the four academic years preceding the academic year for which the determination is made, the aver- age number of matriculated nursing program students, in each of the institution’s accredited associate, baccalaureate, or ad- vanced nursing degree programs at such institution for such academic years; (2) submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Sec- retary may require, including the average number in each of the institution’s accredited nursing programs determined under paragraph (1); and (3) with respect to the partnerships described in subsection September 8, 2023 As Amended Through P.L.
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804 HIGHER EDUCATION ACT OF 1965 856 (A) the individuals enrolled in the program will— (i) be registered nurses in pursuit of a master’s or doctoral degree in nursing; and (ii) have a contractual obligation with the hospital or health facility that is in partnership with the insti- tution of higher education; (B) the hospital or health facility of employment will be the clinical site for the accredited school of nursing pro- gram, if the program requires a clinical site; (C) individuals enrolled in the program will— (i) maintain their employment on at least a part- time basis with the hospital or health facility that al- lowed them to participate in the program; and (ii) receive an income from the hospital or health facility, as at least a part-time employee, and release times or flexible schedules, to accommodate their pro- gram requirements, as necessary; and (D) upon completion of the program, recipients of scholarships described in subsection (c)(2)(B)(ii)(III) will be required to teach for two years in an accredited school of nursing for each year of support the individual received under this section.
(c) GRANT AMOUNT; AWARD BASIS.— (1) GRANT AMOUNT.—For each academic year after aca- demic year 2009–2010, the Secretary is authorized to provide to each institution of higher education awarded a grant under this section an amount that is equal to $3,000 multiplied by the number by which— (A) the number of matriculated nursing program stu- dents at such institution for such academic year, exceeds (B) the average number determined with respect to such institution under subsection (b)(1).
(2) DISTRIBUTION OF GRANTS AMONG DIFFERENT DEGREE PROGRAMS.— (A) IN GENERAL.—Subject to subparagraph (D), from the funds available to award grants under this section for each fiscal year, the Secretary shall— (i) use 20 percent of such funds to award grants under this section to institutions of higher education for the purpose of accommodating advanced practice degrees or students in accredited graduate-level nurs- ing programs; (ii) use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding accredited registered nurse programs at the baccalaureate degree level; and (iii) use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding accredited registered nurse programs at the associate degree level.
(B) OPTIONAL USES OF FUNDS.—Grants awarded under this section may be used to support partnerships with hos- pitals or health facilities to— September 8, 2023 As Amended Through P.L.

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804 (i) improve the alignment between nursing edu- cation and the emerging challenges of health care de- livery by— (I) the purchase of distance learning tech- nologies and expanding methods of delivery of in- struction to include alternatives to onsite learn- ing; and (II) the collection, analysis, and dissemination of data on educational outcomes and best practices identified through the activities described in this section; and (ii) ensure that students can earn a salary while obtaining an advanced degree in nursing with the goal of becoming nurse faculty by— (I) funding release time for qualified nurses enrolled in the graduate nursing program; (II) providing for faculty salaries; or (III) providing scholarships to qualified nurses in pursuit of an advanced degree with the goal of becoming faculty members in an accredited nurs- ing program.
(C) CONSIDERATIONS IN MAKING AWARDS.—In awarding grants under this section, the Secretary shall consider the following: (i) GEOGRAPHIC DISTRIBUTION.—Providing an equi- table geographic distribution of such grants.

(ii) URBAN AND RURAL AREAS.—Distributing such grants to urban and rural areas.
(iii) RANGE AND TYPE OF INSTITUTION.—Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher edu- cation, including institutions providing alternative methods of delivery of instruction in addition to on- site learning.
(D) DISTRIBUTION OF EXCESS FUNDS.—If, for a fiscal year, funds described in clause (i), (ii), or (iii) of subpara- graph (A) remain available after the Secretary awards grants under this section to all applicants for the par- ticular category of accredited nursing programs described in such clause, the Secretary shall use equal amounts of the remaining funds to award grants under this section to applicants that applied under the other categories of nurs- ing programs.
(E) LIMITATION.—Of the amount appropriated to carry out this section, the Secretary may award not more than ten percent of such amount for the optional purposes under subparagraph (B).
(d) DEFINITIONS.—For purposes of this section: (1) HEALTH FACILITY.—The term ‘‘health facility’’ means an Indian health service center, a Native Hawaiian health center, a hospital, a federally qualified health center, a rural health clinic, a nursing home, a home health agency, a hospice pro- gram, a public health clinic, a State or local department of September 8, 2023 As Amended Through P.L.
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805 HIGHER EDUCATION ACT OF 1965 858 public health, a skilled nursing facility, or an ambulatory sur- gical center.

(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).
296).

(e) PROHIBITION.— (1) IN GENERAL.—Funds provided under this section may not be used for the construction of new facilities.

(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) shall be construed to prohibit funds provided under this section from being used for the repair or renovation of facilities.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
PART E—AMERICAN HISTORY FOR FREEDOM SEC.

805. ø20 U.S.C.

1161e¿ AMERICAN HISTORY FOR FREEDOM.


(a) GRANTS AUTHORIZED.—From the amounts appropriated under subsection (f), the Secretary is authorized to award three- year grants, on a competitive basis, to eligible institutions to estab- lish or strengthen postsecondary academic programs or centers that promote and impart knowledge of— (1) traditional American history; (2) the history and nature of, and threats to, free institu- tions; or (3) the history and achievements of Western civilization.
(b) DEFINITIONS.—In this section: (1) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’ means an institution of higher education as defined in section 101.

(2) FREE INSTITUTION.—The term ‘‘free institution’’ means an institution that emerged out of Western civilization, such as democracy, constitutional government, individual rights, mar- ket economics, religious freedom and religious tolerance, and freedom of thought and inquiry.
(3) TRADITIONAL AMERICAN HISTORY.—The term ‘‘tradi- tional American history’’ means— (A) the significant constitutional, political, intellectual, economic, and foreign policy trends and issues that have shaped the course of American history; and (B) the key episodes, turning points, and leading fig- ures involved in the constitutional, political, intellectual, diplomatic, and economic history of the United States.
(c) APPLICATION.— (1) IN GENERAL.—Each eligible institution that desires a grant under this section shall submit an application to the Sec- retary at such time, in such manner, and containing such in- formation as the Secretary may reasonably require.

(2) CONTENTS.—Each application submitted under para- graph (1) shall include a description of— (A) how funds made available under this section will be used for the activities set forth under subsection (e), in- September 8, 2023 As Amended Through P.L.
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805 cluding how such activities will increase knowledge with respect to traditional American history, free institutions, or Western civilization; (B) how the eligible institution will ensure that infor- mation about the activities funded under this section is widely disseminated pursuant to subsection (e)(1)(B); (C) any activities to be undertaken pursuant to sub- section (e)(2)(A), including identification of entities in- tended to participate; (D) how funds made available under this section shall be used to supplement and not supplant non-Federal funds available for the activities described in subsection (e); and (E) such fiscal controls and accounting procedures as may be necessary to ensure proper disbursement of and ac- counting for funding made available to the eligible institu- tion under this section.
(d) AWARD BASIS.—In awarding grants under this section, the Secretary shall take into consideration the capability of the eligible institution to— (1) increase access to quality programming that expands knowledge of traditional American history, free institutions, or Western civilization; (2) involve personnel with strong expertise in traditional American history, free institutions, or Western civilization; and (3) sustain the activities funded under this section after the grant has expired.
(e) USE OF FUNDS.— (1) REQUIRED USE OF FUNDS.—Funds provided under this section shall be used to— (A) establish or strengthen academic programs or cen- ters focused on traditional American history, free institu- tions, or Western civilization, which may include— (i) design and implementation of programs of study, courses, lecture series, seminars, and symposia; (ii) development, publication, and dissemination of instructional materials; (iii) research; (iv) support for faculty teaching in undergraduate and, if applicable, graduate programs; (v) support for graduate and postgraduate fellow- ships, if applicable; or (vi) teacher preparation initiatives that stress con- tent mastery regarding traditional American history, free institutions, or Western civilization; and (B) conduct outreach activities to ensure that informa- tion about the activities funded under this section is wide- ly disseminated— (i) to undergraduate students (including students enrolled in teacher education programs, if applicable); (ii) to graduate students (including students en- rolled in teacher education programs, if applicable); (iii) to faculty; (iv) to local educational agencies; and (v) within the local community.
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806 HIGHER EDUCATION ACT OF 1965 860 (2) ALLOWABLE USES OF FUNDS.—Funds provided under this section may be used to support— (A) collaboration with entities such as— (i) local educational agencies, for the purpose of providing elementary and secondary school teachers an opportunity to enhance their knowledge of tradi- tional American history, free institutions, or Western civilization; and (ii) nonprofit organizations whose mission is con- sistent with the purpose of this section, such as aca- demic organizations, museums, and libraries, for as- sistance in carrying out activities described under sub- section (a); and (B) other activities that meet the purposes of this sec- tion.
(f) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART F—TEACH FOR AMERICA SEC.

806. ø20 U.S.C.

1161f¿ TEACH FOR AMERICA.


(a) DEFINITIONS.—For purposes of this section: (1) GRANTEE.—The term ‘‘grantee’’ means Teach For Amer- ica, Inc. øParagraph (2) was repealed by section 9214(c)(12)(A) of Public Law 114-95.¿ (3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘‘high-need local educational agency’’ has the meaning given such term in section 200.
(b) GRANTS AUTHORIZED.—From the amounts appropriated under subsection (f), the Secretary is authorized to award a five- year grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for two years in underserved communities in the United States, to im- plement and expand its program of recruiting, selecting, training, and supporting new teachers.
(c) REQUIREMENTS.—In carrying out the grant program under subsection (b), the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds pro- vided under this section to— (1) provide teachers who meet the applicable State certifi- cation and licensure requirements, including any requirements for certification obtained through alternative routes to certifi- cation, or, with regard to special education teachers, the quali- fications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, to high-need local educational agencies in urban and rural communities; (2) pay the costs of recruiting, selecting, training, and sup- porting new teachers; and (3) serve a substantial number and percentage of under- served students.
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806 (d) AUTHORIZED ACTIVITIES.— (1) IN GENERAL.—Grant funds provided under this section shall be used by the grantee to carry out each of the following activities: (A) Recruiting and selecting teachers through a highly selective national process.

(B) Providing preservice training to such teachers through a rigorous summer institute that includes hands- on teaching experience and significant exposure to edu- cation coursework and theory.
(C) Placing such teachers in schools and positions des- ignated by high-need local educational agencies as high- need placements serving underserved students.

(D) Providing ongoing professional development activi- ties for such teachers’ first two years in the classroom, in- cluding regular classroom observations and feedback, and ongoing training and support.
(2) LIMITATION.—The grantee shall use all grant funds re- ceived under this section to support activities related directly to the recruitment, selection, training, and support of teachers as described in subsection (b), except that funds may be used for non-programmatic costs in accordance with subsection (f)(2).
(e) REPORTS AND EVALUATIONS.— (1) ANNUAL REPORT.—The grantee shall provide to the Sec- retary an annual report that includes— (A) data on the number and quality of the teachers provided to local educational agencies through a grant under this section; (B) an externally conducted analysis of the satisfaction of local educational agencies and principals with the teach- ers so provided; and (C) comprehensive data on the background of the teachers chosen, the training such teachers received, the placement sites of such teachers, the professional develop- ment of such teachers, and the retention of such teachers.
(2) STUDY.— (A) IN GENERAL.—From funds appropriated under sub- section (f), the Secretary shall provide for a study that ex- amines the achievement levels of the students taught by the teachers assisted under this section.
(B) STUDENT ACHIEVEMENT GAINS COMPARED.—The study shall compare, within the same schools, the achieve- ment gains made by students taught by teachers who are assisted under this section with the achievement gains made by students taught by teachers who are not assisted under this section.

(C) REQUIREMENTS.—The Secretary shall provide for such a study not less than once every three years, and each such study shall include multiple placement sites and multiple schools within placement sites.
(D) PEER REVIEW STANDARDS.—Each such study shall meet the peer review standards of the education research community.

Further, the peer review standards shall en- September 8, 2023 As Amended Through P.L.

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807 HIGHER EDUCATION ACT OF 1965 862 sure that reviewers are practicing researchers and have expertise in assessment systems, accountability, psycho- metric measurement and statistics, and instruction.

(3) ACCOUNTING, FINANCIAL REPORTING, AND INTERNAL CONTROL SYSTEMS.— (A) IN GENERAL.—The grantee shall contract with an independent auditor to conduct a comprehensive review of the grantee’s accounting, financial reporting, and internal control systems.
Such review shall assess whether that grantee’s accounting, financial reporting, and internal con- trol systems are designed to— (i) provide information that is complete, accurate, and reliable; (ii) reasonably detect and prevent material misstatements, as well as fraud, waste, and abuse; and (iii) provide information to demonstrate the grant- ee’s compliance with related Federal programs, as ap- plicable.
(B) REVIEW REQUIREMENTS.—Not later than 90 days after the grantee receives funds to carry out this section for the first fiscal year in which funds become available to carry out this section after the date of enactment of theHigher Education Opportunity Act, the independent auditor shall complete the review required by this para- graph.
(C) REPORT.—Not later than 120 days after the grant- ee receives funds to carry out this section for the first fis- cal year in which funds become available to carry out this section after the date of enactment of theHigher Education Opportunity Act, the independent auditor shall submit a report to the authorizing committees and the Secretary of the findings of the review required under this paragraph, including any recommendations of the independent audi- tor, as appropriate, with respect to the grantee’s account- ing, financial reporting, and internal control systems.
(f) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—The amount authorized to be appro- priated to carry out this section shall not exceed— (A) $20,000,000 for fiscal year 2009; (B) $25,000,000 for fiscal year 2010; and (C) such sums as may be necessary for each of the four succeeding fiscal years.

(2) LIMITATION.—The grantee shall not use more than 5 percent of Federal funds made available under this section for non-programmatic costs to carry out this section.
PART G—PATSY T. MINK FELLOWSHIP PROGRAM SEC.

807. ø20 U.S.C.

1161g¿ PATSY T. MINK FELLOWSHIP PROGRAM.

(a) PURPOSE; DESIGNATION.— September 8, 2023 As Amended Through P.L.

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807 (1) IN GENERAL.—It is the purpose of this section to pro- vide, through eligible institutions, a program of fellowship awards to assist highly qualified minorities and women to ac- quire the doctoral degree, or highest possible degree available, in academic areas in which such individuals are underrep- resented for the purpose of enabling such individuals to enter the higher education professoriate.
(2) DESIGNATION.—Each recipient of a fellowship award from an eligible institution receiving a grant under this section shall be known as a ‘‘Patsy T. Mink Graduate Fellow’’.

(b) ELIGIBLE INSTITUTION.—In this section, the term ‘‘eligible institution’’ means an institution of higher education, or a consor- tium of institutions, postbaccalaureate study leading to a graduate degree.
a program offers such that of (c) PROGRAM AUTHORIZED.— (1) GRANTS BY SECRETARY.— (A) IN GENERAL.—From the amounts appropriated under subsection (f), the Secretary shall award grants to eligible institutions to enable such institutions to make fel- lowship awards to individuals in accordance with the pro- visions of this section.
(B) PRIORITY CONSIDERATION.—In awarding grants under this section, the Secretary shall consider the eligible institution’s prior experience in producing doctoral degree, or highest possible degree available, holders who are mi- norities and women, and shall give priority consideration in making grants under this section to those eligible insti- tutions with a demonstrated record of producing minorities and women who have earned such degrees.
(2) APPLICATIONS.— (A) IN GENERAL.—An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(B) APPLICATIONS MADE ON BEHALF.—The following en- tities may submit an application on behalf of an eligible in- stitution: (i) A graduate school or department of such insti- tution.
(ii) A graduate school or department of such insti- tution in collaboration with an undergraduate college or school of such institution.

(iii) An organizational unit within such institution that offers a program of postbaccalaureate study lead- ing to a graduate degree, including an interdiscipli- nary or an interdepartmental program.
(C) PARTNERSHIP.—In developing a grant application and carrying out the grant activities authorized under this section, an eligible institution may partner with a non- profit organization with a demonstrated record of helping minorities and women earn postbaccalaureate degrees.

(3) SELECTION OF APPLICATIONS.—In awarding grants under paragraph (1), the Secretary shall— (A) take into account— September 8, 2023 As Amended Through P.L.
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807 HIGHER EDUCATION ACT OF 1965 864 (i) the number and distribution of minority and fe- male faculty nationally; (ii) the current and projected need for highly trained individuals in all areas of the higher education professoriate; and (iii) the present and projected need for highly trained individuals in academic career fields in which minorities and women are underrepresented in the higher education professoriate; and (B) consider the need to prepare a large number of mi- norities and women generally in academic career fields of high national priority, especially in areas in which such in- dividuals are traditionally underrepresented in college and university faculty.
(4) DISTRIBUTION AND AMOUNTS OF GRANTS.— (A) EQUITABLE DISTRIBUTION.—In awarding grants under this section, the Secretary shall, to the maximum extent feasible, ensure an equitable geographic distribu- tion of awards and an equitable distribution among public and private eligible institutions that apply for grants under this section and that demonstrate an ability to achieve the purpose of this section.
(B) SPECIAL RULE.—To the maximum extent prac- ticable, the Secretary shall use not less than 30 percent of the amount appropriated pursuant to subsection (f) to award grants to eligible institutions that are eligible for assistance under title III or title V, or to consortia of eligi- ble institutions that include at least one eligible institution that is eligible for assistance under title III or title V. (C) ALLOCATION.—In awarding grants under this sec- tion, the Secretary shall allocate appropriate funds to those eligible institutions whose applications indicate an ability to significantly increase the numbers of minorities and women entering the higher education professoriate and that commit institutional resources to the attainment of the purpose of this section.
(D) NUMBER OF FELLOWSHIP AWARDS.—An eligible in- stitution that receives a grant under this section shall make not less than ten fellowship awards.
(E) INSUFFICIENT FUNDS.—If the amount appropriated is not sufficient to permit all grantees under this section to provide the minimum number of fellowships required by subparagraph (D), the Secretary may, after awarding as many grants to support the minimum number of fellow- ships as such amount appropriated permits, award grants that do not require the grantee to award the minimum number of fellowships required by such subparagraph.
(5) INSTITUTIONAL ALLOWANCE.— (A) IN GENERAL.— (i) NUMBER OF ALLOWANCES.—In awarding grants under this section, the Secretary shall pay to each eli- gible institution awarded a grant, for each individual awarded a fellowship by such institution under this section, an institutional allowance.

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807 (ii) AMOUNT.—Except as provided in subparagraph (C), for academic year 2009–2010 and succeeding aca- demic years, an institutional allowance under this paragraph shall be in an amount equal to the amount of institutional allowance made to an institution of higher education under section 715 for such academic year.
(B) USE OF FUNDS.—Institutional allowances may be expended at the discretion of the eligible institution and may be used to provide, except as prohibited under sub- paragraph (D), academic support and career transition services for individuals awarded fellowships by such insti- tution.
(C) REDUCTION.—The institutional allowance paid under subparagraph (A) shall be reduced by the amount the eligible institution charges and collects from a fellow- ship recipient for tuition and other expenses as part of the recipient’s instructional program.

(D) USE FOR OVERHEAD PROHIBITED.—Funds made available under this section may not be used for general operational overhead of the academic department or insti- tution receiving funds under this section.
(d) FELLOWSHIP RECIPIENTS.— (1) AUTHORIZATION.—An eligible institution that receives a grant under this section shall use the grant funds to make fel- lowship awards to minorities and women who are enrolled at such institution in a doctoral degree program, or program for the highest possible degree available, and— (A) intend to pursue a career in instruction at— (i) an institution of higher education (as the term is defined in section 101); (ii) an institution of higher education (as the term is defined in section 102(a)(1)); and (iii) a proprietary institution of higher education (as the term is defined in section 102(b)); and (B) sign an agreement with the Secretary agreeing— (i) to begin employment at an institution described in subparagraph (A) not later than three years after receiving the doctoral degree or highest possible de- gree available, which three-year period may be ex- tended by for extraordinary cir- cumstances; and the Secretary (ii) to be employed by such institution for one year for each year of fellowship assistance received under this section.
(2) REPAYMENT FOR FAILURE TO COMPLY.—In the event that any recipient of a fellowship under this section fails or re- fuses to comply with the agreement signed pursuant to para- graph (1)(B), the sum of the amounts of any fellowship received by such recipient shall, upon a determination of such a failure or refusal to comply, be treated as a Federal Direct Unsub- sidized Stafford Loan under part D of title IV, and shall be subject to repayment, together with interest thereon accruing from the date of the grant award, in accordance with terms September 8, 2023 As Amended Through P.L.
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807 HIGHER EDUCATION ACT OF 1965 866 and conditions specified by the Secretary in regulations under this section.
(3) WAIVER AND MODIFICATION.— (A) REGULATIONS.—The Secretary shall promulgate regulations setting forth criteria to be considered in grant- ing a waiver for the service requirement under paragraph (1)(B).
(B) CONTENT.—The criteria under subparagraph (A) shall include whether compliance with the service require- ment by the fellowship recipient would be— (i) inequitable and represent an extraordinary hardship; or (ii) deemed impossible because the individual is permanently and totally disabled at the time of the waiver request.
(4) AMOUNT OF FELLOWSHIP AWARDS.—Fellowship awards under this section shall consist of a stipend in an amount equal to the level of support provided to fellows under the Na- tional Science Foundation Graduate Research Fellowship Pro- gram, except that such stipend shall be adjusted as necessary so as not to exceed the fellow’s tuition and fees or dem- onstrated need (as determined by the institution of higher edu- cation where the graduate student is enrolled), whichever is greater.
(5) ACADEMIC PROGRESS REQUIRED.—An individual student shall not be eligible to receive a fellowship award— (A) except during periods in which such student is en- rolled, and such student is maintaining satisfactory aca- demic progress in, and devoting essentially full time to, study or research in the pursuit of the degree for which the fellowship support was awarded; and (B) if the student is engaged in gainful employment, other than part-time employment in teaching, research, or similar activity determined by the eligible institution to be consistent with and supportive of the student’s progress to- ward the appropriate degree.
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to require an eligible institution that receives a grant under this section— (1) to grant a preference to or to differentially treat any applicant for a faculty position as a result of the institution’s participation in the program under this section; or (2) to hire a Patsy T. Mink Fellow who completes this pro- gram and seeks employment at such institution.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

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808 PART H—IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS SEC.

808. ø20 U.S.C.

1161h¿ IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS.
(a) IN GENERAL.—From the amounts appropriated under sub- section (c), the Secretary shall award a grant to one nonprofit orga- nization described in subsection (b) to enable the nonprofit organi- zation— (1) to make publicly available the year-to-year postsec- ondary education enrollment rate trends of secondary school students, disaggregated by secondary school, in compliance with section 444 of the General Education Provisions Act (com- monly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’); (2) to identify not less than 50 urban local educational agencies and five States with significant rural populations, each serving a significant population of low-income students, and to carry out a comprehensive assessment in the agencies and States of the factors known to contribute to improved post- secondary education enrollment rates, which factors shall in- clude— (A) the local educational agency’s and State’s leader- ship strategies and capacities; (B) the secondary school curriculum and class offer- ings of the local educational agency and State; (C) the professional development used by the local educational agency and the State to assist teachers, guid- ance counselors, and administrators in supporting the transition of secondary students to postsecondary edu- cation; (D) secondary school student attendance and other fac- tors demonstrated to be associated with enrollment into postsecondary education; (E) the use of data systems by the local educational agency and the State to measure postsecondary education enrollment rates and the incentives in place to motivate the efforts of faculty and students to improve student and schoolwide outcomes; and (F) strategies to mobilize student leaders to build a college-bound culture; and (3) to provide comprehensive services to improve the schoolwide postsecondary education enrollment rates of each of not less than ten local educational agencies and States, with the federally funded portion of each project declining by not less than 20 percent each year beginning in the second year of the comprehensive services, that— (A) participated in the needs assessment described in paragraph (2); and (B) demonstrated a willingness and commitment to improving the postsecondary education enrollment rates of the local educational agency or State, respectively.
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811 HIGHER EDUCATION ACT OF 1965 868 (b) GRANT RECIPIENT CRITERIA.—The recipient of the grant awarded under subsection (a) shall be a nonprofit organization with demonstrated expertise— (1) in increasing schoolwide postsecondary enrollment rates in low-income communities nationwide by providing cur- riculum, training, and technical assistance to secondary school staff and student peer influencers; and (2) in a postsecondary education transition data manage- ment system.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART I—EARLY CHILDHOOD EDUCATION PRO- FESSIONAL DEVELOPMENT AND CAREER TASK FORCE SEC.

811. ø20 U.S.C.

1161i¿ PURPOSE.
The purposes of this part are— (1) to improve the quality of the early childhood education workforce by creating a statewide early childhood education professional development and career task force for early child- hood education program staff, directors, administrators, and faculty; and (2) to create— (A) a coherent system of core competencies, pathways to qualifications, credentials, degrees, quality assurances, access, and outreach, for early childhood education pro- gram staff, directors, administrators, and faculty that is linked to compensation commensurate with experience and qualifications; (B) articulation agreements that enable early child- hood education professionals to transition easily among de- grees; and (C) compensation initiatives for individuals working in an early childhood education program that reflect the indi- viduals’ credentials, degrees, and experience.
SEC.

812. ø20 U.S.C.

1161i–1¿ DEFINITION OF EARLY CHILDHOOD EDU- CATION PROGRAM.

In this part, the term ‘‘early childhood education program’’ means— (1) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C.

9831 et seq.
9831 et seq.

), including a migrant or seasonal Head Start program or an In- dian Head Start program; (2) a State licensed or regulated child care program; or (3) a State prekindergarten program or a program author- ized under section 619 or part C of the Individuals with Dis- abilities Education Act, that serves children from birth through age six and that addresses the children’s cognitive (including language, early literacy, and pre-numeracy), social, emotional, and physical development.
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815 SEC.

813. ø20 U.S.C.

1161i–2¿ GRANTS AUTHORIZED.


(a) IN GENERAL.—From the amounts appropriated under sec- tion 818, the Secretary is authorized to award grants to States in accordance with the provisions of this part to enable such States— (1) to establish a State Task Force described in section 814; and (2) to support activities of the State Task Force described in section 815.

(b) COMPETITIVE BASIS.—Grants under this part shall be awarded on a competitive basis.
(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In awarding grants under this part, the Secretary shall take into consideration providing an equitable geographic distribution of such grants.

(d) DURATION.—Grants under this part shall be awarded for a period of five years.

SEC.

814. ø20 U.S.C.

1161i–3¿ STATE TASK FORCE ESTABLISHMENT.


(a) STATE TASK FORCE ESTABLISHED.—The Governor of a State receiving a grant under this part shall establish, or designate an existing entity to serve as, the State Early Childhood Education Professional Development and Career Task Force (hereafter in this part referred to as the ‘‘State Task Force’’).
(b) MEMBERSHIP.—The State Task Force shall include a rep- resentative of a State agency, an institution of higher education (including an associate or a baccalaureate degree granting institu- tion of higher education), an early childhood education program, a nonprofit early childhood organization, a statewide early childhood workforce scholarship or supplemental initiative, the State Head Start collaboration director, and any other entity or individual the Governor determines appropriate.

SEC.
SEC.

815. ø20 U.S.C.

1161i–4¿ STATE TASK FORCE ACTIVITIES.
(a) ACTIVITIES.—The State Task Force shall— (1) coordinate and communicate regularly with the State Advisory Council on Early Care and Education (hereafter in this part referred to as ‘‘State Advisory Council’’) or a similar State entity charged with creating a comprehensive system of early care and education in the State, for the purposes of— (A) integrating recommendations for early childhood professional development and career activities into the plans of the State Advisory Council; and (B) assisting in the implementation of professional de- velopment and career activities that are consistent with the plans described in subparagraph (A); (2) conduct a review of opportunities for and barriers to high-quality professional development, training, and higher education degree programs, in early childhood development and learning, including a periodic statewide survey concerning the demographics of individuals working in early childhood education programs in the State, which survey shall include in- formation disaggregated by— (A) race, gender, and ethnicity; (B) compensation levels; (C) type of early childhood education program setting; (D) specialized knowledge of child development; September 8, 2023 As Amended Through P.L.
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815 HIGHER EDUCATION ACT OF 1965 870 (E) years of experience in an early childhood education program; (F) attainment of— (i) academic credit for coursework; (ii) an academic degree; (iii) a credential; (iv) licensure; or (v) certification in early childhood education; and (G) specialized knowledge in the education of children with limited English proficiency and students with disabil- ities; and (3) develop a plan for a comprehensive statewide profes- sional development and career system for individuals working in early childhood education programs or for early childhood education providers, which plan may include— (A) methods of providing outreach to early childhood education program staff, directors, and administrators, in- cluding methods for how outreach is provided to non- English speaking providers, in order to enable the pro- viders to be aware of opportunities and resources under the statewide plan; (B) developing a unified data collection and dissemina- tion system for early childhood education training, profes- sional development, and higher education programs; (C) increasing the participation of early childhood edu- cators in high-quality training and professional develop- ment by assisting in paying the costs of enrollment in and completion of such training and professional development courses; (D) increasing the participation of early childhood edu- cators in undergraduate and graduate education programs leading to degrees in early childhood education by pro- viding assistance to pay the costs of enrollment in and completion of such programs, which assistance— (i) shall only be provided to an individual who— (I) in the case of an individual pursuing an undergraduate or graduate degree, enters into an agreement under which the individual agrees to work, for a reasonable number of years after re- ceiving such a degree, in an early childhood edu- cation program that is located in a low-income area; and (II) has a family income equal to or less than the annually adjusted national median family in- come as determined by the Bureau of the Census; and (ii) shall be provided in an amount that does not exceed $17,500; (E) supporting professional development activities and a career lattice for a variety of early childhood professional roles with varying professional qualifications and respon- sibilities for early childhood education personnel, including strategies to enhance the compensation of such personnel; September 8, 2023 As Amended Through P.L.
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816 (F) supporting articulation agreements between two- and four-year public and private institutions of higher edu- cation and mechanisms to transform other training, profes- sional development, and experience into academic credit; (G) developing mentoring and coaching programs to support new educators in and directors of early childhood education programs; (H) providing career development advising with re- spect to the field of early childhood education, including in- forming an individual regarding— (i) entry into and continuing education require- ments for professional roles in the field; (ii) available financial assistance for postsecondary education; and (iii) professional development and career advance- ment in the field; (I) enhancing the capacity and quality of faculty and coursework in postsecondary programs that lead to an as- sociate, baccalaureate, or graduate degree in early child- hood education; (J) consideration of the availability of on-line graduate level professional development offered by institutions of higher education with experience and demonstrated exper- tise in establishing programs in child development, in order to improve the skills and expertise of individuals working in early childhood education programs; and (K) developing or enhancing a system of quality assur- ance with respect to the early childhood education profes- sional development and career system, including standards or qualifications for individuals and entities who offer training and professional development in early childhood education.
(b) PUBLIC HEARINGS.—The State Task Force shall hold public hearings and provide an opportunity for public comment on the ac- tivities described in the statewide plan described in subsection (a)(3).

(c) PERIODIC REVIEW.—The State Task Force shall meet peri- odically to review implementation of the statewide plan and to rec- ommend any changes to the statewide plan the State Task Force determines necessary.

SEC.

816. ø20 U.S.C.

1161i–5¿ STATE APPLICATION AND REPORT.


(a) IN GENERAL.—Each State desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
Each such application shall include a de- scription of— (1) the membership of the State Task Force; (2) the activities for which the grant assistance will be used; (3) other Federal, State, local, and private resources that will be available to support the activities of the State Task Force described in section 815; September 8, 2023 As Amended Through P.L.
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817 HIGHER EDUCATION ACT OF 1965 872 (4) the availability within the State of training, early child- hood educator preparation, professional development, com- pensation initiatives, and career systems, related to early childhood education; and (5) the resources available within the State for such train- ing, educator preparation, professional development, compensa- tion initiatives, and career systems.
(b) REPORT TO THE SECRETARY.—Not later than two years after receiving a grant under this part, a State shall submit a report to the Secretary that shall describe— (1) other Federal, State, local, and private resources that will be used in combination with a grant under this section to develop or expand the State’s early childhood education profes- sional development and career activities; (2) the ways in which the State Advisory Council (or simi- lar State entity) will coordinate the various State and local ac- tivities that support the early childhood education professional development and career system; and (3) the ways in which the State Task Force will use funds provided under this part and carry out the activities described in section 815.
SEC.

817. ø20 U.S.C.

1161i–6¿ EVALUATIONS.
(a) STATE EVALUATION.—Each State receiving a grant under this part shall— (1) evaluate the activities that are assisted under this part in order to determine— (A) the effectiveness of the activities in achieving State goals; (B) the impact of a career lattice for individuals work- ing in early childhood education programs; (C) the impact of the activities on licensing or regu- lating requirements for individuals in the field of early childhood development; (D) the impact of the activities, and the impact of the statewide plan described in section 815(a)(3), on the qual- ity of education, professional development, and training re- lated to early childhood education programs that are of- fered in the State; (E) the change in compensation and retention of indi- viduals working in early childhood education programs within the State resulting from the activities; and (F) the impact of the activities on the demographic characteristics of individuals working in early childhood education programs; and (2) submit a report at the end of the grant period to the Secretary regarding the evaluation described in paragraph (1).
(b) SECRETARY’S EVALUATION.—Not later than September 30, 2013, the Secretary, in consultation with the Secretary of Health and Human Services, shall prepare and submit to the authorizing committees an evaluation of the State reports submitted under subsection (a)(2).

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819 SEC.

818. ø20 U.S.C.

1161i–7¿ AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
PART J—IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDU- CATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS SEC.

819. ø20 U.S.C.

1161j¿ IMPROVING SCIENCE, TECHNOLOGY, ENGI- NEERING, AND MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS.
(a) PURPOSE.—The purposes of this section are— (1) to develop or expand programs for the development of professionals in the fields of science, technology, engineering, and mathematics; and (2) to focus resources on meeting the educational and cul- tural needs of Alaska Natives and Native Hawaiians.

(b) DEFINITIONS.—In this section: (1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ has the meaning given such term in section 6306 of the Elementary and Secondary Education Act of 1965.
(2) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partner- ship’’ means a partnership that includes— (A) one or more colleges, schools, or departments of en- gineering; (B) one or more colleges of science or mathematics; (C) one or more institutions of higher education that offer two-year degrees; and (D) one or more private entities that— (i) conduct career awareness activities showcasing local technology professionals; (ii) encourage students to pursue education in science, technology, engineering, and mathematics from elementary school through postsecondary edu- cation, and careers in those fields, with the assistance of local technology professionals; (iii) develop internships, apprenticeships, and mentoring programs in partnership with relevant in- dustries; and (iv) assist with placement of interns and appren- tices.
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu- tion of higher education’’ has the meaning given such term in section 101(a).

(4) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965.
(c) GRANT AUTHORIZED.—From the amounts appropriated to carry out this section under subsection (i), the Secretary is author- ized to award a grant to an eligible partnership to enable the eligi- ble partnership to expand programs for the development of science, September 8, 2023 As Amended Through P.L.

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820 HIGHER EDUCATION ACT OF 1965 874 technology, engineering, or mathematics professionals, from ele- mentary school through postsecondary education, including existing programs for Alaska Native and Native Hawaiian students.
(d) USES OF FUNDS.—Grant funds under this section shall be used for one or more of the following: (1) Development or implementation of cultural, social, or educational transition programs to assist students to transition into college life and academics in order to increase such stu- dents’ retention rates in the fields of science, technology, engi- neering, or mathematics, with a focus on Alaska Native or Na- tive Hawaiian students.
(2) Development or implementation of academic support or supplemental educational programs to increase the graduation rates of students in the fields of science, technology, engineer- ing, or mathematics, with a focus on Alaska Native and Native Hawaiian students.
(3) Development or implementation of internship pro- grams, carried out in coordination with educational institutions and private entities, to prepare students for careers in the fields of science, technology, engineering, or mathematics, with a focus on programs that serve Alaska Native or Native Ha- waiian students.

(4) Such other activities as are consistent with the purpose of this section.
(e) APPLICATION.—Each eligible partnership that desires a grant under this section shall submit an application to the Sec- retary at such time, in such manner, and containing such informa- tion as the Secretary may require.
(f) PRIORITY.—In awarding grants under this section, the Sec- retary shall give priority to an eligible partnership that, on the day before the date of enactment of theHigher Education Opportunity Act, provides one or more programs in which 30 percent or more of the program participants are Alaska Native or Native Hawaiian.

(g) PERIOD OF GRANT.—A grant under this section shall be awarded for a period of five years.
(h) EVALUATION AND REPORT.—Each eligible partnership that receives a grant under this section shall conduct an evaluation to determine the effectiveness of the programs funded under the grant and shall provide a report regarding the evaluation to the Sec- retary not later than six months after the end of the grant period.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART K—PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE AND SUCCESS SEC.

820. ø20 U.S.C.

1161k¿ PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE AND SUCCESS.
(a) GRANTS AUTHORIZED.—From the amounts appropriated under subsection (i), the Secretary is authorized to award grants in accordance with this section, on a competitive basis, to eligible in- September 8, 2023 As Amended Through P.L.

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820 stitutions to enable the institutions to develop programs to increase the persistence and success of low-income college students.

(b) APPLICATIONS.— (1) IN GENERAL.—An eligible institution seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

An eligible institution may sub- mit an application to receive a grant under subsection (c) or (d) or both.
(2) EVALUATION CONDITION.—Each eligible institution seeking a grant under this section shall agree to participate in the evaluation described in subsection (f).
(3) PRIORITY FOR REPLICATION OF EVIDENCE-BASED POLI- CIES AND PRACTICES.—In awarding grants for the program under subsection (d), the Secretary shall give priority to appli- cations submitted by eligible institutions that propose to rep- licate policies and practices that have proven effective in in- creasing persistence and degree completion by low-income stu- dents or students in need of developmental education.
(c) PILOT PROGRAM TO INCREASE PERSISTENCE AND SUCCESS IN COMMUNITY COLLEGES.— (1) DEFINITIONS.—In this subsection: (A) ELIGIBLE INSTITUTION.—The term ‘‘eligible institu- tion’’ means an institution of higher education, as defined in section 101, that provides a one- or two-year program of study leading to a degree or certificate.
(B) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means a student who— (i) is eligible to receive assistance under section 401; (ii) is enrolled at least half-time; (iii) is not younger than age 19; (iv) is the parent of at least one dependent child, which dependent child is age 18 or younger; (v) has a secondary school diploma or its recog- nized equivalent; and (vi) does not have a degree or certificate from an institution of higher education.
(2) USES OF FUNDS.— (A) SUPPORT.—The Secretary shall award grants under this subsection to eligible institutions to enable such institutions to provide additional monetary and nonmone- tary support to eligible students to enable the eligible stu- dents to maintain enrollment and complete degree or cer- tificate programs.
(B) REQUIRED USES.—Each eligible institution receiv- ing a grant under this subsection shall use the grant funds— (i) to provide scholarships in accordance with paragraph (3); and (ii) to provide counseling services in accordance with paragraph (4).

(C) ALLOWABLE USES OF FUNDS.—Grant funds pro- vided under this subsection may be used— September 8, 2023 As Amended Through P.L.
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820 HIGHER EDUCATION ACT OF 1965 876 (i) to conduct outreach to make students aware of the scholarships and counseling services available under this subsection and to encourage the students to participate in the program assisted under this sub- section; and (ii) to provide incentives of $20 or less to appli- cants who complete the process of applying for assist- ance under this subsection, as compensation for the student’s time.
(3) SCHOLARSHIP REQUIREMENTS.— (A) IN GENERAL.—Each scholarship awarded under this subsection shall— (i) be awarded for one academic year consisting of two semesters or the equivalent; (ii) require the student to maintain, during the scholarship period, at least half-time enrollment and at least a 2.0 grade point average or the equivalent; (iii) be awarded in the amount of $1,000 for each of two semesters (prorated for quarters or other equivalents), or $2,000 for an academic year; (iv) not exceed the student’s cost of attendance, as defined in section 472; and (v) be paid, for each of the two semesters, in incre- ments of— (I) $250 upon enrollment (prorated for quar- ters or other equivalents); (II) $250 upon passing midterm examinations or comparable assessments (prorated for quarters or other equivalents); and (III) $500 upon passing courses (prorated for quarters or other equivalents).
(B) NUMBER.—An eligible institution may award an el- igible student not more than two scholarships under this subsection.

(4) COUNSELING SERVICES.— (A) IN GENERAL.—Each eligible institution receiving a grant under this subsection shall use the grant funds to provide students at the institution with a counseling staff dedicated to students participating in the program under this subsection.
Each such counselor shall— (i) have a caseload of less than 125 students; (ii) use a proactive, team-oriented approach to counseling; (iii) hold a minimum of two meetings with each student each semester; and (iv) provide referrals to and follow-up with other student services staff, including financial aid and ca- reer services.

(B) COUNSELING SERVICES AVAILABILITY.—The coun- seling services provided under this subsection shall be available to participating students during the daytime and evening hours.
(d) STUDENT SUCCESS GRANT PILOT PROGRAM.— (1) DEFINITIONS.— September 8, 2023 As Amended Through P.L.

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820 (A) ELIGIBLE INSTITUTION.—In this subsection, the term ‘‘eligible institution’’ means an institution of higher education in which, during the three-year period preceding the year in which the institution is applying for a grant under this subsection, an average of not less than 50 per- cent of the institution’s entering first-year students are as- sessed as needing developmental courses to bring reading, writing, or mathematics skills up to college level.
(B) ELIGIBLE STUDENT.—In this subsection, the term ‘‘eligible student’’ means a student who— (i) is eligible to receive assistance under section (ii) is a first-year student at the time of entering 401; the program; (iii) is assessed as needing developmental edu- cation to bring reading, writing, or mathematics skills up to college level; and (iv) is selected by an eligible institution to partici- pate in the program.
(2) STUDENT SUCCESS GRANT AMOUNT.—The Secretary shall award grants under this subsection to eligible institutions in an amount equal to $1,500 multiplied by the number of stu- dents the institution selects to participate in the program in such year.

An institution shall not select more than 200 stu- dents to participate in the program under this subsection dur- ing such year.
(3) REQUIRED USES.—An eligible institution that receives a grant under this subsection shall use the grant funds to assign a student success coach to each first-year student participating in the program to provide intensive career and academic advis- ing, ongoing personal help in navigating college services (such as financial aid and registration), and assistance in connecting to community resources that can help students overcome fam- ily and personal challenges to success.
Student success coach- es— (A) shall work with not more than 50 new students during any academic period; (B) may be employees of academic departments, stu- dent services offices, community-based organizations, or other entities as determined appropriate by the institution; and (C) shall meet with each eligible student selected for the program before registration for courses.
(4) ALLOWABLE USES.—An eligible institution that receives a grant under this subsection may use the grant funds to pro- vide services and program innovations for students partici- pating in the program, including the following: (A) College and career success courses provided at no charge to participating students.
These courses may cover college success topics, including how to take notes, how to study, how to take tests, and how to budget time, and may also include a substantial career exploration component.

Institutions may use such courses to help students develop a college and career success plan, so that by the end of the September 8, 2023 As Amended Through P.L.
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820 HIGHER EDUCATION ACT OF 1965 878 first semester the students have a clear sense of their ca- reer goals and what classes to take to achieve such goals.

(B) Work-study jobs with private employers in the stu- dents’ fields of study.
(C) Learning communities that ensure that students participating in the program are clustered together for at least two courses beginning in the first semester after en- rolling and have other opportunities to create and main- tain bonds that allow them to provide academic and social support to each other.
(D) Curricular redesign, which may include such inno- vations as blended or accelerated remediation classes that help student success grant recipients to attain college-level reading, writing, or math skills (or a combination thereof) more rapidly than traditional remediation formats allow, and intensive skills refresher classes, offered prior to each semester, to help students who have tested into remedial coursework to reach entry level assessment scores for the postsecondary programs they wish to enter.
(E) Instructional support, such as learning labs, sup- plemental instruction, and tutoring.

(F) Assistance with support services, such as child care and transportation.

(5) REQUIRED NON-FEDERAL SHARE.—Each institution par- ticipating in the program under this subsection shall provide a non-Federal share of 25 percent of the amount of the grant to carry out the activities of the program.

The non-Federal share under this subsection may be provided in cash or in kind.
(e) PERIOD OF GRANT.—The Secretary may award a grant under subsection (c) or (d) of this section for a period of five years.

(f) TECHNICAL ASSISTANCE AND EVALUATION.— (1) CONTRACTOR.—From the funds appropriated under this section, the Secretary shall enter into a contract with one or more private, nonprofit entities to provide technical assistance to grantees and to conduct the evaluations required under paragraph (3).
(2) EVALUATIONS.—The evaluations required under para- graph (3) shall be conducted by entities that are capable of de- signing and carrying out independent evaluations that identify the impact of the activities carried out by eligible institutions under this section on improving persistence and success of stu- dent participants under this section.
(3) CONDUCT OF EVALUATIONS.—The Secretary shall con- duct an evaluation of the impact of the persistence and success grant programs as follows: (A) PROGRAM TO INCREASE PERSISTENCE IN COMMUNITY COLLEGES.—The evaluation of the program under sub- section (c) shall be conducted using a random assignment research design with the following requirements: (i) When students are recruited for the program, all students will be told about the program and the evaluation.

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821 (ii) Baseline data will be collected from all appli- cants for assistance under subsection (c).
(iii) Students will be assigned randomly to two groups, which will consist of— (I) a program group that will receive the scholarship and the additional counseling services; and (II) a control group that will receive whatever regular financial aid and counseling services are available to all students at the institution of high- er education.
(B) STUDENT SUCCESS GRANT PROGRAM.—Eligible insti- tutions receiving a grant to carry out the program under subsection (d) shall work with the evaluator to track per- sistence and completion outcomes for students in such pro- gram, specifically the proportion of these students who take and complete developmental education courses, the proportion who take and complete college-level coursework, and the proportion who complete certificates and degrees.
The data shall be broken down by gender, race, ethnicity, and age and the evaluator shall assist institutions in ana- lyzing these data to compare program participants to com- parable nonparticipants, using statistical techniques to control for differences in the groups.
(g) REPORT.—The Secretary shall— (1) provide a report to the authorizing committees that in- cludes the evaluation and information on best practices and lessons learned during the pilot programs described in this sec- tion; and (2) disseminate the report to the public by making the re- port available on the Department’s website.
(h) SUPPLEMENT NOT SUPPLANT.—Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available to the institution to car- rying out the activities described in subsections (c) and (d).

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
The Secretary may use not more than two percent of the amounts appropriated to provide the technical assistance and con- duct the evaluations required under subsection (f).

PART L—STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT SEC.

821. ø20 U.S.C.

1161l¿ STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT.
(a) GRANTS AUTHORIZED.— (1) IN GENERAL.—From the amounts appropriated under subsection (f), the Secretary is authorized to award grants, on a competitive basis, to institutions of higher education or con- sortia of institutions of higher education to enable institutions of higher education or consortia to pay the Federal share of the September 8, 2023 As Amended Through P.L.
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821 HIGHER EDUCATION ACT OF 1965 880 cost of carrying out the authorized activities described in sub- section (c).
(2) CONSULTATION WITH THE ATTORNEY GENERAL AND THE SECRETARY OF HOMELAND SECURITY.—Where appropriate, the Secretary shall award grants under this section in consultation with the Attorney General and the Secretary of Homeland Se- curity.

(3) DURATION.—The Secretary shall award each grant under this section for a period of two years.

(4) LIMITATION ON INSTITUTIONS AND CONSORTIA.—An in- stitution of higher education or consortium shall be eligible for only one grant under this section.
(b) FEDERAL SHARE; NON-FEDERAL SHARE.— (1) IN GENERAL.—The Federal share of the activities de- scribed in subsection (c) shall be 50 percent.

(2) NON-FEDERAL SHARE.—An institution of higher edu- cation or consortium that receives a grant under this section shall provide the non-Federal share, which may be provided from State and local resources dedicated to emergency pre- paredness and response.
(c) AUTHORIZED ACTIVITIES.—Each institution of higher edu- cation or consortium receiving a grant under this section may use the grant funds to carry out one or more of the following: (1) Developing and implementing a state-of-the-art emer- gency communications system for each campus of an institu- tion of higher education or consortium, in order to contact stu- dents via cellular, text message, or other state-of-the-art com- munications methods when a significant emergency or dan- gerous situation occurs.
An institution or consortium using grant funds to carry out this paragraph shall also, in coordina- tion with the appropriate State and local emergency manage- ment authorities— (A) develop procedures that students, employees, and others on a campus of an institution of higher education or consortium will be directed to follow in the event of a significant emergency or dangerous situation; and (B) develop procedures the institution of higher edu- cation or consortium shall follow to inform, in a reasonable and timely manner, students, employees, and others on a campus in the event of a significant emergency or dan- gerous situation, which procedures shall include the emer- gency communications system described in this paragraph.
(2) Supporting measures to improve safety at the institu- tion of higher education or consortium, such as— (A) security assessments; (B) security training of personnel and students at the institution of higher education or consortium; (C) where appropriate, coordination of campus pre- paredness and response efforts with local law enforcement, local emergency management authorities, and other agen- cies, to improve coordinated responses in emergencies among such entities; (D) establishing a hotline that allows a student or staff member at an institution or consortium to report an- September 8, 2023 As Amended Through P.L.
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824 other student or staff member at the institution or consor- tium who the reporting student or staff member believes may be a danger to the reported student or staff member or to others; and (E) acquisition and installation of access control, video surveillance, intrusion detection, and perimeter security technologies and systems.
(3) Coordinating with appropriate local entities for the pro- vision of mental health services for students and staff of the institution of higher education or consortium, including mental health crisis response and intervention services for students and staff affected by a campus or community emergency.
(d) APPLICATION.—Each institution of higher education or con- sortium desiring a grant under this section shall submit an appli- cation to the Secretary at such time, in such manner, and con- taining such information as the Secretary may require.
(e) TECHNICAL ASSISTANCE.—The Secretary shall coordinate technical assistance provided by State and local emergency man- agement agencies, the Department of Homeland Security, and other agencies as appropriate, to institutions of higher education or consortia that request assistance in developing and implementing the activities assisted under this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this part such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years.

SEC.

822. ø20 U.S.C.

1161l–1¿ MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, AND PRACTICES.
The Secretary, in consultation with the Attorney General and the Secretary of Homeland Security, shall continue to— (1) advise institutions of higher education on model emer- gency response policies, procedures, and practices; and (2) disseminate information concerning those policies, pro- cedures, and practices.

SEC.

823. ø20 U.S.C.

1161l–2¿ PREPARATION FOR FUTURE DISASTERS PLAN BY THE SECRETARY.
The Secretary shall continue to coordinate with the Secretary of Homeland Security and other appropriate agencies to develop and maintain procedures to address the preparedness, response, and recovery needs of institutions of higher education in the event of a natural or manmade disaster with respect to which the Presi- dent has declared a major disaster or emergency (as such terms are defined in section 824).

SEC.

824. ø20 U.S.C.

1161l–3¿ EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PROGRAM.
(a) PROGRAM AUTHORIZED.—The Secretary, in consultation with the Secretary of Homeland Security, is authorized to establish an Education Disaster and Emergency Relief Loan Program for in- stitutions of higher education impacted by a major disaster or emergency declared by the President.
(b) USE OF ASSISTANCE.—The Secretary shall, subject to the availability of appropriations, provide loans under this section to institutions of higher education after the declaration of a major dis- September 8, 2023 As Amended Through P.L.

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824 HIGHER EDUCATION ACT OF 1965 882 aster or emergency by the President.

Loan funds provided under this section may be used for construction, replacement, renovation, and operations costs resulting from a major disaster or emergency declared by the President.
(c) APPLICATION REQUIREMENTS.—To be considered for a loan under this section, an institution of higher education shall— (1) submit a financial statement and other appropriate data, documentation, or evidence requested by the Secretary that indicates that the institution incurred losses resulting from the impact of a major disaster or emergency declared by the President, and the monetary amount of such losses; (2) demonstrate that the institution had appropriate insur- ance policies prior to the major disaster or emergency and filed claims, as appropriate, related to the major disaster or emer- gency; and (3) demonstrate that the institution attempted to minimize the cost of any losses by pursuing collateral source compensa- tion from the Federal Emergency Management Agency prior to seeking a loan under this section, except that an institution of higher education shall not be required to receive collateral source compensation from the Federal Emergency Management Agency prior to being eligible for a loan under this section.
(d) AUDIT.—The Secretary may audit a financial statement submitted under subsection (c) and an institution of higher edu- cation shall provide any information that the Secretary determines necessary to conduct such an audit.
(e) REDUCTION IN LOAN AMOUNTS.—To determine the amount of a loan to make available to an institution of higher education under this section, the Secretary shall calculate the monetary amount of losses incurred by such institution as a result of a major disaster or emergency declared by the President, and shall reduce such amount by the amount of collateral source compensation the institution has already received from insurance, the Federal Emer- gency Management Agency, and the Small Business Administra- tion.
(f) ESTABLISHMENT OF LOAN PROGRAM.—Prior to disbursing any loans under this section, the Secretary shall prescribe regula- tions that establish the Education Disaster and Emergency Relief Loan Program, including— (1) terms for the loan program; (2) procedures for an application for a loan; (3) minimum requirements for the loan program and for receiving a loan, including— (A) online forms to be used in submitting a request for a loan; (B) information to be included in such forms; and (C) procedures to assist in filing and pursuing a loan; and (4) any other terms and conditions the Secretary may pre- scribe after taking into consideration the structure of other ex- isting capital financing loan programs under this Act.
(g) DEFINITIONS.—In this section: September 8, 2023 As Amended Through P.L.

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825 (1) INSTITUTION AFFECTED BY A GULF HURRICANE DIS- ASTER.—The term ‘‘institution affected by a Gulf hurricane dis- aster’’ means an institution of higher education that— (A) is located in an area affected by a Gulf hurricane disaster; and (B) is able to demonstrate that the institution— (i) incurred physical damage resulting from the impact of a Gulf hurricane disaster; and (ii) was not able to fully reopen in existing facili- ties or to fully reopen to the pre-hurricane levels for 30 days or more on or after August 29, 2005.
(2) AREA AFFECTED BY A GULF HURRICANE DISASTER; GULF HURRICANE DISASTER.—The terms ‘‘area affected by a Gulf hur- ricane disaster’’ and ‘‘Gulf hurricane disaster’’ have the mean- ings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109–148, 119 Stat.

2808).

(3) EMERGENCY.—The term ‘‘emergency’’ has the meaning given such term in section 102(1) of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C.

5122(1)).
5122(1)).

(4) INSTITUTIONS OF HIGHER EDUCATION.—The term ‘‘insti- tution of higher education’’ has the meaning given such term in section 101.

(5) MAJOR DISASTER.—The term ‘‘major disaster’’ has the meaning given the term in section 102(2) of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5122(2)).
5122(2)).

(h) EFFECTIVE DATE.—Loans provided to institutions of higher education pursuant to this section shall be available only with re- spect to major disasters or emergencies declared by the President that occur after the date of the enactment of theHigher Education Opportunity Act, except that loans may be provided pursuant to this section to an institution affected by a Gulf hurricane disaster with respect to such disaster.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

SEC.

825. ø20 U.S.C.

1161l–4¿ GUIDANCE ON MENTAL HEALTH DISCLO- SURES FOR STUDENT SAFETY.
(a) GUIDANCE.—The Secretary shall continue to provide guid- ance that clarifies the role of institutions of higher education with respect to the disclosure of education records, including to a parent or legal guardian of a dependent student, in the event that such student demonstrates that the student poses a significant risk of harm to himself or herself or to others, including a significant risk of suicide, homicide, or assault.
Such guidance shall further clarify that an institution of higher education that, in good faith, discloses education records or other information in accordance with the re- quirements of this Act and section 444 of the General Education Provisions Act (commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’) shall not be liable to any person for that disclosure.

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826 HIGHER EDUCATION ACT OF 1965 884 (b) INFORMATION TO CONGRESS.—The Secretary shall provide an update to the authorizing committees on the Secretary’s activi- ties under subsection (a) not later than 180 days after the date of enactment of theHigher Education Opportunity Act.

SEC.

826. ø20 U.S.C.

1161l–5¿ RULE OF CONSTRUCTION.
Nothing in this part shall be construed— (1) to provide a private right of action to any person to en- force any provision of this section; (2) to create a cause of action against any institution of higher education or any employee of the institution for any civil liability; or (3) to affect section 444 of the General Education Provi- sions Act (commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’) or the regulations issued under sec- tion 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d–2note).

PART M—LOW TUITION SEC.

830. ø20 U.S.C.

1161m¿ INCENTIVES AND REWARDS FOR LOW TUI- TION.
(a) REWARDS FOR LOW TUITION.— (1) GRANTS.—From funds made available under subsection (e), the Secretary shall award grants to institutions of higher education that, for academic year 2009–2010 or any succeeding academic year— (A) have an annual tuition and fee increase, expressed as a percentage change, for the most recent academic year for which satisfactory data is available, that is in the low- est 20 percent of such increases for each category de- scribed in subsection (b); (B) are public institutions of higher education that have tuition and fees that are in the lowest quartile of in- stitutions in each category described in subsection (b)(1), (b)(4), or (b)(7); or (C) are public institutions of higher education that have a tuition and fee increase of less than $600 for a first-time, full-time undergraduate student.
(2) USE OF FUNDS.—Funds awarded to an institution of higher education under paragraph (1) shall be distributed by the institution in the form of need-based grant aid to students who are eligible for Federal Pell Grants, except that no student shall receive an amount under this section that would cause the amount of total financial aid received by such student to exceed the cost of attendance of the institution.
(b) CATEGORIES OF INSTITUTIONS.—The categories of institu- tions described in subsection (a) shall be the following: (1) four-year public institutions of higher education; (2) four-year private, nonprofit institutions of higher edu- cation; (3) four-year private, for-profit institutions of higher edu- cation; (4) two-year public institutions of higher education; September 8, 2023 As Amended Through P.L.
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830 (5) two-year private, nonprofit institutions of higher edu- cation; (6) two-year private, for-profit institutions of higher edu- cation; (7) less than two-year public institutions of higher edu- cation; (8) less than two-year private, nonprofit institutions of higher education; and (9) less than two-year private, for-profit institutions of higher education.
(c) REWARDS FOR GUARANTEED TUITION.— (1) BONUS.—For each institution of higher education that the Secretary determines complies with the requirements of paragraph (2) or (3) of this subsection, the Secretary shall pro- vide to such institution a bonus amount.
Such institution shall award the bonus amount in the form of need-based aid first to students who are eligible for Federal Pell Grants who were in attendance at the institution during the award year that such institution satisfied the eligibility criteria for maintaining low tuition and fees, then to students who are eligible for Federal Pell Grants who were not in attendance at the institution dur- ing such award year.
(2) FOUR-YEAR INSTITUTIONS.—An institution of higher education that provides a program of instruction for which it awards a bachelor’s degree complies with the requirements of this paragraph if— (A) for a public institution of higher education, such institution’s tuition and fees are in the lowest quartile of institutions in the same category as described under sub- section (b); or (B) for any institution of higher education, such insti- tution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2009, and for each of the four succeeding continuous academic years, the tuition and fees charged to an undergraduate student will not exceed— (i) for a public institution of higher education, $600 per year for a full-time undergraduate student; or (ii) for any other institution of higher education— (I) the amount that the student was charged for an academic year at the time the student first enrolled in the institution of higher education, plus (II) the percentage change in tuition and fees at the institution for the three most recent aca- demic years for which data is available, multiplied by the amount determined under subclause (I).
(3) LESS-THAN FOUR-YEAR INSTITUTIONS.—An institution of higher education that does not provide a program of instruc- tion for which it awards a bachelor’s degree complies with the requirements of this paragraph if— September 8, 2023 As Amended Through P.L.

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831 HIGHER EDUCATION ACT OF 1965 886 (A) for a public institution of higher education, such institution’s tuition is in the lowest quartile of institutions in the same category as described under subsection (b); or (B) for any institution of higher education, such insti- tution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2009, and for each of the 1.5 succeeding continuous academic years, the tuition and fees charged to an undergraduate student will not exceed— (i) for a public institution of higher education, $600 per year for a full-time undergraduate student; or (ii) for any other institution of higher education— (I) the amount that the student was charged for an academic year at the time the student first enrolled in the institution of higher education, plus (II) the percentage change in tuition and fees at the institution for the three most recent aca- demic years for which data is available, multiplied by the amount determined under subclause (I).
(d) DEFINITIONS.—In this section, the terms ‘‘tuition and fees’’ and ‘‘net price’’ have the meaning given to such terms in section 132 of this Act.

(e) AUTHORIZATION.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART N—COOPERATIVE EDUCATION SEC.

831. ø20 U.S.C.

1161n¿ STATEMENT OF PURPOSE; DEFINITION.


(a) PURPOSE.—It is the purpose of this part to award grants to institutions of higher education or consortia of such institutions to encourage such institutions to develop and make available to their students work experience that will aid such students in future ca- reers and will enable such students to support themselves finan- cially while in school.
(b) DEFINITION.—In this part the term ‘‘cooperative education’’ means the provision of alternating or parallel periods of academic study and public or private employment to give students work ex- periences related to their academic or occupational objectives and an opportunity to earn the funds necessary for continuing and com- pleting their education.

SEC.

832. ø20 U.S.C.

1161n–1¿ RESERVATIONS.
(a) RESERVATIONS.—Of the amount appropriated to carry out this part in each fiscal year— (1) not less than 50 percent shall be available for awarding grants to institutions of higher education and consortia of such institutions described in section 833(a)(1)(A) for cooperative education under section 833; (2) not less than 25 percent shall be available for awarding grants to institutions of higher education described in section 833(a)(1)(B) for cooperative education under section 833; September 8, 2023 As Amended Through P.L.
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833 (3) not to exceed 11 percent shall be available for dem- onstration projects under paragraph (1) of section 834(a); (4) not to exceed 11 percent shall be available for training and resource centers under paragraph (2) of section 834(a); and (5) not to exceed 3 percent shall be available for research under paragraph (3) of section 834(a).
(b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated under this part shall not be used for the payment of compensation of students for employment by employers participating in a pro- gram under this part.

SEC.

833. ø20 U.S.C.

1161n–2¿ GRANTS FOR COOPERATIVE EDUCATION.
(a) GRANTS AUTHORIZED.— (1) IN GENERAL.—The Secretary is authorized, from the amount available to carry out this section under section 835 in each fiscal year and in accordance with the provisions of this part— (A) to award grants to institutions of higher education or consortia of such institutions that have not received a grant under this paragraph in the ten-year period pre- ceding the date for which a grant under this section is re- quested to pay the Federal share of the cost of planning, establishing, expanding, or carrying out programs of coop- erative education by such institutions or consortia of insti- tutions; and (B) to award grants to institutions of higher education that are operating an existing cooperative education pro- gram as determined by the Secretary to pay the Federal share of the cost of planning, establishing, expanding, or carrying out programs of cooperative education by such in- stitutions.
(2) PROGRAM REQUIREMENT.—Cooperative education pro- grams assisted under this section shall provide alternating or parallel periods of academic study and of public or private em- ployment, giving students work experience related to their aca- demic or occupational objectives and the opportunity to earn the funds necessary for continuing and completing their edu- cation.
(3) AMOUNT OF GRANTS.— (A) The amount of each grant awarded pursuant to paragraph (1)(A) to any institution of higher education or consortia of such institutions in any fiscal year shall not exceed $500,000.
(B)(i) Except as provided in clauses (ii) and (iii), the Secretary shall award grants in each fiscal year to each in- stitution of higher education described in paragraph (1)(B) that has an application approved under subsection (b) in an amount that bears the same ratio to the amount re- served pursuant to section 832(a)(2) for such fiscal year as the number of unduplicated students placed in cooperative education jobs during the preceding fiscal year by such in- stitution of higher education (other than cooperative edu- cation jobs under section 834 and as determined by the Secretary) bears to the total number of all such students September 8, 2023 As Amended Through P.L.
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833 HIGHER EDUCATION ACT OF 1965 888 placed in such jobs during the preceding fiscal year by all such institutions.
(ii) No institution of higher education shall receive a grant pursuant to paragraph (1)(B) in any fiscal year in an amount that exceeds 25 percent of such institution’s cooperative edu- cation program’s personnel and operating budget for the pre- ceding fiscal year.

(iii) The minimum annual grant amount that an institu- tion of higher education is eligible to receive under paragraph (1)(B) is $1,000 and the maximum annual grant amount is $75,000.
(4) LIMITATION.—The Secretary shall not award grants pursuant to subparagraphs (A) and (B) of paragraph (1) to the same institution of higher education or consortia of such insti- tution in any one fiscal year.
(5) USES.—Grants awarded under paragraph (1)(B) shall be used exclusively— (A) to expand the quality of and participation in a co- operative education program; (B) for outreach to potential participants in new cur- ricular areas; and (C) for outreach to potential participants including underrepresented and nontraditional populations.
(b) APPLICATIONS.—Each institution of higher education or con- sortium of such institutions desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall prescribe.
Each such ap- plication shall— (1) set forth the program or activities for which a grant is authorized under this section; (2) specify each portion of such program or activities which will be performed by a nonprofit organization or institution other than the applicant, and the amount of grant funds to be used for such program or activities; (3) provide that the applicant will expend, during the fiscal year for which the grant is awarded for the purpose of such program or activities, not less than the amount expended for such purpose during the previous fiscal year; (4) describe the plans which the applicant will carry out to assure, and contain a formal statement of the institution’s com- mitment that assures, that the applicant will continue the co- operative education program beyond the five-year period of Federal assistance described in subsection (c)(1) at a level that is not less than the total amount expended for such program during the first year such program was assisted under this sec- tion; (5) provide that, in the case of an institution of higher edu- cation that provides a two-year program that is acceptable for full credit toward a bachelor’s degree, the cooperative edu- cation program will be available to students who are certificate or associate degree candidates and who carry at least one-half of the normal full-time academic workload; (6) provide that the applicant will— September 8, 2023 As Amended Through P.L.
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833 (A) make such reports as may be necessary to ensure that the applicant is complying with the provisions of this section, including reports for the second and each suc- ceeding fiscal year for which the applicant receives a grant with respect to the impact of the cooperative education program in the previous fiscal year, including— (i) the number of unduplicated student applicants in the cooperative education program; (ii) the number of unduplicated students placed in cooperative education jobs; erative education students; (iii) the number of employers who have hired coop- (iv) the income for students derived from working in cooperative education jobs; and (v) the increase or decrease in the number of unduplicated students placed in cooperative education jobs in each fiscal year compared to the previous fiscal year; and (B) keep such records as may be necessary to ensure that the applicant is complying with the provisions of this part, including the notation of cooperative education em- ployment on the student’s transcript; (7) describe the extent to which programs in the academic disciplines for which the application is made have satisfactorily met the needs of public and private sector employers; (8) describe the extent to which the institution is com- mitted to extending cooperative education on an institution- wide basis for all students who can benefit; (9) describe the plans that the applicant will carry out to evaluate the applicant’s cooperative education program at the end of the grant period; (10) provide for such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under this part; (11) demonstrate a commitment to serving underserved populations at the institution; and (12) include such other information as may be necessary to carry out the provisions of this part.
(c) DURATION OF GRANTS; FEDERAL SHARE.— (1) DURATION OF GRANTS.—No individual institution of higher education may receive, individually or as a participant in a consortium of such institutions— (A) a grant pursuant to subsection (a)(1)(A) for more than five fiscal years; or (B) a grant pursuant to subsection (a)(1)(B) for more than five fiscal years.
(2) FEDERAL SHARE.—The Federal share of a grant under subsection (a)(1)(A) may not exceed— (A) 85 percent of the cost of carrying out the program or activities described in the application in the first year the applicant receives a grant under this section; (B) 70 percent of such cost in the second such year; (C) 55 percent of such cost in the third such year; September 8, 2023 As Amended Through P.L.
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834 HIGHER EDUCATION ACT OF 1965 890 (D) 40 percent of such cost in the fourth such year; and (E) 25 percent of such cost in the fifth such year.

(3) SPECIAL RULE.—Notwithstanding any other provision of law, the Secretary may not waive the provisions of paragraphs (1) and (2).
(d) MAINTENANCE OF EFFORT.—If the Secretary determines that a recipient of funds under this section has failed to maintain the fiscal effort described in subsection (b)(3), then the Secretary may elect not to make grant payments under this section to such recipient.
(e) FACTORS FOR SPECIAL CONSIDERATION OF APPLICATIONS.— (1) IN GENERAL.—In approving applications under this sec- tion, the Secretary shall give special consideration to applica- tions from institutions of higher education or consortia of such institutions for programs that show the greatest promise of success based on— (A) the extent to which programs in the academic dis- cipline with respect to which the application is made have satisfactorily met the needs of public and private sector employers; (B) the strength of the commitment of the institution of higher education or consortium of such institutions to cooperative education as demonstrated by the plans and formalized institutional commitment statement which such institution or consortium has made to continue the pro- gram after the termination of Federal financial assistance; (C) the extent to which the institution or consortium of institutions is committed to extending cooperative edu- cation for students who can benefit; and (D) such other factors as are consistent with the pur- pose of this part.
(2) ADDITIONAL SPECIAL CONSIDERATION.—The Secretary shall also give special consideration to applications from insti- tutions of higher education or consortia of such institutions that demonstrate a commitment to serving underserved popu- lations attending such institutions.

SEC.

834. ø20 U.S.C.

1161n–3¿ DEMONSTRATION AND INNOVATION PROJECTS; TRAINING AND RESOURCE CENTERS; AND RE- SEARCH.
(a) AUTHORIZATION.—From the amounts appropriated under section 835, the Secretary is authorized, in accordance with the provisions of this section, to make grants and enter into contracts— (1) from the amounts available in each fiscal year under section 832(a)(3), for the conduct of demonstration projects de- signed to demonstrate or determine the effectiveness of innova- tive methods of cooperative education; (2) from the amounts available in each fiscal year under section 832(a)(4), for the conduct of training and resource cen- ters designed to— (A) train personnel in the field of cooperative edu- cation; September 8, 2023 As Amended Through P.L.
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834 (B) improve materials used in cooperative education programs if such improvement is conducted in conjunction with other activities described in this paragraph; (C) provide technical assistance to institutions of high- er education to increase the potential of the institution to continue to conduct a cooperative education program with- out Federal assistance; (D) encourage model cooperative education programs that furnish education and training in occupations in which there is a national need; (E) support partnerships under which an institution carrying out a comprehensive cooperative education pro- gram joins with one or more institutions of higher edu- cation in order to— (i) assist the institution that is not the institution carrying out the cooperative education program to de- velop and expand an existing program of cooperative education; or (ii) establish and improve or expand comprehen- sive cooperative education programs; and (F) encourage model cooperative education programs in the fields of science and mathematics for women and minorities who are underrepresented in such fields; and (3) from the amounts available in each fiscal year under section 832(a)(5), for the conduct of research relating to cooper- ative education.
(b) ADMINISTRATIVE PROVISION.— (1) IN GENERAL.—To carry out this section, the Secretary may— (A) make grants to or contracts with institutions of higher education or consortia of such institutions; and (B) make grants to or contracts with other public or private nonprofit agencies or organizations, whenever such grants or contracts will contribute to the objectives of this section.
(2) LIMITATION.— (A) CONTRACTS WITH INSTITUTIONS OF HIGHER EDU- CATION.—The Secretary may use not more than three per- cent of the amount appropriated to carry out this section in each fiscal year to enter into contracts described in paragraph (1)(A).

(B) CONTRACTS WITH OTHER AGENCIES OR ORGANIZA- TIONS.—The Secretary may use not more than three per- cent of the amount appropriated to carry out this section in each fiscal year to enter into contracts described in paragraph (1)(B).
(c) SUPPLEMENT NOT SUPPLANT.—A recipient of a grant or con- tract under this section may use the funds provided only to supple- ment funds made available from non-Federal sources to carry out the activities supported by such grant or contract, and in no case to supplant such funds from non-Federal sources.

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835 HIGHER EDUCATION ACT OF 1965 892 SEC.

835. ø20 U.S.C.

1161n–4¿ AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
PART O—COLLEGE PARTNERSHIP GRANTS SEC.

841. ø20 U.S.C.

1161o¿ COLLEGE PARTNERSHIP GRANTS AUTHOR- IZED.

(a) GRANTS AUTHORIZED.—From the amount appropriated to carry out this section, the Secretary shall award grants to eligible partnerships for the purposes of developing and implementing ar- ticulation agreements.
(b) ELIGIBLE PARTNERSHIPS.—For purposes of this part, an eli- gible partnership shall include at least two institutions of higher education, or a system of institutions of higher education, and may include either or both of the following: (1) A consortia of institutions of higher education.

(2) A State higher education agency.
(c) PRIORITY.—The Secretary shall give priority to eligible part- nerships that— (1) are located in a State that has employed strategies de- scribed in section 486A(b)(1); or (2) include— (A) one or more junior or community colleges (as de- fined by section 312(f)) that award associate’s degrees; and (B) one or more institutions of higher education that offer a baccalaureate or post-baccalaureate degree not awarded by the institutions described in subparagraph (A) with which it is partnered.
(d) MANDATORY USE OF FUNDS.—Grants awarded under this part shall be used for— (1) the development of policies and programs to expand op- portunities for students to earn bachelor’s degrees, by facili- tating the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agree- ments between institutions of higher education, including through common course numbering and general education core curriculum; (2) academic program enhancements; and (3) programs to identify and remove barriers that inhibit student transfers, including technological and informational programs.
(e) OPTIONAL USE OF FUNDS.—Grants awarded under this part may be used for— (1) support services to students participating in the pro- gram, such as tutoring, mentoring, and academic and personal counseling; and (2) any service that facilitates the transition of students between the partner institutions.
(f) PROHIBITION.—No funds provided under this section shall be used to financially compensate an institution for the purposes of entering into an articulation agreement or for accepting students transferring into such institution.

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851 (g) APPLICATIONS.—Any eligible partnership that desires to ob- tain a grant under this section shall submit to the Secretary an ap- plication at such time, in such manner, and containing such infor- mation or assurances as the Secretary may require.

(h) DEFINITION.—For purposes of this section, the term ‘‘articu- lation agreement’’ means an agreement between institutions of higher education that specifies the acceptability of courses in trans- fer toward meeting specific degree requirements.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART P—JOBS TO CAREERS SEC.

851. ø20 U.S.C.

1161p¿ GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS.
(a) PURPOSE.—The purpose of this section is to provide grants on a competitive basis to institutions of higher education for the purpose of improving developmental education to help students move more rapidly into for-credit occupational courses and into bet- ter jobs that may require a certificate or degree.
(b) AUTHORIZATION OF PROGRAM.—From amounts appropriated to carry out this section, the Secretary shall award grants, on a competitive basis, to institutions of higher education, as defined in section 101(a), to create workforce bridge programs between devel- opmental courses and for-credit courses in occupational certificate programs that are articulated to degree programs.
Such workforce bridge programs shall focus on— (1) improving developmental education, including English language instruction, by customizing developmental education to student career goals; and (2) helping students move rapidly from developmental coursework into for-credit occupational courses and through program completion.
(c) APPLICATION.—An institution of higher education desiring a grant under this section shall submit an application to the Sec- retary at such time, in such manner, and containing such informa- tion as the Secretary may reasonably require.
(d) PRIORITIES.—The Secretary shall give priority to applica- tions that— (1) are from institutions of higher education in which not less than 50 percent of the institution’s entering first-year stu- dents who are subject to mandatory assessment are assessed as needing developmental courses to bring reading, writing, or mathematics skills up to college level; and (2) propose to replicate practices that have proven effective with adults, or propose to collaborate with adult education pro- viders.
(e) REQUIRED ACTIVITY.—An institution of higher education that receives a grant under this section shall use the grant funds to create workforce bridge programs to customize developmental education curricula, including English language instruction, to re- flect the content of for-credit occupational certificate or degree pro- September 8, 2023 As Amended Through P.L.
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851 HIGHER EDUCATION ACT OF 1965 894 grams, or clusters of such programs, in which developmental edu- cation students are enrolled or plan to enroll.

Such workforce bridge programs shall integrate the curricula and the instruction of the developmental and college-level coursework.
(f) PERMISSIBLE ACTIVITIES.—An institution of higher education that receives a grant under this section may use the grant funds to carry out one or more of the following activities: (1) Designing and implementing innovative ways to im- prove retention in and completion of developmental education courses, including enrolling students in cohorts, accelerating course content, dually enrolling students in developmental and college-level courses, tutoring, providing counseling and other supportive services, and giving small, material incentives for attendance and performance.
(2) In consultation with faculty in the appropriate depart- ments, reconfiguring courses offered on-site during standard academic terms for modular, compressed, or other alternative schedules, or for distance-learning formats, to meet the needs of working adults.
(3) Developing counseling strategies that address the needs of students in remedial education courses, and including counseling students on career options and the range of pro- grams available, such as certificate programs that are articu- lated to degree programs and programs designed to facilitate transfer to four-year institutions of higher education.
(4) Improving the quality of teaching in remedial courses through professional development, reclassification of such teaching positions, or other means the institution of higher education determines appropriate.

(5) Any other activities the institution of higher education and the Secretary determine will promote retention of, and completion by, students attending institutions of higher edu- cation.
(g) GRANT PERIOD.—Grants made under this section shall be for a period of not less than three years and not more than five years.

(h) TECHNICAL ASSISTANCE.—The Secretary shall provide tech- nical assistance to recipients of, and applicants for, grants under this section.
(i) REPORT AND SUMMARY.—Each institution of higher edu- cation that receives a grant under this section shall report to the Secretary on the effectiveness of the program in enabling students to move rapidly from developmental coursework into for-credit oc- cupational courses and through program completion.

The Secretary shall summarize the reports, identify best practices, and dissemi- nate the information from such summary and identification to the public.
(j) 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.

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861 PART Q—RURAL DEVELOPMENT GRANTS FOR RURAL-SERVING COLLEGES AND UNIVER- SITIES SEC.

861. ø20 U.S.C.

1161q¿ GRANTS TO RURAL-SERVING INSTITUTIONS OF HIGHER EDUCATION.
(a) PURPOSES.—The purposes of this section are— (1) to increase enrollment and graduation rates of sec- ondary school graduates and nontraditional students from rural areas at two-year and four-year institutions of higher education, and their articulation from two-year degree pro- grams into four-year degree programs; and (2) to promote economic growth and development in rural America through partnership grants to consortia of rural-serv- ing institutions of higher education, local educational agencies, and regional employers.
(b) DEFINITIONS.—For the purposes of this section: (1) RURAL-SERVING INSTITUTION OF HIGHER EDUCATION.— The term ‘‘rural-serving institution of higher education’’ means an institution of higher education that primarily serves rural areas.

(2) RURAL AREA.—The term ‘‘rural area’’ means an area that is defined, identified, or otherwise recognized as rural by a governmental agency of the State in which the area is lo- cated.
(3) NONTRADITIONAL STUDENT.—The term ‘‘nontraditional student’’ means an individual who— (A) delays enrollment in an institution of higher edu- cation by three or more years after secondary school grad- uation; (B) attends an institution of higher education part- time; or (C) attends an institution of higher education and— (i) works full-time; (ii) is an independent student, as defined in sec- tion 480; (iii) has one or more dependents other than a spouse; (iv) is a single parent; or (v) does not have a secondary school diploma or the recognized equivalent of such a diploma.
(4) REGIONAL EMPLOYER.—The term ‘‘regional employer’’ means an employer within a rural area.
(c) PARTNERSHIP.— (1) REQUIRED PARTNERS.—A rural-serving institution of higher education, or a consortium of rural-serving institutions of higher education, that receives a grant under this section shall carry out the activities of the grant in partnership with— (A) one or more local educational agencies serving a rural area; and (B) one or more regional employers or local boards (as such term is defined in section 3 of the Workforce Innova- tion and Opportunity Act) serving a rural area.
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861 HIGHER EDUCATION ACT OF 1965 896 (2) OPTIONAL PARTNERS.—A rural-serving institution of higher education, or a consortium of rural-serving institutions of higher education, that receives a grant under this section, may carry out the activities of the grant in partnership with— (A) an educational service agency (as defined in sec- tion 8101 of the Elementary and Secondary Education Act of 1965); or (B) a nonprofit organization with demonstrated exper- tise in rural education at the secondary and postsecondary levels.
(d) GRANTS AUTHORIZED.— (1) IN GENERAL.—From amounts made available under subsection (g), the Secretary is authorized to award grants, on a competitive basis, to eligible rural-serving institutions of higher education or a consortium of such institutions, to carry out the activities described in subsection (f).

(2) DURATION.—A grant awarded under this section shall be awarded for a period not to exceed three years.
(3) MAXIMUM AND MINIMUM GRANTS.—No grant awarded under this section shall be less than $200,000.
(4) SPECIAL CONSIDERATIONS.—In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the most potential and propose the most promising and innovative approaches for— (A) increasing the percentage of graduates of rural sec- ondary schools attending rural-serving institutions of high- er education; (B) meeting the employment needs of regional employ- ers with graduates of rural-serving institutions of higher education; and (C) improving the health of the regional economy of a rural area through a partnership of local educational agen- cies serving the rural area, rural-serving institutions of higher education, and regional employers.
(5) LIMITATION.—A rural-serving institution of higher edu- cation shall not receive more than one grant under this section.

(e) APPLICATIONS.—Each rural-serving institution of higher education desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and con- taining such information as the Secretary may reasonably require.
(f) REQUIRED USE OF FUNDS.—A rural-serving institution of higher education that receives a grant under this section shall use grant funds for at least three of the following four purposes: (1) To improve postsecondary enrollment rates for rural secondary school students at rural-serving institutions of high- er education, which may include— (A) programs to provide students and families with counseling related to applying for postsecondary education, and Federal and State financial assistance for postsec- ondary education; (B) programs that provide students and families of rural high schools access and exposure to campuses, class- es, programs, and internships of rural-serving institutions September 8, 2023 As Amended Through P.L.
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871 of higher education, including covering the cost of trans- portation to and from such institutions; and (C) other initiatives that assist students and families in applying for and developing interest in attending rural- serving institutions of higher education.
(2) To increase enrollment rates of nontraditional students in degree programs at rural-serving institutions of higher edu- cation, which may include— (A) programs to provide nontraditional students with counseling related to applying for postsecondary education, and Federal and State financial assistance for postsec- ondary education; (B) community outreach initiatives to encourage non- traditional students to enroll in a rural-serving institution of higher education; and (C) programs to improve the enrollment of nontradi- tional students in two-year degree programs and the tran- sition of nontraditional students articulating from two-year degree programs to four-year degree programs.
(3) To create or strengthen academic programs at rural- serving institutions of higher education to prepare graduates to enter into high-need occupations in the regional and local economies.

(4) To provide additional career training to students of rural-serving institutions of higher education in fields relevant to the regional economy.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as many be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART R—CAMPUS-BASED DIGITAL THEFT PREVENTION SEC.

871. ø20 U.S.C.

1161r¿ CAMPUS-BASED DIGITAL THEFT PREVEN- TION.
(a) PROGRAM AUTHORITY.—From the amounts appropriated under subsection (d), the Secretary may make grants to institu- tions of higher education, or consortia of such institutions, and enter into contracts with such institutions, consortia, and other or- ganizations, to develop, implement, operate, improve, and dissemi- nate programs of prevention, education, and cost-effective techno- logical solutions, to reduce and eliminate the illegal downloading and distribution of intellectual property.
Such grants or contracts may also be used for the support of higher education centers that will provide training, technical assistance, evaluation, dissemina- tion, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education.

(b) AWARDS.—Grants and contracts shall be awarded under this section on a competitive basis.
(c) APPLICATIONS.—An institution of higher education or a con- sortium of such institutions that desires to receive a grant or con- tract under this section shall submit an application to the Sec- September 8, 2023 As Amended Through P.L.

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872 HIGHER EDUCATION ACT OF 1965 898 retary at such time, in such manner, and containing or accom- panied by such information as the Secretary may reasonably re- quire by regulation.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART S—TRAINING FOR REALTIME WRITERS SEC.

872. ø20 U.S.C.
872. ø20 U.S.C.

1161s¿ PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS.
(a) AUTHORIZATION OF GRANT PROGRAM.— (1) IN GENERAL.—From the amounts appropriated to carry out this section, the Secretary shall award grants, on a com- petitive basis, to eligible entities under paragraph (2) to pro- mote training and placement of individuals, including individ- uals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 713 of the Communications Act of 1934 (47 U.S.C.
613) and the rules prescribed thereunder.

(2) ELIGIBLE ENTITIES.—For purposes of this section, an el- igible entity is a court reporting program that— (A) has a curriculum capable of training realtime writ- ers qualified to provide captioning services; (B) is accredited by an accrediting agency or associa- tion recognized by the Secretary; and (C) is participating in student aid programs under title IV.
(3) PRIORITY IN GRANTS.—In determining whether to make grants under this section, the Secretary shall give a priority to eligible entities that, as determined by the Secretary— (A) possess the most substantial capability to increase their capacity to train realtime writers; (B) demonstrate the most promising collaboration with educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; or (C) propose the most promising and innovative ap- proaches for initiating or expanding training or job place- ment assistance efforts with respect to realtime writers.
(4) DURATION OF GRANT.—A grant under this section shall be for a period of up to five years.

(5) MAXIMUM AMOUNT OF GRANT.—The amount of a grant provided under this subsection to an eligible entity may not ex- ceed $1,500,000 for the period of the grant.

(b) APPLICATION.— (1) IN GENERAL.—To receive a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
The application shall contain the information set forth under paragraph (2).

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872 (2) INFORMATION.—Information in the application of an eli- gible entity for a grant under subsection (a) shall include the following: (A) A description of the training and assistance to be funded using the grant amount, including how such train- ing and assistance will increase the number of realtime writers.
(B) A description of performance measures to be uti- lized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention.

(C) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers.
(D) A description of the manner in which the eligible entity intends to continue providing the training and as- sistance to be funded by the grant after the end of the grant period, including any partnerships or arrangements established for that purpose.
(E) A description of how the eligible entity will work with local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act) to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers.
(F) Additional information, if any, on the eligibility of the eligible entity for priority in the making of grants under subsection (a)(3).

(G) Such other information as the Secretary may re- quire.
(c) USE OF FUNDS.— (1) IN GENERAL.—An eligible entity receiving a grant under subsection (a) shall use the grant amount for purposes relating to the recruitment, training and assistance, and job placement of individuals, including individuals who have completed a court reporting training program, as realtime writers, includ- ing— (A) recruitment; (B) subject to paragraph (2), the provision of scholar- ships; (C) distance learning; (D) further developing and implementing both English and Spanish curricula to more effectively train individuals in realtime writing skills, and education in the knowledge necessary for the delivery of high quality closed captioning services; (E) mentoring students to ensure successful comple- tion of the realtime training and providing assistance in job placement; (F) encouraging individuals with disabilities to pursue a career in realtime writing; and September 8, 2023 As Amended Through P.L.
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872 HIGHER EDUCATION ACT OF 1965 900 (G) the employment and payment of personnel for the purposes described in this paragraph.
(2) SCHOLARSHIPS.— (A) AMOUNT.—The amount of a scholarship under paragraph (1)(B) shall be based on the amount of need of the scholarship recipient for financial assistance, as deter- mined in accordance with part F of title IV.
(B) AGREEMENT.—Each recipient of a scholarship under paragraph (1)(B) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for the purposes described in sub- section (a)(1) for a period of time appropriate (as deter- mined by the Secretary) for the amount of the scholarship received.
(C) COURSEWORK AND EMPLOYMENT.—The Secretary shall establish requirements for coursework and employ- ment for recipients of scholarships under paragraph (1)(B), for repayment of scholarship including requirements amounts in the event of failure to meet such requirements for coursework and employment.
The Secretary may waive, in whole or in part, the requirements for repayment of scholarship amounts on the basis of economic conditions which may affect the ability of scholarship recipients to find work as realtime writers.

(3) ADMINISTRATIVE COSTS.—The recipient of a grant under this section may not use more than five percent of the grant amount to pay administrative costs associated with activities funded by the grant.
The Secretary shall use not more than five percent of the amount available for grants under this sec- tion in any fiscal year for administrative costs of the program.

(4) SUPPLEMENT NOT SUPPLANT.—Grant amounts under this section shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of pro- moting the training and placement of individuals as realtime writers.
(d) REPORT.— (1) IN GENERAL.—Each eligible entity receiving a grant under subsection (a) shall submit to the Secretary, at the end of the grant period, a report on the activities of such entity with respect to the use of grant amounts during the grant pe- riod.
(2) REPORT INFORMATION.—Each report of an eligible enti- ty under paragraph (1) shall include— (A) an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers, using the performance meas- ures submitted by the eligible entity in the application for the grant under subsection (b)(2); and (B) a description of the best practices identified by the eligible entity for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers.
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873 (3) SUMMARIES.—The Secretary shall summarize the re- ports submitted under paragraph (2) and make such summary available on the Department’s website.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART T—CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS SEC.

873. ø20 U.S.C.

1161t¿ MODEL PROGRAMS FOR CENTERS OF EX- CELLENCE FOR VETERAN STUDENT SUCCESS.
(a) PURPOSE.—It is the purpose of this section to encourage model programs to support veteran student success in postsec- ondary education by coordinating services to address the academic, financial, physical, and social needs of veteran students.
(b) GRANTS AUTHORIZED.— (1) IN GENERAL.—Subject to the availability of appropria- tions under subsection (f), the Secretary shall award grants to institutions of higher education to develop model programs to support veteran student success in postsecondary education.

(2) GRANT PERIOD.—A grant awarded under this section shall be awarded for a period of three years.
(c) USE OF GRANTS.— (1) REQUIRED ACTIVITIES.—An institution of higher edu- cation receiving a grant under this section shall use such grant to carry out a model program that includes— (A) establishing a Center of Excellence for Veteran Student Success on the campus of the institution to pro- vide a single point of contact to coordinate comprehensive support services for veteran students; (B) establishing a veteran student support team, in- cluding representatives from the offices of the institution responsible for admissions, registration, financial aid, vet- erans benefits, academic advising, student health, personal or mental health counseling, career advising, disabilities services, and any other office of the institution that pro- vides support to veteran students on campus; (C) providing a coordinator whose primary responsi- bility is to coordinate the model program carried out under this section; (D) monitoring the rates of veteran student enroll- ment, persistence, and completion; and (E) developing a plan to sustain the Center of Excel- lence for Veteran Student Success after the grant period.
(2) OTHER AUTHORIZED ACTIVITIES.—An institution of high- er education receiving a grant under this section may use such grant to carry out any of the following activities with respect to veteran students: (A) Outreach and recruitment of such students.

(B) Supportive instructional services for such students, which may include— September 8, 2023 As Amended Through P.L.
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873 HIGHER EDUCATION ACT OF 1965 902 (i) personal, academic, and career counseling, as an ongoing part of the program; (ii) tutoring and academic skill-building instruc- tion assistance, as needed; and (iii) assistance with special admissions and trans- fer of credit from previous postsecondary education or experience.

(C) Assistance in obtaining student financial aid.

(D) Housing support for veteran students living in in- stitutional facilities and commuting veteran students.
(E) Cultural events, academic programs, orientation programs, and other activities designed to ease the transi- tion to campus life for veteran students.

(F) Support for veteran student organizations and vet- eran student support groups on campus.

(G) Coordination of academic advising and admissions counseling with military bases and national guard units in the area.
(H) Other support services the institution determines to be necessary to ensure the success of veterans in achiev- ing educational and career goals.

(d) APPLICATION; SELECTION.— (1) APPLICATION.—To be considered for a grant under this section, an institution of higher education shall submit to the Secretary an application at such time, in such manner, and ac- companied by such information as the Secretary may require.
(2) SELECTION CONSIDERATIONS.—In awarding grants under this section, the Secretary shall consider— (A) the number of veteran students enrolled at an in- stitution of higher education; and (B) the need for model programs to address the needs of veteran students at a wide range of institutions of high- er education, including the need to provide— (i) an equitable distribution of such grants to in- stitutions of higher education of various types and sizes; (ii) an equitable geographic distribution of such grants; and (iii) an equitable distribution of such grants among rural and urban areas.
(e) EVALUATION AND ACCOUNTABILITY PLAN.—The Secretary shall develop an evaluation and accountability plan for model pro- grams funded under this section to objectively measure the impact of such programs, including a measure of whether postsecondary education enrollment, persistence, and completion for veterans in- creases as a result of such programs.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

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881 PART U—UNIVERSITY SUSTAINABILITY PROGRAMS SEC.

881. ø20 U.S.C.

1161u¿ SUSTAINABILITY PLANNING GRANTS AU- THORIZED.
(a) PROGRAM AUTHORIZED.— (1) IN GENERAL.—From the amounts appropriated to carry out this section, the Secretary, in consultation with the Admin- istrator of the Environmental Protection Agency, shall make grants to eligible entities to establish sustainability programs to design and implement sustainability practices, including in the areas of energy management, greenhouse gas emissions re- ductions, green building, waste management, purchasing, transportation, and toxics management, and other aspects of sustainability that integrate campus operations with multi- disciplinary academic programs and are applicable to the pri- vate and government sectors.
(2) PERIOD OF GRANT.—The provision of payments under a grant under paragraph (1) shall extend over a period of not more than four fiscal years.
(3) DEFINITION OF ELIGIBLE ENTITY.—For purposes of this part, the term ‘‘eligible entity’’ means— (A) an institution of higher education; or (B) a nonprofit consortium, association, alliance, or col- laboration operating in partnership with one or more insti- tutions of higher education that received funds for the im- plementation of work associated with sustainability pro- grams under this part.
(b) APPLICATIONS.— (1) IN GENERAL.—To receive a grant under subsection (a)(1), an eligible entity shall submit an application to the Sec- retary at such time, in such form, and containing such infor- mation as the Secretary may reasonably require.
(2) ASSURANCES.—Such application shall include assur- ances that the eligible entity— (A) has developed a plan, including an evaluation com- ponent, for the program component established pursuant to subsection (c); (B) shall use Federal funds received from a grant under subsection (a) to supplement, not supplant, non-Fed- eral funds that would otherwise be available for projects funded under this section; (C) shall provide, with respect to any fiscal year in which such entity receives funds from a grant under sub- section (a)(1), non-Federal funds or an in-kind contribution in an amount equal to 20 percent of funds from such grant, for the purpose of carrying out the program compo- nent established pursuant to subsection (c); and (D) shall collaborate with business, government, and the nonprofit sectors in the development and implementa- tion of its sustainability plan.
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881 HIGHER EDUCATION ACT OF 1965 904 vidual institution of higher education for the following pur- poses: (A) To develop and implement administrative and op- erations practices at an institution of higher education that test, model, and analyze principles of sustainability.

(B) To establish multidisciplinary education, research, and outreach programs at an institution of higher edu- cation that address the environmental, social, and eco- nomic dimensions of sustainability.
(C) To support research and teaching initiatives that focus on multidisciplinary and integrated environmental, economic, and social elements.

(D) To establish initiatives in the areas of energy man- agement, greenhouse gas emissions reductions, green building, waste management, purchasing, toxics manage- ment, transportation, and other aspects of sustainability.

(E) To support student, faculty, and staff work at an institution of higher education to implement, research, and evaluate sustainable practices.
(F) To expand sustainability literacy on campus.

(G) To integrate sustainability curricula in all pro- grams of instruction, particularly in business, architecture, technology, manufacturing, engineering, and science pro- grams.
(2) PARTNERSHIPS.—Grants made under subsection (a) may be used by an eligible entity that is a nonprofit consortium, as- sociation, alliance, or collaboration operating in partnership with one or more institutions of higher education for the fol- lowing purposes: (A) To conduct faculty, staff and administrator train- ing on the subjects of sustainability and institutional change.

(B) To compile, evaluate, and disseminate best prac- tices, case studies, guidelines and standards regarding sus- tainability.
(C) To conduct efforts to engage external stakeholders such as business, alumni, and accrediting agencies in the process of building support for research, education, and technology development for sustainability.

(D) To conduct professional development programs for faculty in all disciplines to enable faculty to incorporate sustainability content in their courses.
(E) To create the analytical tools necessary for institu- tions of higher education to assess and measure their indi- vidual progress toward fully sustainable campus oper- ations and fully integrating sustainability into the cur- riculum.

(F) To develop educational benchmarks for institutions of higher education to determine the necessary rigor and effectiveness of academic sustainability programs.
(d) REPORTS.—An eligible entity that receives a grant under subsection (a) shall submit to the Secretary, for each fiscal year in which the entity receives amounts from such grant, a report that describes the work conducted pursuant to subsection (c), research September 8, 2023 As Amended Through P.L.
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891 findings and publications, administrative savings experienced, and an evaluation of the program.
(e) ALLOCATION REQUIREMENT.—The Secretary may not make grants under subsection (a) to any eligible entity in a total amount that is less than $250,000 or more than $2,000,000.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART V—MODELING AND SIMULATION PROGRAMS SEC.

891. ø20 U.S.C.

1161v¿ MODELING AND SIMULATION.
(a) PURPOSE; DEFINITION.— (1) PURPOSE.—The purpose of this section is to promote the study of modeling and simulation at institutions of higher education, through the collaboration with new and existing programs, and specifically to promote the use of technology in such study through the creation of accurate models that can simulate processes or recreate real life, by— (A) establishing a task force at the Department of Education to raise awareness of and define the study of modeling and simulation; (B) providing grants to institutions of higher education to develop new modeling and simulation degree programs; and (C) providing grants for institutions of higher edu- cation to enhance existing modeling and simulation degree programs.
(2) DEFINITION.—In this section, the term ‘‘modeling and simulation’’ means a field of study related to the application of computer science and mathematics to develop a level of under- standing of the interaction of the parts of a system and of a system as a whole.
(b) ESTABLISHMENT OF TASK FORCE.— (1) IN GENERAL.—Subject to the availability of appropria- tions, the Secretary shall establish a task force within the De- partment to study modeling and simulation and to support the development of the modeling and simulation field.
The activi- ties of such task force shall include— (A) helping to define the study of modeling and sim- ulation (including the content of modeling and simulation classes and programs); (B) identifying best practices for such study; (C) identifying core knowledge and skills that individ- uals who participate in modeling and simulation programs should acquire; and (D) providing recommendations to the Secretary with respect to— (i) the information described in subparagraphs (A) through (C); and September 8, 2023 As Amended Through P.L.
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891 HIGHER EDUCATION ACT OF 1965 906 (ii) a system by which grants under this section will be distributed.
(2) TASK FORCE MEMBERSHIP.—The membership of the task force under this subsection shall be composed of representa- tives from— (A) institutions of higher education with established modeling and simulation degree programs; (B) the National Science Foundation; (C) Federal Government agencies that use modeling and simulation extensively, including the Department of Defense, the National Institutes of Health, the Depart- ment of Homeland Security, the Department of Health and Human Services, the Department of Energy, and the De- partment of Transportation; (D) private industries with a primary focus on mod- eling and simulation; (E) national modeling and simulation organizations; and (F) the Office of Science and Technology Policy.
(c) ENHANCING MODELING AND SIMULATION AT INSTITUTIONS OF HIGHER EDUCATION.— (1) ENHANCEMENT GRANTS AUTHORIZED.— (A) IN GENERAL.—The Secretary is authorized to award grants, on a competitive basis, to eligible institu- tions to enhance modeling and simulation degree programs at such eligible institutions.
(B) DURATION OF GRANT.—A grant awarded under this subsection shall be awarded for a three-year period, and such grant period may be extended for not more than two years if the Secretary determines that an eligible institu- tion has demonstrated success in enhancing the modeling and simulation degree program at such eligible institution.
(C) MINIMUM GRANT AMOUNT.—Subject to the avail- ability of appropriations, a grant awarded to an eligible in- stitution under this subsection shall not be less than $750,000.

(D) NON-FEDERAL SHARE.—Each eligible institution re- ceiving a grant under this subsection shall provide, from non-Federal sources, in cash or in-kind, an amount equal to 25 percent of the amount of the grant to carry out the activities supported by the grant.
The Secretary may waive the non-Federal share requirement under this subpara- graph for an eligible institution if the Secretary deter- mines a waiver to be appropriate based on the financial ability of the institution.
(2) ELIGIBLE INSTITUTIONS.—For the purposes of this sub- section, an eligible institution is an institution of higher edu- cation that— (A) has an established modeling and simulation degree program, including a major, minor, or career-track pro- gram; or (B) has an established modeling and simulation certifi- cate or concentration program.

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891 (3) APPLICATION.—To be considered for a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
Such applica- tion shall include— (A) a letter from the president or provost of the eligi- ble institution that demonstrates the institution’s commit- ment to the enhancement of the modeling and simulation program at the institution of higher education; (B) an identification of designated faculty responsible for the enhancement of the institution’s modeling and sim- ulation program; and (C) a detailed plan for how the grant funds will be used to enhance the modeling and simulation program of the institution.
(4) USES OF FUNDS.—A grant awarded under this sub- section shall be used by an eligible institution to carry out the plan developed in accordance with paragraph (3)(C) to enhance modeling and simulation programs at the institution, which may include— (A) in the case of an institution that is eligible under paragraph (2)(B), activities to assist in the establishment of a major, minor, or career-track modeling and simulation program at the eligible institution; (B) expanding the multidisciplinary nature of the in- stitution’s modeling and simulation programs; (C) recruiting students into the field of modeling and fellowships or the provision of through simulation assistantships; (D) creating new courses to complement existing courses and reflect emerging developments in the modeling and simulation field; (E) conducting research to support new methodologies and techniques in modeling and simulation; and (F) purchasing equipment necessary for modeling and simulation programs.
(d) ESTABLISHING MODELING AND SIMULATION PROGRAMS.— (1) ESTABLISHMENT GRANTS AUTHORIZED.— (A) IN GENERAL.—The Secretary is authorized to award grants to institutions of higher education to estab- lish a modeling and simulation program, including a major, minor, career-track, certificate, or concentration program.
(B) DURATION OF GRANT.—A grant awarded under this subsection shall be awarded for a three-year period, and such grant period may be extended for not more than two years if the Secretary determines that an eligible institu- tion has demonstrated success in establishing a modeling and simulation degree program at such eligible institution.
(C) MINIMUM GRANT AMOUNT.—Subject to the avail- ability of appropriations, a grant awarded to an eligible in- stitution under this subsection shall not be less than $750,000.

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891 HIGHER EDUCATION ACT OF 1965 908 (D) NON-FEDERAL SHARE.—Each eligible institution re- ceiving a grant under this subsection shall provide, from non-Federal sources, in cash or in-kind, an amount equal to 25 percent of the amount of the grant to carry out the activities supported by the grant.
The Secretary may waive the non-Federal share requirement under this subpara- graph for an eligible institution if the Secretary deter- mines a waiver to be appropriate based on the financial ability of the institution.

(2) APPLICATION.—To apply for a grant under this sub- section, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
Such application shall include— (A) a letter from the president or provost of the eligi- ble institution that demonstrates the institution’s commit- ment to the establishment of a modeling and simulation program at the institution of higher education; (B) a detailed plan for how the grant funds will be used to establish a modeling and simulation program at the institution; and (C) a description of how the modeling and simulation program established under this subsection will com- plement existing programs and fit into the institution’s current program and course offerings.
(3) USES OF FUNDS.—A grant awarded under this sub- section may be used by an eligible institution to— (A) establish, or work toward the establishment of, a modeling and simulation program, including a major, minor, career-track, certificate, or concentration program at the eligible institution; (B) provide adequate staffing to ensure the successful establishment of the modeling and simulation program, which may include the assignment of full-time dedicated or supportive faculty; and (C) purchase equipment necessary for a modeling and simulation program.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
Of the amounts authorized to be appropriated for each fiscal year— (1) $1,000,000 is authorized to carry out the activities of the task force established pursuant to subsection (b); and (2) of the amount remaining after the allocation for para- graph (1)— (A) 50 percent is authorized to carry out the grant pro- gram under subsection (c); and (B) 50 percent is authorized to carry out the grant pro- gram under subsection (d).

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892 PART W—PATH TO SUCCESS SEC.

892. ø20 U.S.C.

1161w¿ PATH TO SUCCESS.
(a) PURPOSE.—The purpose of this section is to encourage com- munity supported programs that— (1) leverage and enhance community support for at-risk young adults by facilitating the transition of such young adults who are eligible individuals into productive learning environ- ments where such young adults can obtain the life, social, aca- demic, career, and technical skills and credentials necessary to strengthen the Nation’s workforce; (2) provide counseling, as appropriate, for eligible individ- uals participating in the programs to allow the eligible individ- uals to build a relationship with one or more guidance coun- selors during the period that the individuals are enrolled in the programs, including providing referrals and connections to community resources that help eligible individuals transition back into the community with the necessary life, social, aca- demic, career, and technical skills after being in detention, or incarcerated, particularly resources related to health, housing, job training, and workplace readiness; (3) provide training and education for eligible individuals participating in the programs, to allow such individuals to as- sist community officials and law enforcement agencies with the deterrence and prevention of gang and youth violence by par- ticipating in seminars, training, and workshops throughout the community; and (4) provide each eligible individual participating in the pro- grams with individual attention based on a curriculum that matches the interests and abilities of the individual to the re- sources of the program.
(b) REENTRY EDUCATION PROGRAM.— (1) GRANT PROGRAM ESTABLISHED.—From the amounts ap- propriated under subsection (g), the Secretary is authorized to award grants to community colleges to enter into and maintain partnerships with juvenile detention centers and secure juve- nile justice residential facilities to provide assistance, services, and education to eligible individuals who reenter the commu- nity and pursue, in accordance with the requirements of this section, at least one of the following: (A) A certificate of completion for a specialized area of study, such as career and technical training and other al- ternative postsecondary educational programs.
(B) An associate’s degree.

(2) GRANT PERIOD.—A grant awarded under this part shall be for one four-year period, and may be renewed for an addi- tional period as the Secretary determines to be appropriate.

(3) APPLICATION.—A community college desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require.

Such application shall include— September 8, 2023 As Amended Through P.L.
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892 HIGHER EDUCATION ACT OF 1965 910 (B) a detailed description of the program and activities the community college will carry out with such grant; and (C) a proposed budget describing how the community college will use the funds made available by such grant.
(4) PRIORITY.—In awarding grants under this part, the Secretary shall give priority to community colleges that pro- pose to serve the highest number of priority individuals, and, among such community colleges, shall give priority to commu- nity colleges that the Secretary determines will best carry out the purposes of this part, based on the applications submitted in accordance with paragraph (3).
(c) ALLOWABLE USES OF FUNDS.—A community college award- ed a grant under this part may use such grant to— (1) pay for tuition and transportation costs of eligible indi- viduals; (2) establish and carry out an education program that in- cludes classes for eligible individuals that— (A) provide marketable life and social skills to such in- dividuals; (B) meet the education program requirements under subsection (d), including as appropriate, courses necessary for the completion of a secondary school diploma or the recognized equivalent; (C) promote the civic engagement of such individuals; and (D) facilitate a smooth reentry of such individuals into the community; (3) create and carry out a mentoring program that is— (A) specifically designed to help eligible individuals with the potential challenges of the transitional period from detention to release; (B) created in consultation with guidance counselors, academic advisors, law enforcement officials, and other community resources; and (C) administered by a program coordinator, selected and employed by the community college, who shall oversee each individual’s development and shall serve as the im- mediate supervisor and reporting officer to whom the aca- demic advisors, guidance counselors, and volunteers shall report regarding the progress of each such individual; (4) facilitate employment opportunities for eligible individ- uals by entering into partnerships with public and private enti- ties to provide opportunities for internships, apprenticeships, and permanent employment, as possible, for such individuals; and (5) provide training for eligible individuals participating in the programs, to allow such individuals to assist community of- ficials and law enforcement agencies with the deterrence and prevention of gang and youth violence by participating in semi- nars and workshop series throughout the community.
(d) EDUCATION PROGRAM REQUIREMENTS.—An education pro- gram established and carried out under subsection (c) shall— (1) include classes that are required for completion of a certificate, diploma, or degree described in subparagraph (A) or September 8, 2023 As Amended Through P.L.
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892 (B) of subsection (b)(1), including as appropriate courses nec- essary for the completion of a secondary school diploma or the recognized equivalent; (2) provide a variety of academic programs, with various completion requirements, to accommodate the diverse academic backgrounds, learning styles, and academic and career inter- ests of the eligible individuals who participate in the education program; (3) offer flexible academic programs that are designed to improve the academic development and achievement of eligible individuals, and to avoid high attrition rates for such individ- uals; and (4) provide for a uniquely designed education plan for each eligible individual participating in the program, which shall re- quire such individual to receive, at a minimum, a certificate or degree described in subparagraph (A) or (B) of subsection (b)(1) to successfully complete such program.
(e) REPORTS.—Each community college awarded a grant under this part shall submit to the Secretary a report— (1) documenting the results of the program carried out with such grant; and (2) evaluating the effectiveness of activities carried out through such program.

(f) DEFINITIONS.—In this section: (1) COMMUNITY COLLEGE.—The term ‘‘community college’’ has the meaning given the term ‘‘junior or community college’’ in section 312(f).
(2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible individual’’ means an individual who— (A) is 16 to 25 years of age (inclusive); and (B)(i) has been convicted of a criminal offense; and (ii) is detained in, or has been released from, a juvenile de- tention center or secure juvenile justice residential facility.
(3) GANG-RELATED OFFENSE.— (A) IN GENERAL.—The term ‘‘gang-related offense’’ means an offense that involves the circumstances de- scribed in subparagraph (B) and that is— (i) a Federal or State felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C.
802)) for which the max- imum penalty is not less than five years; (ii) a Federal or State crime of violence that has as an element the use or attempted use of physical force against the person of another for which the max- imum penalty is not less than six months; or (iii) a conspiracy to commit an offense described in clause (i) or (ii).
(B) CIRCUMSTANCES.—The circumstances described in this subparagraph are that the offense described in sub- paragraph (A) was committed by a person who— (i) participates in a criminal street gang (as de- fined insection 521(a)of title 18, United States Code) with knowledge that such gang’s members engage in September 8, 2023 As Amended Through P.L.
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893 HIGHER EDUCATION ACT OF 1965 912 or have engaged in a continuing series of offenses de- scribed in subparagraph (A); and (ii) intends to promote or further the felonious ac- tivities of the criminal street gang or maintain or in- crease the person’s position in the gang.
(4) PRIORITY INDIVIDUAL.—The term ‘‘priority individual’’ means an individual who— (A) is an eligible individual; (B) has been convicted of a gang-related offense; and (C) has served or is serving a period of detention in a juvenile detention center or secure juvenile justice residen- tial facility for such offense.
(5) GUIDANCE COUNSELOR.—The term ‘‘guidance counselor’’ means an individual who works with at-risk youth on a one- on-one basis, to establish a supportive relationship with such at-risk youth and to provide such at-risk youth with academic assistance and exposure to new experiences that enhance their ability to become responsible citizens.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART X—SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT PROGRAM SEC.

893. ø20 U.S.C.

1161x¿ SCHOOL OF VETERINARY MEDICINE COM- PETITIVE GRANT PROGRAM.
(a) IN GENERAL.—From the amounts appropriated under sub- section (g), the Secretary of Health and Human Services shall award competitive grants to eligible entities for the purpose of im- proving public health preparedness through increasing the number of veterinarians in the workforce.
(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under subsection (a), an entity shall— (1) be— (A) a public or other nonprofit school of veterinary medicine that is accredited by a nationally recognized ac- crediting agency or association recognized by the Secretary of Education pursuant to part H of title IV; (B) a public or nonprofit, department of comparative medicine, department of veterinary science, school of pub- lic health, or school of medicine that is accredited by a na- tionally recognized accrediting agency or association recog- nized by the Secretary of Education pursuant to part H of title IV and that offers graduate training for veterinarians in a public health practice area as determined by the Sec- retary of Health and Human Services; or (C) a public or nonprofit entity that— (i) conducts recognized residency training pro- grams for veterinarians that are approved by a veteri- nary specialty organization that is recognized by the American Veterinary Medical Association; and September 8, 2023 As Amended Through P.L.
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893 (ii) offers postgraduate training for veterinarians in a public health practice area as determined by the Secretary of Health and Human Services; and (2) prepare and submit to the Secretary of Health and Human Services an application, at such time, in such manner, and containing such information as the Secretary of Health and Human Services may require.
(c) CONSIDERATION OF APPLICATIONS.—The Secretary of Health and Human Services shall establish procedures to ensure that ap- plications under subsection (b)(2) are rigorously reviewed and that grants are competitively awarded based on— (1) the ability of the applicant to increase the number of veterinarians who are trained in specified public health prac- tice areas as determined by the Secretary of Health and Human Services; (2) the ability of the applicant to increase capacity in re- search on high priority disease agents; or (3) any other consideration the Secretary of Health and Human Services determines necessary.
(d) PREFERENCE.—In awarding grants under subsection (a), the Secretary of Health and Human Services shall give preference to applicants that demonstrate a comprehensive approach by involv- ing more than one school of veterinary medicine, department of comparative medicine, department of veterinary science, school of public health, school of medicine, or residency training program that offers postgraduate training for veterinarians in a public health practice area as determined by the Secretary of Health and Human Services.
(e) USE OF FUNDS.—Amounts received under a grant under this section shall be used by a grantee to increase the number of veterinarians in the workforce through paying costs associated with the expansion of academic programs at schools of veterinary medi- cine, departments of comparative medicine, departments of veteri- nary science, or entities offering residency training programs, or academic programs that offer postgraduate training for veterinar- ians or concurrent training for veterinary students in specific areas of specialization, which costs may include minor renovation and im- provement in classrooms, libraries, and laboratories.
(f) DEFINITION OF PUBLIC HEALTH PRACTICE AREA.—In this section, the term ‘‘public health practice area’’ includes the areas of bioterrorism and emergency preparedness, environmental health, food safety and food security, regulatory medicine, diagnostic lab- oratory medicine, and biomedical research.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
Amounts appropriated under this subsection shall remain available until expended.

September 8, 2023 As Amended Through P.L.

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894 HIGHER EDUCATION ACT OF 1965 914 PART Y—EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM SEC.

894. ø20 U.S.C.
894. ø20 U.S.C.

1161y¿ EARLY FEDERAL PELL GRANT COMMIT- MENT DEMONSTRATION PROGRAM.
(a) DEMONSTRATION PROGRAM AUTHORITY.— (1) IN GENERAL.—The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Demonstration Pro- gram under which— (A) the Secretary awards grants to four State edu- cational agencies, in accordance with paragraph (2), to pay the administrative expenses incurred in participating in the demonstration program under this section; and (B) the Secretary awards Federal Pell Grants to par- ticipating students in accordance with this section and con- sistent with section 401.
(2) GRANTS.— (A) IN GENERAL.—From amounts appropriated under subsection (h) for a fiscal year, the Secretary is authorized to award grants to four State educational agencies to en- able the State educational agencies to pay the administra- tive expenses incurred in participating in the demonstra- tion program under this section by carrying out a dem- onstration project under which eighth grade students de- scribed in subsection (b)(1)(B) receive a commitment early in the students’ academic careers to receive a Federal Pell Grant.
(B) EQUAL AMOUNTS.—The Secretary shall award grants under this section in equal amounts to each of the four participating State educational agencies.
(b) DEMONSTRATION PROJECT REQUIREMENTS.—Each of the four demonstration projects assisted under this section shall meet the following requirements: (1) PARTICIPANTS.— (A) IN GENERAL.—The State educational agency shall make participation in the demonstration project available to two cohorts of students, which shall consist of— (i) one cohort of eighth grade students who begin participating in the first academic year for which funds have been appropriated to carry out this section; and (ii) one cohort of eighth grade students who begin participating in the academic year succeeding the aca- demic year described in clause (i).
(B) STUDENTS IN EACH COHORT.—Each cohort of stu- dents shall consist of not more than 10,000 eighth grade students who qualify for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act (42 U.S.C.

1751 et seq.)

or the Child Nutrition Act of 1966 (42 U.S.C.

1771 et seq.).
1771 et seq.).

(2) STUDENT DATA.—The State educational agency shall ensure that student data from local educational agencies serv- ing students who participate in the demonstration project, as well as student data from local educational agencies serving a September 8, 2023 As Amended Through P.L.
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894 comparable group of students who do not participate in the demonstration project, are available for evaluation of the dem- onstration project, and are made available in accordance with the requirements of section 444 of the General Education Pro- visions Act (commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’).
(3) FEDERAL PELL GRANT COMMITMENT.—Each student who participates in the demonstration project receives a commit- ment from the Secretary to receive a Federal Pell Grant during the first academic year that the student is in attendance at an institution of higher education as an undergraduate, provided that the student applies for Federal financial aid (via the FAFSA or EZ FAFSA) for such academic year.
(4) APPLICATION PROCESS.—Each State educational agency shall establish an application process to select local educational agencies within the State to participate in the demonstration project in accordance with subsection (d)(2).
(5) LOCAL EDUCATIONAL AGENCY PARTICIPATION.—Subject to the 10,000 statewide student limitation described in para- graph (1), a local educational agency serving students, not less than 50 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act (42 U.S.C.

1751 et seq.)

or the Child Nutrition Act of 1966 (42 U.S.C.

1771 et seq.

), shall be eligible to participate in the demonstration project.
(c) STATE EDUCATIONAL AGENCY APPLICATIONS.— (1) IN GENERAL.—Each State educational agency desiring to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
(2) CONTENTS.—Each application shall include— (A) a description of the proposed targeted information campaign for the demonstration project and a copy of the plan described in subsection (f)(2); (B) a description of the student population that will re- ceive an early commitment to receive a Federal Pell Grant under this section; (C) an assurance that the State educational agency will fully cooperate with the ongoing evaluation of the demonstration project; and (D) such other information as the Secretary may re- quire.
(d) SELECTION CONSIDERATIONS.— (1) SELECTION OF STATE EDUCATIONAL AGENCIES.—In se- lecting State educational agencies to participate in the dem- onstration program under this section, the Secretary shall con- sider— (A) the number and quality of State educational agen- cy applications received; (B) a State educational agency’s— (i) financial responsibility; (ii) administrative capability; (iii) commitment to focusing resources, in addition to any resources provided on students who receive as- September 8, 2023 As Amended Through P.L.
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894 HIGHER EDUCATION ACT OF 1965 916 sistance under part A of title I of the Elementary and Secondary Education Act of 1965; (iv) ability and plans to run an effective and thor- ough targeted information campaign for students served by local educational agencies eligible to partici- pate in the demonstration project; and (v) ability to ensure the participation in the dem- onstration project of a diverse group of students, in- cluding with respect to ethnicity and gender.
(2) LOCAL EDUCATIONAL AGENCY.—In selecting local edu- cational agencies to participate in a demonstration project under this section, the State educational agency shall con- sider— (A) the number and quality of local educational agency applications received; (B) a local educational agency’s— (i) financial responsibility; (ii) administrative capability; (iii) commitment to focusing resources on students who receive assistance under part A of title I of the El- ementary and Secondary Education Act of 1965; (iv) ability and plans to run an effective and thor- ough targeted information campaign for students served by the local educational agency; and (v) ability to ensure the participation in the dem- onstration project of a diverse group of students.
(e) EVALUATION.— (1) IN GENERAL.—From amounts appropriated under sub- section (h) for a fiscal year, the Secretary shall reserve not more than $1,000,000 to award a grant or contract to an orga- nization outside the Department for an independent evaluation of the impact of the demonstration program assisted under this section.

(2) COMPETITIVE BASIS.—The grant or contract shall be awarded on a competitive basis.
(3) MATTERS EVALUATED.—The evaluation described in this subsection shall— (A) determine the number of students who were en- couraged by the demonstration program to pursue higher education; (B) identify the barriers to the effectiveness of the demonstration program; (C) assess the cost-effectiveness of the demonstration program in improving access to higher education; (D) identify the reasons why participants in the dem- onstration program either received or did not receive a Federal Pell Grant; (E) identify intermediate outcomes related to postsec- ondary education attendance, such as whether partici- pants— (i) were more likely to take a college-preparatory curriculum while in secondary school; (ii) submitted any applications to institutions of higher education; and September 8, 2023 As Amended Through P.L.
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894 (iii) took the PSAT, SAT, or ACT; (F) identify the number of students participating in the demonstration program who pursued an associate’s de- gree or a bachelor’s degree, or other postsecondary edu- cation; (G) compare the findings of the demonstration pro- gram with respect to participants to comparison groups (of similar size and demographics) that did not participate in the demonstration program; and (H) identify the impact of the demonstration program on the parents of students eligible to participate in the program.
(4) DISSEMINATION.—The findings of the evaluation shall be reported to the Secretary, who shall widely disseminate the findings to the public.

(f) TARGETED INFORMATION CAMPAIGN.— (1) IN GENERAL.—Each State educational agency receiving a grant under this section shall, in cooperation with the par- ticipating local educational agencies within the State and the Secretary, develop a targeted information campaign for the demonstration project assisted under this section.
(2) PLAN.—Each State educational agency receiving a grant under this section shall include in the application sub- mitted under subsection (c) a written plan for the State edu- cational agency proposed targeted information campaign.

The plan shall include the following: (A) OUTREACH.—A description of the outreach to stu- dents and the students’ families at the beginning and end of each academic year of the demonstration project, at a minimum.
(B) DISTRIBUTION.—A description of how the State educational agency plans to provide the outreach described in subparagraph (A) and to provide the information de- scribed in subparagraph (C).
(C) INFORMATION.—The annual provision by the State educational agency to all students and families partici- pating in the demonstration project of information regard- ing— (i) the estimated statewide average cost of attend- ance for an institution of higher education for each academic year, which cost data shall be disaggregated by— (I) type of institution, including— (aa) two-year public degree-granting insti- tutions of higher education; (bb) four-year public degree-granting in- stitutions of higher education; and (cc) four-year private degree-granting in- stitutions of higher education; (II) component, including— (aa) tuition and fees; and (bb) room and board; (ii) Federal Pell Grants, including— September 8, 2023 As Amended Through P.L.
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895 HIGHER EDUCATION ACT OF 1965 918 (I) the Federal Pell Grant amount, deter- mined under section 401(b)(2)(A), for which a stu- dent may be eligible for each award year; (II) when and how to apply for a Federal Pell Grant; and (III) what the application process for a Fed- eral Pell Grant requires; (iii) State-specific postsecondary education savings programs; (iv) State merit-based financial aid; (v) State need-based financial aid; and (vi) Federal financial aid available to students, in- cluding eligibility criteria for such aid and an expla- nation of the Federal financial aid programs under title IV, such as the Student Guide published by the Department (or any successor to such document).
(3) COHORTS.—The information described in paragraph (2)(C) shall be provided annually to the two successive cohorts of students described in subsection (b)(1)(A) for the duration of the students’ participation in the demonstration project.

(4) RESERVATION.—Each State educational agency receiv- ing a grant under this section shall reserve not more than 15 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this sub- section.
(g) SUPPLEMENT, NOT SUPPLANT.—A State educational agency shall use grant funds received under this section only to supple- ment the funds that would, in the absence of such grant funds, be made available from non-Federal sources for students participating in the demonstration project under this section, and not to sup- plant such funds.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART Z—HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES SEC.

895. ø20 U.S.C.

1161z¿ HENRY KUUALOHA GIUGNI KUPUNA MEMO- RIAL ARCHIVES.
(a) GRANTS AUTHORIZED.—From the amounts appropriated under subsection (c), the Secretary is authorized to award a grant to the University of Hawaii Academy for Creative Media for the es- tablishment, maintenance, and periodic modernization of the Henry Kuualoha Giugni Kupuna Memorial Archives at the University of Hawaii.
(b) USE OF FUNDS.—The Henry Kuualoha Giugni Kupuna Me- morial Archives shall use the grant funds received under this sec- tion— (1) to facilitate the acquisition of a secure web-accessible repository of Native Hawaiian historical data rich in ethnic and cultural significance to the United States for preservation and access by future generations; September 8, 2023 As Amended Through P.L.
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898 (2) to award scholarships to facilitate access to postsec- ondary education for students who cannot afford such edu- cation; (3) to support programmatic efforts associated with the web-based media projects of the archives; (4) to create educational materials, from the contents of the archives, that are applicable to a broad range of indigenous students, such as Native Hawaiians, Alaskan Natives, and Na- tive American Indians; (5) to develop outreach initiatives that introduce the archi- val collections to elementary schools and secondary schools; (6) to develop supplemental web-based resources that de- fine terms and cultural practices innate to Native Hawaiians; (7) to rent, lease, purchase, maintain, or repair educational facilities to house the archival collections; (8) to rent, lease, purchase, maintain, or repair computer equipment for use by elementary schools and secondary schools in accessing the archival collections; (9) to provide preservice and in-service teacher training to develop a core group of kindergarten through grade 12 teach- ers who are able to provide instruction in a way that is rel- evant to the unique background of indigenous students, such as Native Hawaiians, Alaskan Natives, and Native American Indians, in order to— (A) facilitate greater understanding by teachers of the unique background of indigenous students; and (B) improve student achievement; and (10) to increase the economic and financial literacy of post- secondary education students through the dissemination of best practices used at other institutions of higher education re- garding debt and credit management and economic decision- making.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

PART AA—MASTERS AND POSTBACCALAUREATE PROGRAMS SEC.

897. ø20 U.S.C.

1161aa¿ MASTERS DEGREE PROGRAMS.
In addition to any amounts appropriated under section 725, there are authorized to be appropriated, and there are appro- priated, out of any funds in the Treasury not otherwise appro- priated, $11,500,000 for fiscal year 2009 and for each of the five succeeding fiscal years to carry out subpart 4 of part A of title VII in order to provide grants under sections 723 and 724, in the min- imum amount authorized under such sections, to all institutions el- igible for grants under such sections.

SEC.
SEC.

898. ø20 U.S.C.

1161aa–1¿ POSTBACCALAUREATE PROGRAMS.

In addition to any amounts appropriated under part B of title V, there are authorized to be appropriated, and there are appro- priated, out of any funds in the Treasury not otherwise appro- September 8, 2023 As Amended Through P.L.

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898 HIGHER EDUCATION ACT OF 1965 920 priated, $11,500,000 for fiscal year 2009 and for each of the five succeeding fiscal years to carry out part B of title V. September 8, 2023 As Amended Through P.L.

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