" ! HOUSE OF REPRESENTATIVES 110TH CONGRESS

2d Session 

REPORT

110–803 

HIGHER EDUCATION OPPORTUNITY ACT 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 4137 

JULY 30, 2008.—Ordered to be printed 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

43–795 

" ! HOUSE OF REPRESENTATIVES 110TH CONGRESS

2d Session 

REPORT

2008

110–803 

HIGHER EDUCATION OPPORTUNITY ACT 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 4137 

JULY 30, 2008.—Ordered to be printed 


jbell on PROD1PC69 with REPORTSE:\Seals\Congress.#13
HIGHER EDUCATION OPPORTUNITY ACT 


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43–795 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–803 

HIGHER EDUCATION OPPORTUNITY ACT 

JULY 30, 2008.—Ordered to be printed 

Mr. GEORGE MILLER of California, from the committee of 

conference, submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 4137] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 

4137), to amend and extend the Higher Education Act of 1965, and 

for other purposes, having met, after full and free conference, have 

agreed to recommend and do recommend to their respective Houses 

as follows: 

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Higher Education Opportunity Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is 

as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

Sec. 3. General effective date. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. General definition of institution of higher education. 

Sec. 102. Definition of institution of higher education for purposes of title IV programs. 

Sec. 103. Additional definitions. 

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

Sec. 105. Treatment of territories and territorial student assistance. 

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

Sec. 107. Drug and alcohol abuse prevention. 

Sec. 108. Prior rights and obligations. 

Sec. 109. Diploma mills. 


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Sec. 110. Improved information concerning the Federal student financial aid 

website. 

Sec. 111. Transparency in college tuition for consumers. 

Sec. 112. Textbook information. 

Sec. 113. Database of student information prohibited. 

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

children. 

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

Sec. 116. State commitment to affordable college education. 

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

Sec. 118. Procurement flexibility. 

Sec. 119. Certification regarding the use of certain Federal funds. 

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

TITLE II—TEACHER QUALITY ENHANCEMENT 

Sec. 201. Teacher quality enhancement. 

TITLE III—INSTITUTIONAL AID 

Sec. 301. Program purpose. 

Sec. 302. Definitions; eligibility. 

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

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

Sec. 305. Predominantly Black Institutions. 

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

Sec. 307. Assistance to Asian American and Native American Pacific Islander-serving institutions. 

Sec. 308. Part B definitions. 

Sec. 309. Grants to institutions. 

Sec. 310. Allotments. 

Sec. 311. Professional or graduate institutions. 

Sec. 312. Unexpended funds. 

Sec. 313. Endowment Challenge Grants. 

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

Sec. 315. Programs in STEM fields. 

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

Sec. 317. Technical assistance. 

Sec. 318. Waiver authority. 

Sec. 319. Authorization of appropriations. 

Sec. 320. Technical corrections. 

TITLE IV—STUDENT ASSISTANCE 

PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER

EDUCATION

Sec. 401. Federal Pell Grants. 

Sec. 402. Academic competitiveness grants. 

Sec. 403. Federal TRIO Programs. 

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

Sec. 405. Academic Achievement Incentive Scholarships. 

Sec. 406. Federal Supplemental Educational Opportunity Grants. 

Sec. 407. Leveraging Educational Assistance Partnership program. 

Sec. 408. Special programs for students whose families are engaged in migrant and 

seasonal farmwork. 

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

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

Sec. 411. Learning Anytime Anywhere Partnerships. 

Sec. 412. TEACH Grants. 

PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM

Sec. 421. Limitations on amounts of loans covered by Federal insurance. 

Sec. 422. Federal payments to reduce student interest costs. 

Sec. 423. Voluntary flexible agreements. 

Sec. 424. Federal PLUS loans. 

Sec. 425. Federal consolidation loans. 

Sec. 426. Default reduction program. 

Sec. 427. Requirements for disbursement of student loans. 


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Sec. 428. Unsubsidized Stafford loan limits. 

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

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

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

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

Sec. 433. Legal powers and responsibilities. 

Sec. 434. Student loan information by eligible lenders. 

Sec. 435. Consumer education information. 

Sec. 436. Definitions of eligible institution and eligible lender. 

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

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

PART C—FEDERAL WORK-STUDY PROGRAMS

Sec. 441. Authorization of appropriations. 

Sec. 442. Allowance for books and supplies. 

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

Sec. 444. Flexible use of funds. 

Sec. 445. Job location and development programs. 

Sec. 446. Additional funds for off-campus community service. 

Sec. 447. Work colleges. 

PART D—FEDERAL DIRECT STUDENT LOAN

Sec. 451. Terms and conditions of loans. 

Sec. 452. Funds for administrative expenses. 

Sec. 453. Guaranty agency responsibilities and payments; reports and cost estimates. 

Sec. 454. Loan cancellation for teachers. 

PART E—FEDERAL PERKINS LOANS

Sec. 461. Extension of authority. 

Sec. 462. Allowance for books and supplies. 

Sec. 463. Agreements with institutions. 

Sec. 464. Perkins loan terms and conditions. 

Sec. 465. Cancellation for public service. 

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

PART F—NEED ANALYSIS

Sec. 471. Cost of attendance. 

Sec. 472. Discretion to make adjustments. 

Sec. 473. Definitions. 

PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

Sec. 481. Definitions. 

Sec. 482. Master calendar. 

Sec. 483. Improvements to paper and electronic forms and processes. 

Sec. 484. Model institution financial aid offer form. 

Sec. 485. Student eligibility. 

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

Sec. 487. Readmission requirements for servicemembers. 

Sec. 488. Institutional and financial assistance information for students. 

Sec. 489. National Student Loan Data System. 

Sec. 490. Early awareness of financial aid eligibility. 

Sec. 491. Distance Education Demonstration Programs. 

Sec. 492. Articulation agreements. 

Sec. 493. Program participation agreements. 

Sec. 494. Regulatory relief and improvement. 

Sec. 494A. Transfer of allotments. 

Sec. 494B. Purpose of administrative payments. 

Sec. 494C. Advisory Committee on Student Financial Assistance. 

Sec. 494D. Regional meetings and negotiated rulemaking. 

Sec. 494E. Year 2000 requirements at the Department. 

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

PART H—PROGRAM INTEGRITY

Sec. 495. Recognition of accrediting agency or association. 

Sec. 496. Eligibility and certification procedures. 


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Sec. 497. Program review and data. 

Sec. 498. Review of regulations. 

PART I—COMPETITIVE LOAN AUCTION PILOT PROGRAM

Sec. 499. Competitive loan auction pilot program evaluation. 

TITLE V—DEVELOPING INSTITUTIONS 

Sec. 501. Authorized activities. 

Sec. 502. Postbaccalaureate opportunities for Hispanic Americans. 

Sec. 503. Applications. 

Sec. 504. Cooperative arrangements. 

Sec. 505. Authorization of appropriations. 

TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 

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

Sec. 602. Graduate and Undergraduate Language and Area Centers and Programs. 

Sec. 603. Language Resource Centers. 

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

Sec. 605. Research; studies. 

Sec. 606. Technological innovation and cooperation for foreign information access. 

Sec. 607. Selection of certain grant recipients. 

Sec. 608. American overseas research centers. 

Sec. 609. Authorization of appropriations for international and foreign language 

studies. 

Sec. 610. Conforming amendments. 

Sec. 611. Business and international education programs. 

Sec. 612. Minority foreign service professional development program. 

Sec. 613. Institutional development. 

Sec. 614. Study abroad program. 

Sec. 615. Advanced degree in international relations. 

Sec. 616. Internships. 

Sec. 617. Financial assistance. 

Sec. 618. Report. 

Sec. 619. Gifts and donations. 

Sec. 620. Authorization of appropriations for the Institute for International Public 

Policy. 

Sec. 621. Definitions. 

Sec. 622. New provisions. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS 

Sec. 701. Purpose. 

Sec. 702. Jacob K. Javits Fellowship program. 

Sec. 703. Graduate assistance in areas of national need. 

Sec. 704. Thurgood Marshall Legal educational opportunity program. 

Sec. 705. Sense of Congress. 

Sec. 706. Masters degree programs at historically Black colleges and universities 

and Predominantly Black Institutions. 

Sec. 707. Fund for the improvement of postsecondary education. 

Sec. 708. Repeal of the urban community service program. 

Sec. 709. Programs to provide students with disabilities with a quality higher education. 

Sec. 710. Subgrants to nonprofit organizations. 

TITLE VIII—ADDITIONAL PROGRAMS 

Sec. 801. Additional programs. 

Sec. 802. National Center for Research in Advanced Information and Digital Technologies. 

Sec. 803. Establishment of pilot program for course material rental. 

TITLE IX—AMENDMENTS TO OTHER LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 1986 

Sec. 901. Laurent Clerc National Deaf Education Center. 

Sec. 902. Agreement with Gallaudet University. 

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

Sec. 904. Cultural experiences grants. 

Sec. 905. Audit. 

Sec. 906. Reports. 


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Sec. 907. Monitoring, evaluation, and reporting. 

Sec. 908. Liaison for educational programs. 

Sec. 909. Federal endowment programs for Gallaudet University and the National 

Technical Institute for the Deaf. 

Sec. 910. Oversight and effect of agreements. 

Sec. 911. International students. 

Sec. 912. Research priorities. 

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

Sec. 914. Authorization of appropriations. 

PART B—UNITED STATES INSTITUTE OF PEACE ACT

Sec. 921. United States Institute of Peace Act. 

PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER EDUCATION

AMENDMENTS OF 1992 

Sec. 931. Repeals. 

Sec. 932. Grants to States for workplace and community transition training for incarcerated individuals. 

Sec. 933. Underground Railroad Educational and Cultural Program. 

Sec. 934. Olympic Scholarships. 

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

PART D—TRIBAL COLLEGE AND UNIVERSITIES; NAVAJO HIGHER EDUCATION

SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES

Sec. 941. Reauthorization of the Tribally Controlled College or University Assistance 

Act of 1978. 

SUBPART 2—NAVAJO HIGHER EDUCATION

Sec. 945. Short title. 

Sec. 946. Reauthorization of Navajo Community College Act. 

PART E—OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 

Sec. 951. Short title. 

Sec. 952. Loan repayment for prosecutors and defenders. 

PART F—INSTITUTIONAL LOAN REPAYMENT ASSISTANCE PROGRAMS

Sec. 961. Institutional loan forgiveness programs. 

PART G—MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY

OPPORTUNITY PROGRAM

Sec. 971. Minority Serving Institution Digital and Wireless Technology Opportunity 

Program. 

Sec. 972. Authorization of appropriations. 

TITLE X—PRIVATE STUDENT LOAN IMPROVEMENT 

Sec. 1001. Short title. 

Sec. 1002. Regulations. 

Sec. 1003. Effective dates. 

Subtitle A—Preventing Unfair and Deceptive Private Educational Lending Practices 

and Eliminating Conflicts of Interest 

Sec. 1011. Amendment to the Truth in Lending Act. 

Sec. 1012. Civil liability. 

Sec. 1013. Clerical amendment. 

Subtitle B—Improved Disclosures for Private Education Loans 

Sec. 1021. Private education loan disclosures and limitations. 

Sec. 1022. Application of Truth in Lending Act to all private education loans. 

Subtitle C—College Affordability 

Sec. 1031. Community Reinvestment Act credit for low-cost loans. 

Subtitle D—Financial Literacy; Studies and Reports 

Sec. 1041. Definitions. 

Sec. 1042. Coordinated education efforts. 


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TITLE XI—STUDIES AND REPORTS 

Sec. 1101. Study on foreign graduate medical schools. 

Sec. 1102. Employment of postsecondary education graduates. 

Sec. 1103. Study on IPEDS. 

Sec. 1104. Report and study on articulation agreements. 

Sec. 1105. Report on proprietary institutions of higher education. 

Sec. 1106. Analysis of Federal regulations on institutions of higher education. 

Sec. 1107. Independent evaluation of distance education programs. 

Sec. 1108. Review of costs and benefits of environmental, health, and safety standards. 

Sec. 1109. Study of minority male academic achievement. 

Sec. 1110. Study on bias in standardized tests. 

Sec. 1111. Endowment report. 

Sec. 1112. Study of correctional postsecondary education. 

Sec. 1113. Study of aid to less-than-half-time students. 

Sec. 1114. Study on regional sensitivity in the needs analysis formula. 

Sec. 1115. Study of the impact of student loan debt on public service. 

Sec. 1116. Study on teaching students with reading disabilities. 

Sec. 1117. Report on income contingent repayment through the income tax withholding system. 

Sec. 1118. Developing additional measures of degree completion. 

Sec. 1119. Study on the financial and compliance audits of the Federal student loan 

program. 

Sec. 1120. Summit on sustainability. 

Sec. 1121. Nursing school capacity. 

Sec. 1122. Study and report on nonindividual information. 

Sec. 1123. Feasibility study for student loan clearinghouse. 

Sec. 1124. Study on Department of Education oversight of incentive compensation 

ban. 

Sec. 1125. Definition of authorizing committees. 

SEC. 2. REFERENCES. 

Except as otherwise expressly provided, whenever in this Act an 

amendment or repeal is expressed in terms of an amendment to, or 

repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 

SEC. 3. GENERAL EFFECTIVE DATE. 

Except as otherwise provided in this Act or the amendments 

made by this Act, this Act and the amendments made by this Act 

shall take effect on the date of enactment of this Act. 

TITLE I—GENERAL PROVISIONS 

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

(a) AMENDMENTS.—Section 101 (20 U.S.C. 1001) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by inserting before the semicolon 

the following: ‘‘, or persons who meet the requirements of 

section 484(d)(3)’’; and 

(B) in paragraph (3), by inserting ‘‘, or awards a degree 

that is acceptable for admission to a graduate or professional degree program, subject to review and approval by 

the Secretary’’ after ‘‘such a degree’’; and 

(2) by striking paragraph (2) of subsection (b) and inserting 

the following: 

‘‘(2) a public or nonprofit private educational institution in 

any State that, in lieu of the requirement in subsection (a)(1), 

admits as regular students individuals—


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‘‘(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or ‘‘(B) who will be dually or concurrently enrolled in the 

institution and a secondary school.’’. (b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on July 1, 2010. 

SEC. 102. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR 

PURPOSES OF TITLE IV PROGRAMS. 

(a) INTERNATIONAL MEDICAL SCHOOLS AND NURSING

SCHOOLS.—Section 102(a)(2) (20 U.S.C. 1002(a)(2)) is amended— (1) in subparagraph (A)— (A) in the first sentence of the matter preceding clause 

(i), by inserting ‘‘nursing school,’’ after ‘‘graduate medical 

school,’’; 

(B) in clause (i)— (i) in the matter preceding subclause (I), by inserting ‘‘except as provided in subparagraph (B)(iii)(IV),’’ before ‘‘in the case’’; and 

(ii) by striking subclause (II) and inserting the following new subclause: ‘‘(II) the institution—

‘‘(aa) has or had a clinical training program that was approved by a State as of January 1, 1992; and 

‘‘(bb) continues to operate a clinical training program in at least one State that is approved by that State;’’; 

(C) in clause (ii), by striking the period at the end and 

inserting ‘‘; or’’; and 

(D) by adding at the end the following: 

‘‘(iii) in the case of a nursing school located outside 

of the United States—

‘‘(I) the nursing school has an agreement with 

a hospital, or accredited school of nursing (as such 

terms are defined in section 801 of the Public 

Health Service Act (42 U.S.C. 296)), located in the 

United States that requires the students of the 

nursing school to complete the students’ clinical 

training at such hospital or accredited school of 

nursing; ‘‘(II) the nursing school has an agreement with 

an accredited school of nursing located in the 

United States providing that the students graduating from the nursing school located outside of 

the United States also receive a degree from the accredited school of nursing located in the United 

States; ‘‘(III) the nursing school certifies only Federal 

Stafford Loans under section 428, unsubsidized 

Federal Stafford Loans under section 428H, or 

Federal PLUS loans under section 428B for students attending the institution; ‘‘(IV) the nursing school reimburses the Secretary for the cost of any loan defaults for current 

and former students included in the calculation of 


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the institution’s cohort default rate during the previous fiscal year; and ‘‘(V) not less than 75 percent of the individuals 

who were students or graduates of the nursing 

school, and who took the National Council Licensure Examination for Registered Nurses in the 

year preceding the year for which the institution is 

certifying a Federal Stafford Loan under section 

428, an unsubsidized Federal Stafford Loan under 

section 428H, or a Federal PLUS loan under section 428B, received a passing score on such examination.’’; and 

(2) in subparagraph (B), by adding at the end the following: ‘‘(iii) REPORT.—

‘‘(I) IN GENERAL.—Not later than 1 year after 

the date of enactment of the Higher Education Opportunity Act, the advisory panel described in 

clause (i) shall submit a report to the Secretary 

and to the authorizing committees recommending 

eligibility criteria for participation in the loan programs under part B of title IV for graduate medical schools that—

‘‘(aa) are located outside of the United 

States; 

‘‘(bb) do not meet the requirements of subparagraph (A)(i); and 

‘‘(cc) have a clinical training program approved by a State prior to January 1, 2008. 

‘‘(II) RECOMMENDATIONS.—In the report described in subclause (I), the advisory panel’s eligibility criteria shall include recommendations regarding the appropriate levels of performance for 

graduate medical schools described in such subclause in the following areas: ‘‘(aa) Entrance requirements. 

‘‘(bb) Retention and graduation rates. 

‘‘(cc) Successful placement of students in 

United States medical residency programs. ‘‘(dd) Passage rate of students on the 

United States Medical Licensing Examination. ‘‘(ee) The extent to which State medical 

boards have assessed the quality of such 

school’s program of instruction, including 

through on-site reviews. ‘‘(ff) The extent to which graduates of such 

schools would be unable to practice medicine 

in 1 or more States, based on the judgment of 

a State medical board. ‘‘(gg) Any areas recommended by the 

Comptroller General of the United States 

under section 1101 of the Higher Education 

Opportunity Act. 

‘‘(hh) Any additional areas the Secretary 

may require. 


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‘‘(III) MINIMUM ELIGIBILITY REQUIREMENT.—In 

the recommendations described in subclause (II), 

the criteria described in subparagraph (A)(i)(I)(bb), 

as amended by section 102(b) of the Higher Education Opportunity Act, shall be a minimum eligibility requirement for a graduate medical school 

described in subclause (I) to participate in the loan 

programs under part B of title IV. 

‘‘(IV) AUTHORITY.—The Secretary may—

‘‘(aa) not earlier than 180 days after the 

submission of the report described in subclause (I), issue proposed regulations establishing criteria for the eligibility of graduate 

medical schools described in such subclause to 

participate in the loan programs under part B 

of title IV based on the recommendations of 

such report; and 

‘‘(bb) not earlier than one year after the 

issuance of proposed regulations under item 

(aa), issue final regulations establishing such 

criteria for eligibility.’’. 

(b) PERCENTAGE PASS RATE.—Section 102(a)(2)(A)(i)(I)(bb) (20 

U.S.C. 1002(a)(2)(A)(i)(I)(bb)) is amended by striking ‘‘60’’ and inserting ‘‘75’’. 

(c) CONFORMING AMENDMENT CONCERNING 90/10 ENFORCEMENT.—Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended—

(1) in subparagraph (D), by adding ‘‘and’’ after the semicolon; 

(2) in subparagraph (E), by striking ‘‘; and’’ and inserting 

a period; and 

(3) by striking subparagraph (F). 

(d) ADDITIONAL INSTITUTIONS.—

(1) AMENDMENT.—Section 102 (20 U.S.C. 1002) is further 

amended—

(A) in subsection (b)—

(i) by striking paragraph (1)(A) and inserting the 

following: 

‘‘(A)(i) provides an eligible program of training to prepare students for gainful employment in a recognized occupation; or 

‘‘(ii)(I) provides a program leading to a baccalaureate 

degree in liberal arts, and has provided such a program 

since January 1, 2009; and 

‘‘(II) is accredited by a recognized regional accrediting 

agency or association, and has continuously held such accreditation since October 1, 2007, or earlier;’’; and 

(ii) by striking paragraph (2) and inserting the following: 

‘‘(2) ADDITIONAL INSTITUTIONS.—The term ‘proprietary institution of higher education’ also includes a proprietary educational institution in any State that, in lieu of the requirement 

in section 101(a)(1), admits as regular students individuals—

‘‘(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or 


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‘‘(B) who will be dually or concurrently enrolled in the 

institution and a secondary school.’’; and 

(B) by striking paragraph (2) of subsection (c) and inserting the following: 

‘‘(2) ADDITIONAL INSTITUTIONS.—The term ‘postsecondary 

vocational institution’ also includes an educational institution 

in any State that, in lieu of the requirement in section 101(a)(1), 

admits as regular students individuals— ‘‘(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or ‘‘(B) who will be dually or concurrently enrolled in the 

institution and a secondary school.’’. (2) RULE OF CONSTRUCTION.—Nothing in the amendment 

made by paragraph (1)(A)(i) to section 102(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)) shall be construed to negate or supercede any State laws governing proprietary institutions of higher education. 

(e) EFFECTIVE DATE.—The amendments made by subsections 

(a)(1), (b), and (d) shall take effect on July 1, 2010. 

SEC. 103. ADDITIONAL DEFINITIONS. 

(a) ADDITIONAL DEFINITIONS.— (1) AMENDMENT.—Section 103 (20 U.S.C. 1003) is amended 

by adding at the end the following: ‘‘(17) AUTHORIZING COMMITTEES.—The term ‘authorizing 

committees’ means the Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on Education 

and Labor of the House of Representatives. ‘‘(18) CRITICAL FOREIGN LANGUAGE.—Except as otherwise 

provided, the term ‘critical foreign language’ means each of the 

languages contained in the list of critical languages designated 

by the Secretary in the Federal Register on August 2, 1985 (50 

Fed. Reg. 31412; promulgated under the authority of section 

212(d) of the Education for Economic Security Act (repealed by 

section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 

1988)), as updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title 

and the national security, economic competitiveness, and educational needs of the United States. ‘‘(19) DISTANCE EDUCATION.—

‘‘(A) IN GENERAL.—Except as otherwise provided, the 

term ‘distance education’ means education that uses one or 

more of the technologies described in subparagraph (B)—

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

‘‘(ii) to support regular and substantive interaction 

between the students and the instructor, synchronously 

or asynchronously. 

‘‘(B) INCLUSIONS.—For the purposes of subparagraph 

(A), the technologies used may include—

‘‘(i) the Internet; 

‘‘(ii) one-way and two-way transmissions through 

open broadcast, closed circuit, cable, microwave, 


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broadband lines, fiber optics, satellite, or wireless communications devices; ‘‘(iii) audio conferencing; or 

‘‘(iv) video cassettes, DVDs, and CD–ROMs, if the 

cassettes, DVDs, or CD–ROMs are used in a course in 

conjunction with any of the technologies listed in 

clauses (i) through (iii). ‘‘(20) DIPLOMA MILL.—The term ‘diploma mill’ means an 

entity that—

‘‘(A)(i) offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the general public 

that the individual possessing such a degree, diploma, or 

certificate has completed a program of postsecondary education or training; and ‘‘(ii) requires such individual to complete little or no 

education or coursework to obtain such degree, diploma, or 

certificate; and ‘‘(B) lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of institutions of higher education (as such term 

is defined in section 102) by— ‘‘(i) the Secretary pursuant to subpart 2 of part H 

of title IV; or ‘‘(ii) a Federal agency, State government, or other 

organization or association that recognizes accrediting 

agencies or associations. ‘‘(21) EARLY CHILDHOOD EDUCATION PROGRAM.—The term ‘early childhood education program’ means— ‘‘(A) a Head Start program or an Early Head Start 

program carried out under the Head Start Act (42 U.S.C. 

9831 et seq.), including a migrant or seasonal Head Start 

program, an Indian Head Start program, or a Head Start 

program or an Early Head Start program that also receives 

State funding; 

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

or 

‘‘(C) a program that—

‘‘(i) serves children from birth through age six that 

addresses the children’s cognitive (including language, 

early literacy, and early mathematics), social, emotional, and physical development; and 

‘‘(ii) is—

‘‘(I) a State prekindergarten program; 

‘‘(II) a program authorized under section 619 

or part C of the Individuals with Disabilities Education Act; or 

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

‘‘(22) POVERTY LINE.—The term ‘poverty line’ means the 

poverty line (as defined in section 673(2) of the Community 

Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 

family of the size involved. ‘‘(23) UNIVERSAL DESIGN.—The term ‘universal design’ has 

the meaning given the term in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002). 


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

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

‘‘(B) reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and 

maintains high achievement expectations for all students, 

including students with disabilities and students who are 

limited English proficient.’’. 

(2) REDESIGNATION AND REORDERING OF DEFINITIONS.—

Section 103 (as amended by paragraph (1)) (20 U.S.C. 1003) is 

further amended by reordering paragraphs (1) through (16) and 

the paragraphs added by paragraph (1) of this subsection in alphabetical order based on the headings of such paragraphs, 

and renumbering such paragraphs as so reordered. 

(b) CONFORMING AMENDMENTS.—The Act (20 U.S.C. 1001 et 

seq.) is amended—

(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by 

striking ‘‘Committee on Labor and Human Resources of the 

Senate and the Committee on Education and the Workforce of 

the House of Representatives’’ and inserting ‘‘authorizing committees’’; 

(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by 

striking ‘‘Committee on Education and the Workforce of the 

House of Representatives and the Committee on Labor and 

Human Resources of the Senate’’ and inserting ‘‘authorizing 

committees’’; 

(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by striking 

‘‘to the Committee on Appropriations’’ and all that follows 

through ‘‘House of Representatives’’ and inserting ‘‘to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the authorizing committees’’; 

(4) in section 428 (20 U.S.C. 1078)—

(A) in subsection (c)(9)(K), by striking ‘‘House Committee on Education and the Workforce and the Senate 

Committee on Labor and Human Resources’’ and inserting 

‘‘authorizing committees’’; 

(B) in the matter following paragraph (2) of subsection 

(g), by striking ‘‘Committee on Labor and Human Resources 

of the Senate and the Committee on Education and the 

Workforce of the House of Representatives’’ and inserting 

‘‘authorizing committees’’; 

(C) in subsection (j)(9)(A) (as added by section 5(a) of 

the Ensuring Continued Access to Student Loans Act of 

2008), by striking ‘‘Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives’’ each 

place the term appears and inserting ‘‘authorizing committees’’; and 

(D) in subsection (n)(4), by striking ‘‘Committee on 

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tives and the Committee on Labor and Human Resources 

of the Senate’’ and inserting ‘‘authorizing committees’’; 

(5) in section 428A(c) (20 U.S.C. 1078–1(c))— (A) in the matter preceding subparagraph (A) of paragraph (2), by striking ‘‘Chairperson’’ and all that follows 

through ‘‘House of Representatives’’ and inserting ‘‘members 

of the authorizing committees’’; 

(B) in paragraph (3), by striking ‘‘Chairperson’’ and all 

that follows through ‘‘House of Representatives’’ and inserting ‘‘members of the authorizing committees’’; and 

(C) in paragraph (5), by striking ‘‘Chairperson’’ and all 

that follows through ‘‘House of Representatives’’ and inserting ‘‘members of the authorizing committees’’; 

(6) in section 432 (20 U.S.C. 1082)— (A) in subsection (f)(1)(C), by striking ‘‘the Committee 

on Education and the Workforce of the House of Representatives or the Committee on Labor and Human Resources of 

the Senate’’ and inserting ‘‘either of the authorizing committees’’; and 

(B) in the matter following subparagraph (D) of subsection (n)(3), by striking ‘‘Committee on Education and the 

Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate’’ and 

inserting ‘‘authorizing committees’’; 

(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by striking ‘‘Committee on Education and the Workforce of the House of 

Representatives and the Committee on Labor and Human Resources of the Senate’’ and inserting ‘‘authorizing committees’’; 

(8) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by 

striking ‘‘Committee on Labor and Human Resources of the 

Senate and the Committee on Education and the Workforce of 

the House of Representatives’’ and inserting ‘‘authorizing committees’’; 

(9) in section 482(d) (20 U.S.C. 1089(d)), by striking ‘‘Committee on Labor and Human Resources of the Senate and the 

Committee on Education and Labor of the House of Representatives’’ and inserting ‘‘authorizing committees’’; 

(10) in section 483(c) (20 U.S.C. 1090(c)), by striking ‘‘Committee on Labor and Human Resources of the Senate and the 

Committee on Education and the Workforce of the House of 

Representatives’’ and inserting ‘‘authorizing committees’’; 

(11) in section 485(f)(5)(A) (20 U.S.C. 1092(f)(5)(A)), by 

striking ‘‘Committee on Education and the Workforce of the 

House of Representatives and the Committee on Labor and 

Human Resources of the Senate’’ and inserting ‘‘authorizing 

committees’’; 

(12) in section 486(e) (20 U.S.C. 1093(e)), by striking ‘‘Committee on Labor and Human Resources of the Senate and the 

Committee on Education and the Workforce of the House of 

Representatives’’ and inserting ‘‘authorizing committees’’; and 

(13) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by striking ‘‘Committee on Labor and Human Resources of the Senate 

and the Committee on Education and the Workforce of the 

House of Representatives’’ and inserting ‘‘authorizing committees’’. 


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SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 

RIGHTS. 

Section 112 (20 U.S.C. 1011a) is amended—

(1) in subsection (a)—

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

(B) by adding at the end the following: 

‘‘(2) It is the sense of Congress that—

‘‘(A) the diversity of institutions and educational missions 

is one of the key strengths of American higher education; 

‘‘(B) individual institutions of higher education have different missions and each institution should design its academic 

program in accordance with its educational goals; 

‘‘(C) an institution of higher education should facilitate the 

free and open exchange of ideas; 

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

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

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

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

‘‘higher education’’. 

SEC. 105. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT 

ASSISTANCE. 

Section 113 (20 U.S.C. 1011b) is amended—

(1) by striking ‘‘TREATMENT OF TERRITORIES AND 

TERRITORIAL STUDENT ASSISTANCE’’ in the heading of 

such section and inserting ‘‘TERRITORIAL WAIVER AUTHORITY’’; 

(2) by striking ‘‘(a) WAIVER AUTHORITY.—’’; and 

(3) by striking subsection (b). 

SEC. 106. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY. 

(a) AMENDMENT.—Section 114 (20 U.S.C. 1011c) is amended to 

read as follows: 

‘‘SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL 

QUALITY AND INTEGRITY. 

‘‘(a) ESTABLISHMENT.—There is established in the Department a 

National Advisory Committee on Institutional Quality and Integrity 

(in this section referred to as the ‘Committee’) to assess the process 

of accreditation and the institutional eligibility and certification of 

institutions of higher education (as defined in section 102) under 

title IV. 

‘‘(b) MEMBERSHIP.—

‘‘(1) IN GENERAL.—The Committee shall have 18 members, 

of which—

‘‘(A) six members shall be appointed by the Secretary; 

‘‘(B) six members shall be appointed by the Speaker of 

the House of Representatives, three of whom shall be appointed on the recommendation of the majority leader of the 

House of Representatives, and three of whom shall be appointed on the recommendation of the minority leader of 

the House of Representatives; and 


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‘‘(C) six members shall be appointed by the President 

pro tempore of the Senate, three of whom shall be appointed on the recommendation of the majority leader of the 

Senate, and three of whom shall be appointed on the recommendation of the minority leader of the Senate. 

‘‘(2) QUALIFICATIONS.—Individuals shall be appointed as 

members of the Committee—

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

‘‘(B) from among individuals who are representatives 

of, or knowledgeable concerning, education and training beyond secondary education, representing all sectors and 

types of institutions of higher education (as defined in section 102); and 

‘‘(C) on the basis of the individuals’ technical qualifications, professional standing, and demonstrated knowledge 

in the fields of accreditation and administration in higher 

education. 

‘‘(3) TERMS OF MEMBERS.—Except as provided in paragraph (5), the term of office of each member of the Committee 

shall be for six years, except that any member appointed to fill 

a vacancy occurring prior to the expiration of the term for 

which the member’s predecessor was appointed shall be appointed for the remainder of such term. 

‘‘(4) VACANCY.—A vacancy on the Committee shall be filled 

in the same manner as the original appointment was made not 

later than 90 days after the vacancy occurs. If a vacancy occurs 

in a position to be filled by the Secretary, the Secretary shall 

publish a Federal Register notice soliciting nominations for the 

position not later than 30 days after being notified of the vacancy. 

‘‘(5) INITIAL TERMS.—The terms of office for the initial 

members of the Committee shall be—

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

‘‘(B) four years for members appointed under paragraph (1)(B); and 

‘‘(C) six years for members appointed under paragraph 

(1)(C). 

‘‘(6) CHAIRPERSON.—The members of the Committee shall 

select a chairperson from among the members. 

‘‘(c) FUNCTIONS.—The Committee shall—

‘‘(1) advise the Secretary with respect to establishment and 

enforcement of the standards of accrediting agencies or associations under subpart 2 of part H of title IV; 

‘‘(2) advise the Secretary with respect to the recognition of 

a specific accrediting agency or association; 

‘‘(3) advise the Secretary with respect to the preparation 

and publication of the list of nationally recognized accrediting 

agencies and associations; 

‘‘(4) advise the Secretary with respect to the eligibility and 

certification process for institutions of higher education under 

title IV, together with recommendations for improvements in 

such process; 


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‘‘(5) advise the Secretary with respect to the relationship between—

‘‘(A) accreditation of institutions of higher education 

and the certification and eligibility of such institutions; 

and 

‘‘(B) State licensing responsibilities with respect to such 

institutions; and 

‘‘(6) carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may 

prescribe by regulation. 

‘‘(d) MEETING PROCEDURES.—

‘‘(1) SCHEDULE.—

‘‘(A) BIANNUAL MEETINGS.—The Committee shall meet 

not less often than twice each year, at the call of the Chairperson. 

‘‘(B) PUBLICATION OF DATE.—The Committee shall submit the date and location of each meeting in advance to the 

Secretary, and the Secretary shall publish such information 

in the Federal Register not later than 30 days before the 

meeting. 

‘‘(2) AGENDA.—

‘‘(A) ESTABLISHMENT.—The agenda for a meeting of the 

Committee shall be established by the Chairperson and 

shall be submitted to the members of the Committee upon 

notification of the meeting. 

‘‘(B) OPPORTUNITY FOR PUBLIC COMMENT.—The agenda 

shall include, at a minimum, opportunity for public comment during the Committee’s deliberations. 

‘‘(3) SECRETARY’S DESIGNEE.—The Secretary shall designate 

an employee of the Department to serve as the Secretary’s designee to the Committee, and the Chairperson shall invite the 

Secretary’s designee to attend all meetings of the Committee. 

‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act shall not apply. 

‘‘(e) REPORT AND NOTICE.—

‘‘(1) NOTICE.—The Secretary shall annually publish in the 

Federal Register—

‘‘(A) a list containing, for each member of the Committee—

‘‘(i) the member’s name; 

‘‘(ii) the date of the expiration of the member’s term 

of office; and 

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

‘‘(B) a solicitation of nominations for each expiring 

term of office on the Committee of a member appointed by 

the Secretary. 

‘‘(2) REPORT.—Not later than the last day of each fiscal 

year, the Committee shall make available an annual report to 

the Secretary, the authorizing committees, and the public. The 

annual report shall contain—

‘‘(A) a detailed summary of the agenda and activities 

of, and the findings and recommendations made by, the 


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Committee during the fiscal year preceding the fiscal year 

in which the report is made; 

‘‘(B) a list of the date and location of each meeting during the fiscal year preceding the fiscal year in which the report is made; 

‘‘(C) a list of the members of the Committee; and 

‘‘(D) a list of the functions of the Committee, including 

any additional functions established by the Secretary 

through regulation. 

‘‘(f) TERMINATION.—The Committee shall terminate on September 30, 2014.’’. 

(b) TRANSITION.—Notwithstanding section 114 of the Higher 

Education Act of 1965 (20 U.S.C. 1011c) (as in effect before, during, 

and after the date of enactment of this Act)—

(1) the term of each member appointed to the National Advisory Committee on Institutional Quality and Integrity before 

the date of enactment of this Act shall expire on the date of enactment of this Act; 

(2) no new members shall be appointed to the National Advisory Committee on Institutional Quality and Integrity during 

the period beginning on the date of enactment of this Act and 

ending on January 31, 2009; and 

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

period. 

(c) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on January 1, 2009. 

SEC. 107. DRUG AND ALCOHOL ABUSE PREVENTION. 

Section 120 (20 U.S.C. 1011i) is amended—

(1) in subsection (a)(2)—

(A) in subparagraph (A), by striking ‘‘and’’ after the 

semicolon; 

(B) by redesignating subparagraph (B) as subparagraph (D); and 

(C) by inserting after subparagraph (A) the following: 

‘‘(B) determine the number of drug and alcohol-related 

violations and fatalities that—

‘‘(i) occur on the institution’s campus (as defined in 

section 485(f)(6)), or as part of any of the institution’s 

activities; and 

‘‘(ii) are reported to campus officials; 

‘‘(C) determine the number and type of sanctions described in paragraph (1)(E) that are imposed by the institution as a result of drug and alcohol-related violations and 

fatalities on the institution’s campus or as part of any of 

the institution’s activities; and’’; 

(2) in subsection (e)(5), by striking ‘‘$5,000,000’’ and all 

that follows through the period at the end and inserting ‘‘such 

sums as may be necessary for fiscal year 2009 and each of the 

five succeeding fiscal years.’’; and 

(3) by striking subsection (f). 

SEC. 108. PRIOR RIGHTS AND OBLIGATIONS. 

Section 121(a) (20 U.S.C. 1011j(a)) is amended—


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(1) in paragraph (1), by striking ‘‘1999 and for each of the 

4 succeeding fiscal years’’ and inserting ‘‘2009 and for each succeeding fiscal year’’; and 

(2) in paragraph (2), by striking ‘‘1999 and for each of the 

4 succeeding fiscal years’’ and inserting ‘‘2009 and for each succeeding fiscal year’’. 

SEC. 109. DIPLOMA MILLS. 

Part B of title I (20 U.S.C. 1011 et seq.) is further amended by 

adding at the end the following: 

‘‘SEC. 123. DIPLOMA MILLS. 

‘‘(a) INFORMATION TO THE PUBLIC.—The Secretary shall maintain information and resources on the Department’s website to assist 

students, families, and employers in understanding what a diploma 

mill is and how to identify and avoid diploma mills. 

‘‘(b) COLLABORATION.—The Secretary shall continue to collaborate with the United States Postal Service, the Federal Trade Commission, the Department of Justice (including the Federal Bureau 

of Investigation), the Internal Revenue Service, and the Office of 

Personnel Management to maximize Federal efforts to—

‘‘(1) prevent, identify, and prosecute diploma mills; and 

‘‘(2) broadly disseminate to the public information about diploma mills, and resources to identify diploma mills.’’. 

SEC. 110. IMPROVED INFORMATION CONCERNING THE FEDERAL STUDENT FINANCIAL AID WEBSITE. 

(a) PROMOTION OF FEDERAL STUDENT FINANCIAL AID

WEBSITE.—Section 131 (20 U.S.C. 1015) is amended by striking 

subsection (d) and inserting the following: ‘‘(d) PROMOTION OF THE DEPARTMENT OF EDUCATION FEDERAL

STUDENT FINANCIAL AID WEBSITE.—The Secretary shall display a 

link to the Federal student financial aid website of the Department 

in a prominent place on the homepage of the Department’s website. ‘‘(e) ENHANCED STUDENT FINANCIAL AID INFORMATION.— ‘‘(1) IMPLEMENTATION.—The Secretary shall continue to improve the usefulness and accessibility of the information provided by the Department on college planning and student financial aid. 

‘‘(2) DISSEMINATION.—The Secretary shall continue to make 

the availability of the information on the Federal student financial aid website of the Department widely known, through a 

major media campaign and other forms of communication. 

‘‘(3) COORDINATION.—As a part of the efforts required under 

this subsection, the Secretary shall create one website accessible 

from the Department’s website that fulfills the requirements 

under subsections (b), (f), and (g).’’. 

(b) IMPROVED INFORMATION CONCERNING FINANCIAL AID FOR

MILITARY MEMBERS AND VETERANS.—Section 131 (as amended by 

subsection (a)) (20 U.S.C. 1015) is further amended by adding at 

the end the following: 

‘‘(f) IMPROVED AVAILABILITY AND COORDINATION OF INFORMATION CONCERNING STUDENT FINANCIAL AID PROGRAMS FOR MILITARY MEMBERS AND VETERANS.—

‘‘(1) COORDINATION.—The Secretary, in coordination with 

the Secretary of Defense and the Secretary of Veterans Affairs, 

shall create a searchable website that—


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‘‘(A) contains information, in simple and understandable terms, about all Federal and State student financial 

assistance, readmission requirements under section 484C, 

and other student services, for which members of the 

Armed Forces (including members of the National Guard 

and Reserves), veterans, and the dependents of such members or veterans may be eligible; and 

‘‘(B) is easily accessible through the website described 

in subsection (e)(3). 

‘‘(2) IMPLEMENTATION.—Not later than one year after the 

date of enactment of the Higher Education Opportunity Act, the 

Secretary shall make publicly available the Armed Forces information website described in paragraph (1). 

‘‘(3) DISSEMINATION.—The Secretary, in coordination with 

the Secretary of Defense and the Secretary of Veterans Affairs, 

shall make the availability of the Armed Forces information 

website described in paragraph (1) widely known to members of 

the Armed Forces (including members of the National Guard 

and Reserves), veterans, the dependents of such members or veterans, States, institutions of higher education, and the general 

public. 

‘‘(4) DEFINITION.—In this subsection, the term ‘Federal and 

State student financial assistance’ means any grant, loan, work 

assistance, tuition assistance, scholarship, fellowship, or other 

form of financial aid for pursuing a postsecondary education 

that is—

‘‘(A) administered, sponsored, or supported by the Department of Education, the Department of Defense, the Department of Veterans Affairs, or a State; and 

‘‘(B) available to members of the Armed Forces (including members of the National Guard and Reserves), veterans, or the dependents of such members or veterans. 

‘‘(g) PROMOTION OF AVAILABILITY OF INFORMATION CONCERNING

OTHER STUDENT FINANCIAL AID PROGRAMS.—

‘‘(1) DEFINITION.—For purposes of this subsection, the term 

‘nondepartmental student financial assistance program’ means 

any grant, loan, scholarship, fellowship, or other form of financial aid for students pursuing a postsecondary education that 

is—

‘‘(A) distributed directly to the student or to the student’s account at an institution of higher education; and 

‘‘(B) operated, sponsored, or supported by a Federal department or agency other than the Department of Education. 

‘‘(2) AVAILABILITY OF OTHER STUDENT FINANCIAL AID INFORMATION.—The Secretary shall ensure that—

‘‘(A) not later than 90 days after the Secretary receives 

the information required under paragraph (3), the eligibility requirements, application procedures, financial terms 

and conditions, and other relevant information for each 

nondepartmental student financial assistance program are 

searchable and accessible through the Federal student financial aid website in a manner that is simple and understandable for students and the students’ families; and 


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‘‘(B) the website displaying the information described 

in subparagraph (A) includes a link to the National Database on Financial Assistance for the Study of Science, 

Technology, Engineering, and Mathematics pursuant to 

paragraph (4), and the information on military benefits 

under subsection (f), once such Database and information 

are available. 

‘‘(3) NONDEPARTMENTAL STUDENT FINANCIAL ASSISTANCE

PROGRAMS.—The Secretary shall request all Federal departments and agencies to provide the information described in 

paragraph (2)(A), and each Federal department or agency 

shall— ‘‘(A) promptly respond to surveys or other requests from 

the Secretary for the information described in such paragraph; and ‘‘(B) identify for the Secretary any nondepartmental 

student financial assistance program operated, sponsored, 

or supported by such Federal department or agency. 

‘‘(4) NATIONAL STEM DATABASE.—

‘‘(A) IN GENERAL.—The Secretary shall establish and 

maintain, on the website described in subsection (e)(3), a 

National Database on Financial Assistance for the Study of 

Science, Technology, Engineering, and Mathematics (in this 

paragraph referred to as the ‘STEM Database’). The STEM 

Database shall consist of information on scholarships, fellowships, and other programs of Federal, State, local, and, 

to the maximum extent practicable, private financial assistance available for the study of science, technology, engineering, or mathematics at the postsecondary and 

postbaccalaureate levels. 

‘‘(B) DATABASE CONTENTS.—The information maintained on the STEM Database shall be displayed on the 

website in the following manner: ‘‘(i) SEPARATE INFORMATION.—The STEM Database shall provide separate information for each of the 

fields of science, technology, engineering, and mathematics, and for postsecondary and postbaccalaureate 

programs of financial assistance. 

‘‘(ii) INFORMATION ON TARGETED ASSISTANCE.—The 

STEM Database shall provide specific information on 

any program of financial assistance that is targeted to 

individuals based on financial need, merit, or student 

characteristics. ‘‘(iii) CONTACT AND WEBSITE INFORMATION.—The 

STEM Database shall provide—

‘‘(I) standard contact information that an interested person may use to contact a sponsor of any 

program of financial assistance included in the 

STEM Database; and ‘‘(II) if such sponsor maintains a public 

website, a link to the website. 

‘‘(iv) SEARCH AND MATCH CAPABILITIES.—The 

STEM Database shall— ‘‘(I) have a search capability that permits an 

individual to search for information on the basis of 


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each category of the information provided through 

the STEM Database and on the basis of combinations of categories of the information provided, including—

‘‘(aa) whether the financial assistance is 

need- or merit-based; and 

‘‘(bb) by relevant academic majors; and 

‘‘(II) have a match capability that—

‘‘(aa) searches the STEM Database for all 

financial assistance opportunities for which an 

individual may be qualified to apply, based on 

the student characteristics provided by such 

individual; and 

‘‘(bb) provides information to an individual for only those opportunities for which 

such individual is qualified, based on the student characteristics provided by such individual. 

‘‘(v) RECOMMENDATION AND DISCLAIMER.—The 

STEM Database shall provide, to the users of the 

STEM Database—

‘‘(I) a recommendation that students and families should carefully review all of the application 

requirements prior to applying for any aid or program of student financial assistance; and 

‘‘(II) a disclaimer that the non-Federal programs of student financial assistance presented in 

the STEM Database are not provided or endorsed 

by the Department or the Federal Government. 

‘‘(C) COMPILATION OF FINANCIAL ASSISTANCE INFORMATION.—In carrying out this paragraph, the Secretary 

shall—

‘‘(i) consult with public and private sources of 

scholarships, fellowships, and other programs of student financial assistance; and 

‘‘(ii) make easily available a process for such entities to provide regular and updated information about 

the scholarships, fellowships, or other programs of student financial assistance. 

‘‘(D) CONTRACT AUTHORIZED.—In carrying out the requirements of this paragraph, the Secretary is authorized 

to enter into a contract with a private entity with demonstrated expertise in creating and maintaining databases 

such as the one required under this paragraph, under 

which contract the entity shall furnish, and regularly update, all of the information required to be maintained on 

the STEM Database. 

‘‘(5) DISSEMINATION OF INFORMATION.—The Secretary shall 

take such actions, on an ongoing basis, as may be necessary to 

disseminate information under this subsection and to encourage 

the use of the information by interested parties, including sending notices to secondary schools and institutions of higher education.’’. 


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(c) NO USER FEES FOR DEPARTMENT FINANCIAL AID

WEBSITES.—Section 131 (as amended by subsection (b)) (20 U.S.C. 

1015) is further amended by adding at the end the following: 

‘‘(h) NO USER FEES FOR DEPARTMENT FINANCIAL AID

WEBSITES.—No fee shall be charged to any individual to access—

‘‘(1) a database or website of the Department that provides 

information about higher education programs or student financial assistance, including the College Navigator website (or successor website) and the websites and databases described in this 

section and section 132; or 

‘‘(2) information about higher education programs or student financial assistance available through a database or 

website of the Department.’’. 

SEC. 111. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 

Part C of title I (20 U.S.C. 1015) is amended by adding at the 

end the following: 

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

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) COLLEGE NAVIGATOR WEBSITE.—The term ‘College Navigator website’ means the College Navigator website operated by 

the Department and includes any successor website. 

‘‘(2) COST OF ATTENDANCE.—The term ‘cost of attendance’

means the average annual cost of tuition and fees, room and 

board, books, supplies, and transportation for an institution of 

higher education for a first-time, full-time undergraduate student enrolled in the institution. 

‘‘(3) NET PRICE.—The term ‘net price’ means the average 

yearly price actually charged to first-time, full-time undergraduate students receiving student aid at an institution of 

higher education after deducting such aid, which shall be determined by calculating the difference between—

‘‘(A) the institution’s cost of attendance for the year for 

which the determination is made; and 

‘‘(B) the quotient of—

‘‘(i) the total amount of need-based grant aid and 

merit-based grant aid, from Federal, State, and institutional sources, provided to such students enrolled in 

the institution for such year; and 

‘‘(ii) the total number of such students receiving 

such need-based grant aid or merit-based grant aid for 

such year. 

‘‘(4) TUITION AND FEES.—The term ‘tuition and fees’ means 

the average annual cost of tuition and fees for an institution of 

higher education for first-time, full-time undergraduate students enrolled in the institution. 

‘‘(b) CALCULATIONS FOR PUBLIC INSTITUTIONS.—In making the 

calculations regarding cost of attendance, net price, and tuition and 

fees under this section with respect to a public institution of higher 

education, the Secretary shall calculate the cost of attendance, net 

price, and tuition and fees at such institution in the manner described in subsection (a), except that—

‘‘(1) the cost of attendance, net price, and tuition and fees 

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dents enrolled in the institution who are residents of the State 

in which such institution is located; and 

‘‘(2) in determining the net price, the average need-based 

grant aid and merit-based grant aid described in subsection 

(a)(3)(B) shall be calculated based on the average total amount 

of such aid received by first-time, full-time undergraduate students who are residents of the State in which such institution 

is located, divided by the total number of such resident students 

receiving such need-based grant aid or merit-based grant aid at 

such institution. 

‘‘(c) COLLEGE AFFORDABILITY AND TRANSPARENCY LISTS.—

‘‘(1) AVAILABILITY OF LISTS.—Beginning July 1, 2011, the 

Secretary shall make publicly available on the College Navigator website, in a manner that is sortable and searchable by 

State, the following: 

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

data are available. 

‘‘(B) A list of the five percent of institutions in each 

such category that have the highest net price for the most 

recent academic year for which data are available. 

‘‘(C) A list of the five percent of institutions in each 

such category that have the largest increase, expressed as 

a percentage change, in tuition and fees over the most recent three academic years for which data are available, 

using the first academic year of the three-year period as the 

base year to compute such percentage change. 

‘‘(D) A list of the five percent of institutions in each 

such category that have the largest increase, expressed as 

a percentage change, in net price over the most recent three 

academic years for which data are available, using the first 

academic year of the three-year period as the base year to 

compute such percentage change. 

‘‘(E) A list of the ten percent of institutions in each such 

category that have the lowest tuition and fees for the most 

recent academic year for which data are available. 

‘‘(F) A list of the ten percent of institutions in each such 

category that have the lowest net price for the most recent 

academic year for which data are available. 

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

‘‘(d) CATEGORIES OF INSTITUTIONS.—The lists described in subsection (c)(1) shall be compiled according to the following categories 

of institutions that participate in programs under title IV: 

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

‘‘(2) Four-year private, nonprofit institutions of higher education. 

‘‘(3) Four-year private, for-profit institutions of higher education. 

‘‘(4) Two-year public institutions of higher education. 

‘‘(5) Two-year private, nonprofit institutions of higher education. 


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‘‘(6) Two-year private, for-profit institutions of higher education. 

‘‘(7) Less than two-year public institutions of higher education. 

‘‘(8) Less than two-year private, nonprofit institutions of 

higher education. 

‘‘(9) Less than two-year private, for-profit institutions of 

higher education. 

‘‘(e) REPORTS BY INSTITUTIONS.—

‘‘(1) REPORT TO SECRETARY.—If an institution of higher 

education is included on a list described in subparagraph (C) 

or (D) of subsection (c)(1), the institution shall submit to the 

Secretary a report containing the following information: 

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

‘‘(B) An explanation of the cost increases described in 

subparagraph (A). 

‘‘(C) A description of the steps the institution will take 

toward the goal of reducing costs in the areas described in 

subparagraph (A). 

‘‘(D) In the case of an institution that is included on 

the same list under subparagraph (C) or (D) of subsection 

(c)(1) for two or more consecutive years, a description of the 

progress made on the steps described in subparagraph (C) 

of this paragraph that were included in the institution’s report for the previous year. 

‘‘(E) If the determination of any cost increase described 

in subparagraph (A) is not within the exclusive control of 

the institution—

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

‘‘(ii) the identification of the agency or instrumentality of State government responsible for determining 

such cost increase; and 

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

‘‘(2) INFORMATION TO THE PUBLIC.—The Secretary shall—

‘‘(A) issue an annual report that summarizes all of the 

reports by institutions required under paragraph (1) to the 

authorizing committees; and 

‘‘(B) publish such report on the College Navigator 

website. 

‘‘(f) EXEMPTIONS.—

‘‘(1) IN GENERAL.—An institution shall not be placed on a 

list described in subparagraph (C) or (D) of subsection (c)(1), 

and shall not be subject to the reporting required under subsection (e), if the dollar amount of the institution’s increase in 

tuition and fees, or net price, as applicable, is less than $600 

for the three-year period described in such subparagraph. 

‘‘(2) UPDATE.—Beginning in 2014, and every three years 

thereafter, the Secretary shall update the dollar amount described in paragraph (1) based on annual increases in inflation, 

using the Consumer Price Index for each of the three most recent preceding years. 


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‘‘(g) STATE HIGHER EDUCATION SPENDING CHART.—The Secretary shall annually report on the College Navigator website, in 

charts for each State, comparisons of—

‘‘(1) the percentage change in spending by such State per 

full-time equivalent student at all public institutions of higher 

education in such State, for each of the five most recent preceding academic years; 

‘‘(2) the percentage change in tuition and fees for such students for all public institutions of higher education in such 

State for each of the five most recent preceding academic years; 

and 

‘‘(3) the percentage change in the total amount of needbased aid and merit-based aid provided by such State to fulltime students enrolled in the public institutions of higher education in the State for each of the five most recent preceding 

academic years. 

‘‘(h) NET PRICE CALCULATOR.—

‘‘(1) DEVELOPMENT OF NET PRICE CALCULATOR.—Not later 

than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall, in consultation 

with institutions of higher education and other appropriate experts, develop a net price calculator to help current and prospective students, families, and other consumers estimate the individual net price of an institution of higher education for a 

student. The calculator shall be developed in a manner that enables current and prospective students, families, and consumers 

to determine an estimate of a current or prospective student’s 

individual net price at a particular institution. 

‘‘(2) CALCULATION OF INDIVIDUAL NET PRICE.—For purposes 

of this subsection, an individual net price of an institution of 

higher education shall be calculated in the same manner as the 

net price of such institution is calculated under subsection 

(a)(3), except that the cost of attendance and the amount of 

need-based and merit-based aid available shall be calculated 

for the individual student as much as practicable. 

‘‘(3) USE OF NET PRICE CALCULATOR BY INSTITUTIONS.—Not 

later than two years after the date on which the Secretary 

makes the calculator developed under paragraph (1) available 

to institutions of higher education, each institution of higher 

education that receives Federal funds under title IV shall make 

publicly available on the institution’s website a net price calculator to help current and prospective students, families, and 

other consumers estimate a student’s individual net price at 

such institution of higher education. Such calculator may be a 

net price calculator developed—

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

‘‘(B) by the institution of higher education, if the institution’s calculator includes, at a minimum, the same data 

elements included in the calculator developed under paragraph (1). 

‘‘(4) DISCLAIMER.—Estimates of an individual net price determined using a net price calculator required under paragraph 

(3) shall be accompanied by a clear and conspicuous notice—

‘‘(A) stating that the estimate—


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

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

‘‘(iii) may change; 

‘‘(B) stating that the student must complete the Free 

Application for Federal Student Aid described in section 

483 in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or workstudy assistance under title IV; and 

‘‘(C) including a link to the website of the Department 

that allows students to access the Free Application for Federal Student Aid described in section 483. 

‘‘(i) CONSUMER INFORMATION.—

‘‘(1) AVAILABILITY OF TITLE IV INSTITUTION INFORMATION.—

Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall make publicly available on the College Navigator website, in simple and 

understandable terms, the following information about each institution of higher education that participates in programs 

under title IV, for the most recent academic year for which satisfactory data are available: 

‘‘(A) A statement of the institution’s mission. 

‘‘(B) The total number of undergraduate students who 

applied to, were admitted by, and enrolled in the institution. 

‘‘(C) For institutions that require SAT or ACT scores to 

be submitted, the reading, writing, mathematics, and combined scores on the SAT or ACT, as applicable, for the middle 50 percent range of the institution’s freshman class. 

‘‘(D) The number of first-time, full-time, and part-time 

students enrolled at the institution, at the undergraduate 

and (if applicable) graduate levels. 

‘‘(E) The number of degree- or certificate-seeking undergraduate students enrolled at the institution who have 

transferred from another institution. 

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

‘‘(G) Of the first-time, full-time, degree- or certificateseeking undergraduate students enrolled at the institution—

‘‘(i) the percentage of such students who are from 

the State in which the institution is located; 

‘‘(ii) the percentage of such students who are from 

other States; and 

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

‘‘(H) The percentages of first-time, full-time, degree- or 

certificate-seeking students enrolled at the institution, 

disaggregated by race and ethnic background. 

‘‘(I) The percentage of undergraduate students enrolled 

at the institution who are formally registered with the office 

of disability services of the institution (or the equivalent office) as students with disabilities, except that if such perVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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centage is three percent or less, the institution shall report 

‘three percent or less’. ‘‘(J) The percentages of first-time, full-time, degree- or 

certificate-seeking undergraduate students enrolled at the 

institution who obtain a degree or certificate within— ‘‘(i) the normal time for completion of, or graduation from, the student’s program; ‘‘(ii) 150 percent of the normal time for completion 

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

of, or graduation from, the student’s program; ‘‘(K) The number of certificates, associate degrees, baccalaureate degrees, master’s degrees, professional degrees, 

and doctoral degrees awarded by the institution. ‘‘(L) The undergraduate major areas of study at the institution with the highest number of degrees awarded. ‘‘(M) The student-faculty ratio, the number of full-time 

and part-time faculty, and the number of graduate assistants with primarily instructional responsibilities, at the institution. ‘‘(N)(i) The cost of attendance for first-time, full-time 

undergraduate students enrolled in the institution who live 

on campus; ‘‘(ii) the cost of attendance for first-time, full-time undergraduate students enrolled in the institution who live off 

campus; and ‘‘(iii) in the case of a public institution of higher education and notwithstanding subsection (b)(1), the costs described in clauses (i) and (ii), for— ‘‘(I) first-time, full-time students enrolled in the institution who are residents of the State in which the institution is located; and ‘‘(II) first-time, full-time students enrolled in the 

institution who are not residents of such State. 

‘‘(O) The average annual grant amount (including Federal, State, and institutional aid) awarded to a first-time, 

full-time undergraduate student enrolled at the institution 

who receives financial aid. 

‘‘(P) The average annual amount of Federal student 

loans provided through the institution to undergraduate 

students enrolled at the institution. 

‘‘(Q) The total annual grant aid awarded to undergraduate students enrolled at the institution, from the Federal Government, a State, the institution, and other sources 

known by the institution. 

‘‘(R) The percentage of first-time, full-time undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any 

other type of student financial assistance known by the institution, provided publicly or through the institution, such 

as Federal work-study funds. 

‘‘(S) The number of students enrolled at the institution 

receiving Federal Pell Grants. 

‘‘(T) The institution’s cohort default rate, as defined 

under section 435(m). 


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‘‘(U) The information on campus safety required to be 

collected under section 485(i). ‘‘(V) A link to the institution’s website that provides, in 

an easily accessible manner, the following information: ‘‘(i) Student activities offered by the institution. 

‘‘(ii) Services offered by the institution for individuals with disabilities. ‘‘(iii) Career and placement services offered by the 

institution to students during and after enrollment. ‘‘(iv) Policies of the institution related to transfer of 

credit from other institutions. 

‘‘(W) A link to the appropriate section of the Bureau of 

Labor Statistics website that provides information on regional data on starting salaries in all major occupations. ‘‘(X) Information required to be submitted under paragraph (4) and a link to the institution pricing summary 

page described in paragraph (5). ‘‘(Y) In the case of an institution that was required to 

submit a report under subsection (e)(1), a link to such report. ‘‘(Z) The availability of alternative tuition plans, which 

may include guaranteed tuition plans. 

‘‘(2) ANNUAL UPDATES.—The Secretary shall annually update the information described in paragraph (1) on the College 

Navigator website. ‘‘(3) CONSULTATION.—The Secretary shall regularly consult 

with current and prospective college students, family members 

of such students, institutions of higher education, and other experts to improve the usefulness and relevance of the College 

Navigator website, with respect to the presentation of the consumer information collected in paragraph (1). ‘‘(4) DATA COLLECTION.—The Commissioner for Education 

Statistics shall continue to update and improve the Integrated 

Postsecondary Education Data System (referred to in this section as ‘IPEDS’), including the reporting of information by institutions and the timeliness of the data collected. ‘‘(5) INSTITUTION PRICING SUMMARY PAGE.— ‘‘(A) AVAILABILITY OF LIST OF PARTICIPATING INSTITU- TIONS.—The Secretary shall make publicly available on the 

College Navigator website in a sortable and searchable format a list of all institutions of higher education that participate in programs under title IV, which list shall, for 

each institution, include the following: ‘‘(i) The tuition and fees for each of the three most 

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

available academic years for which data are available. ‘‘(iii)(I) During the period beginning July 1, 2010, 

and ending June 30, 2013, the net price for students 

receiving Federal student financial aid under title IV, 

disaggregated by the income categories described in 

paragraph (6), for the most recent academic year for 

which data are available. 

‘‘(II) Beginning July 1, 2013, the net price for students receiving Federal student financial aid under 


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title IV, disaggregated by the income categories described in paragraph (6), for each of the three most recent academic years for which data are available. ‘‘(iv) The average annual percentage change and 

average annual dollar change in such institution’s tuition and fees for each of the three most recent academic 

years for which data are available. ‘‘(v) The average annual percentage change and 

average annual dollar change in such institution’s net 

price for each of the three most recent preceding academic years for which data are available. ‘‘(vi) A link to the webpage on the College Navigator website that provides the information described 

in paragraph (1) for the institution. 

‘‘(B) ANNUAL UPDATES.—The Secretary shall annually 

update the lists described in subparagraph (A) on the College Navigator website. 

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

‘‘(i) $0–30,000. 

‘‘(ii) $30,001–48,000. 

‘‘(iii) $48,001–75,000. 

‘‘(iv) $75,001–110,000. 

‘‘(v) $110,001 and more. 

‘‘(B) ADJUSTMENT.—The Secretary may adjust the income categories listed in subparagraph (A) using the Consumer Price Index if the Secretary determines such adjustment is necessary. ‘‘(j) MULTI-YEAR TUITION CALCULATOR.—

‘‘(1) DEVELOPMENT OF MULTI-YEAR TUITION CALCULATOR.— Not later than one year after the date of enactment of the Higher Education Opportunity Act, the Secretary shall, in consultation with institutions of higher education, financial planners, 

and other appropriate experts, develop a multi-year tuition calculator to help current and prospective students, families of 

such students, and other consumers estimate the amount of tuition an individual may pay to attend an institution of higher 

education in future years. ‘‘(2) CALCULATION OF MULTI-YEAR TUITION.—The multi-year 

tuition calculator described in paragraph (1) shall—

‘‘(A) allow an individual to select an institution of 

higher education for which the calculation shall be made; 

‘‘(B) calculate an estimate of tuition and fees for each 

year of the normal duration of the program of study at 

such institution by—

‘‘(i) using the tuition and fees for such institution, 

as reported under subsection (i)(5)(A)(i), for the most 

recent academic year for which such data are reported; 

and ‘‘(ii) determining an estimated annual percentage 

change for each year for which the calculation is made, 

based on the annual percentage change in such instituVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00033 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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tion’s tuition and fees, as reported under subsection 

(i)(5)(A)(iv), for the most recent three-year period for 

which such data are reported; 

‘‘(C) calculate an estimate of the total amount of tuition 

and fees to complete a program of study at such institution, 

based on the normal duration of such program, using the 

estimate calculated under subparagraph (B) for each year 

of the program of study; ‘‘(D) provide the individual with the option to replace 

the estimated annual percentage change described in subparagraph (B)(ii) with an alternative annual percentage 

change specified by the individual, and calculate an estimate of tuition and fees for each year and an estimate of 

the total amount of tuition and fees using the alternative 

percentage change; ‘‘(E) in the case of an institution that offers a multiyear tuition guarantee program, allow the individual to 

have the estimates of tuition and fees described in subparagraphs (B) and (C) calculated based on the provisions of 

such guarantee program for the tuition and fees charged to 

a student, or cohort of students, enrolled for the duration 

of the program of study; and ‘‘(F) include any other features or information determined to be appropriate by the Secretary. 

‘‘(3) AVAILABILITY AND COMPARISON.—The multi-year tuition calculator described in paragraph (1) shall be available on 

the College Navigator website and shall allow current and prospective students, families of such students, and consumers to 

compare information and estimates under this subsection for 

multiple institutions of higher education. ‘‘(4) DISCLAIMER.—Each calculation of estimated tuition 

and fees made using the multi-year tuition calculator described 

in paragraph (1) shall be accompanied by a clear and conspicuous notice—

‘‘(A) stating that the calculation—

‘‘(i) is only an estimate and not a guarantee of the 

actual amount the student may be charged; 

‘‘(ii) is not binding on the Secretary, the institution 

of higher education, or the State; and 

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

‘‘(B) stating that the student must complete the Free 

Application for Federal Student Aid described in section 

483 in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or workstudy assistance under title IV; and 

‘‘(C) including a link to the website of the Department 

that allows students to access the Free Application for Federal Student Aid described in section 483. 

‘‘(k) STUDENT AID RECIPIENT SURVEY.— ‘‘(1) SURVEY REQUIRED.—The Secretary, acting through the 

Commissioner for Education Statistics, shall conduct, on a 

State-by-State basis, a survey of recipients of Federal student financial aid under title IV—


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‘‘(A) to identify the population of students receiving 

such Federal student financial aid; 

‘‘(B) to describe the income distribution and other socioeconomic characteristics of recipients of such Federal 

student financial aid; 

‘‘(C) to describe the combinations of aid from Federal, 

State, and private sources received by such recipients from 

all income categories; 

‘‘(D) to describe the—

‘‘(i) debt burden of such loan recipients, and their 

capacity to repay their education debts; and 

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

‘‘(E) to describe the impact of the cost of attendance of 

postsecondary education in the determination by students 

of what institution of higher education to attend; and 

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

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

‘‘(3) SURVEY DESIGN.—The survey shall be representative of 

students from all types of institutions, including full-time and 

part-time students, undergraduate, graduate, and professional 

students, and current and former students. 

‘‘(4) DISSEMINATION.—The Commissioner for Education 

Statistics shall disseminate to the public, in printed and electronic form, the information resulting from the survey. 

‘‘(l) REGULATIONS.—The Secretary is authorized to issue such 

regulations as may be necessary to carry out this section.’’. 

SEC. 112. TEXTBOOK INFORMATION. 

(a) AMENDMENT.—Part C of title I (20 U.S.C. 1015) is further 

amended by adding after section 132 (as added by section 111 of 

this Act) the following new section: 

‘‘SEC. 133. TEXTBOOK INFORMATION. 

‘‘(a) PURPOSE AND INTENT.—The purpose of this section is to ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course 

materials. It is the intent of this section to encourage all of the involved parties, including faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers, 

to work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while supporting the 

academic freedom of faculty members to select high quality course 

materials for students. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) BUNDLE.—The term ‘bundle’ means one or more college 

textbooks or other supplemental materials that may be packaged together to be sold as course materials for one price. 

‘‘(2) COLLEGE TEXTBOOK.—The term ‘college textbook’ means 

a textbook or a set of textbooks, used for, or in conjunction with, 

a course in postsecondary education at an institution of higher 

education. 


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‘‘(3) COURSE SCHEDULE.—The term ‘course schedule’ means 

a listing of the courses or classes offered by an institution of 

higher education for an academic period, as defined by the institution. ‘‘(4) CUSTOM TEXTBOOK.—The term ‘custom textbook’— ‘‘(A) means a college textbook that is compiled by a 

publisher at the direction of a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education; and ‘‘(B) may include, alone or in combination, items such 

as selections from original instructor materials, previously 

copyrighted publisher materials, copyrighted third-party 

works, and elements unique to a specific institution, such 

as commemorative editions. 

‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in 

section 102. 

‘‘(6) INTEGRATED TEXTBOOK.—The term ‘integrated textbook’ means a college textbook that is— ‘‘(A) combined with materials developed by a third 

party and that, by third-party contractual agreement, may 

not be offered by publishers separately from the college textbook with which the materials are combined; or ‘‘(B) combined with other materials that are so interrelated with the content of the college textbook that the separation of the college textbook from the other materials 

would render the college textbook unusable for its intended 

purpose. 

‘‘(7) PUBLISHER.—The term ‘publisher’ means a publisher of 

college textbooks or supplemental materials involved in or affecting interstate commerce. 

‘‘(8) SUBSTANTIAL CONTENT.—The term ‘substantial content’

means parts of a college textbook such as new chapters, new 

material covering additional eras of time, new themes, or new 

subject matter. ‘‘(9) SUPPLEMENTAL MATERIAL.—The term ‘supplemental 

material’ means educational material developed to accompany 

a college textbook that— ‘‘(A) may include printed materials, computer disks, 

website access, and electronically distributed materials; 

and ‘‘(B) is not being used as a component of an integrated 

textbook. ‘‘(c) PUBLISHER REQUIREMENTS.—

‘‘(1) COLLEGE TEXTBOOK PRICING INFORMATION.—When a 

publisher provides a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education receiving Federal financial assistance 

with information regarding a college textbook or supplemental 

material, the publisher shall include, with any such information and in writing (which may include electronic communications), the following: ‘‘(A) The price at which the publisher would make the 

college textbook or supplemental material available to the 

bookstore on the campus of, or otherwise associated with, 


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such institution of higher education and, if available, the 

price at which the publisher makes the college textbook or 

supplemental material available to the public. ‘‘(B) The copyright dates of the three previous editions 

of such college textbook, if any. ‘‘(C) A description of the substantial content revisions 

made between the current edition of the college textbook or 

supplemental material and the previous edition, if any. ‘‘(D)(i) Whether the college textbook or supplemental 

material is available in any other format, including paperback and unbound; and ‘‘(ii) for each other format of the college textbook or supplemental material, the price at which the publisher would 

make the college textbook or supplemental material in the 

other format available to the bookstore on the campus of, 

or otherwise associated with, such institution of higher education and, if available, the price at which the publisher 

makes such other format of the college textbook or supplemental material available to the public. 

‘‘(2) UNBUNDLING OF COLLEGE TEXTBOOKS FROM SUPPLE- MENTAL MATERIALS.—A publisher that sells a college textbook 

and any supplemental material accompanying such college textbook as a single bundle shall also make available the college 

textbook and each supplemental material as separate and 

unbundled items, each separately priced. ‘‘(3) CUSTOM TEXTBOOKS.—To the maximum extent practicable, a publisher shall provide the information required 

under this subsection with respect to the development and provision of custom textbooks. 

‘‘(d) PROVISION OF ISBN COLLEGE TEXTBOOK INFORMATION IN

COURSE SCHEDULES.—To the maximum extent practicable, each institution of higher education receiving Federal financial assistance 

shall— ‘‘(1) disclose, on the institution’s Internet course schedule 

and in a manner of the institution’s choosing, the International 

Standard Book Number and retail price information of required and recommended college textbooks and supplemental 

materials for each course listed in the institution’s course schedule used for preregistration and registration purposes, except 

that—

‘‘(A) if the International Standard Book Number is not 

available for such college textbook or supplemental material, then the institution shall include in the Internet course 

schedule the author, title, publisher, and copyright date for 

such college textbook or supplemental material; and 

‘‘(B) if the institution determines that the disclosure of 

the information described in this subsection is not practicable for a college textbook or supplemental material, then 

the institution shall so indicate by placing the designation 

‘To Be Determined’ in lieu of the information required 

under this subsection; and 

‘‘(2) if applicable, include on the institution’s written course 

schedule a notice that textbook information is available on the 

institution’s Internet course schedule, and the Internet address 

for such schedule. 


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‘‘(e) AVAILABILITY OF INFORMATION FOR COLLEGE BOOK- STORES.—An institution of higher education receiving Federal financial assistance shall make available to a college bookstore that 

is operated by, or in a contractual relationship or otherwise affiliated with, the institution, as soon as is practicable upon the request 

of such college bookstore, the most accurate information available 

regarding—

‘‘(1) the institution’s course schedule for the subsequent academic period; and ‘‘(2) for each course or class offered by the institution for the 

subsequent academic period— ‘‘(A) the information required by subsection (d)(1) for 

each college textbook or supplemental material required or 

recommended for such course or class; ‘‘(B) the number of students enrolled in such course or 

class; and ‘‘(C) the maximum student enrollment for such course 

or class. ‘‘(f) ADDITIONAL INFORMATION.—An institution disclosing the 

information required by subsection (d)(1) is encouraged to disseminate to students information regarding— ‘‘(1) available institutional programs for renting textbooks 

or for purchasing used textbooks; ‘‘(2) available institutional guaranteed textbook buy-back 

programs; ‘‘(3) available institutional alternative content delivery programs; or ‘‘(4) other available institutional cost-saving strategies. ‘‘(g) GAO REPORT.—Not later than July 1, 2013, the Comptroller General of the United States shall report to the authorizing 

committees on the implementation of this section by institutions of 

higher education, college bookstores, and publishers. The report 

shall particularly examine— ‘‘(1) the availability of college textbook information on 

course schedules; ‘‘(2) the provision of pricing information to faculty of institutions of higher education by publishers; ‘‘(3) the use of bundled and unbundled material in the college textbook marketplace, including the adoption of unbundled 

materials by faculty and the use of integrated textbooks by publishers; and 

‘‘(4) the implementation of this section by institutions of 

higher education, including the costs and benefits to such institutions and to students. 

‘‘(h) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to supercede the institutional autonomy or academic freedom of instructors involved in the selection of college textbooks, supplemental materials, and other classroom materials. 

‘‘(i) NO REGULATORY AUTHORITY.—The Secretary shall not promulgate regulations with respect to this section.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on July 1, 2010. 

SEC. 113. DATABASE OF STUDENT INFORMATION PROHIBITED. 

Part C of title I (20 U.S.C. 1015) is further amended by adding 

after section 133 (as added by section 112 of this Act) the following: 


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‘‘SEC. 134. DATABASE OF STUDENT INFORMATION PROHIBITED. 

‘‘(a) PROHIBITION.—Except as described in subsection (b), nothing in this Act shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally 

identifiable information on individuals receiving assistance under 

this Act, attending institutions receiving assistance under this Act, 

or otherwise involved in any studies or other collections of data 

under this Act, including a student unit record system, an education 

bar code system, or any other system that tracks individual students 

over time. 

‘‘(b) EXCEPTION.—The provisions of subsection (a) shall not 

apply to a system (or a successor system) that—

‘‘(1) is necessary for the operation of programs authorized 

by title II, IV, or VII; and 

‘‘(2) was in use by the Secretary, directly or through a contractor, as of the day before the date of enactment of the Higher 

Education Opportunity Act. 

‘‘(c) STATE DATABASES.—Nothing in this Act shall prohibit a 

State or a consortium of States from developing, implementing, or 

maintaining State-developed databases that track individuals over 

time, including student unit record systems that contain information related to enrollment, attendance, graduation and retention 

rates, student financial assistance, and graduate employment outcomes.’’. 

SEC. 114. IN-STATE TUITION RATES FOR ARMED FORCES MEMBERS, 

SPOUSES, AND DEPENDENT CHILDREN. 

Part C of title I (20 U.S.C. 1015) is further amended by adding 

after section 134 (as added by section 113 of this Act) the following: 

‘‘SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED 

FORCES ON ACTIVE DUTY, SPOUSES, AND DEPENDENT 

CHILDREN. 

‘‘(a) REQUIREMENT.—In the case of a member of the armed 

forces who is on active duty for a period of more than 30 days and 

whose domicile or permanent duty station is in a State that receives 

assistance under this Act, such State shall not charge such member 

(or the spouse or dependent child of such member) tuition for attendance at a public institution of higher education in the State at 

a rate that is greater than the rate charged for residents of the 

State. 

‘‘(b) CONTINUATION.—If a member of the armed forces (or the 

spouse or dependent child of a member) pays tuition at a public institution of higher education in a State at a rate determined by subsection (a), the provisions of subsection (a) shall continue to apply 

to such member, spouse, or dependent while continuously enrolled 

at that institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State. 

‘‘(c) EFFECTIVE DATE.—This section shall take effect at each 

public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. 

‘‘(d) DEFINITIONS.—In this section, the terms ‘armed forces’ and 

‘active duty for a period of more than 30 days’ have the meanings 

given those terms in section 101 of title 10, United States Code.’’. 


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SEC. 115. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 

PROGRAM. 

Part C of title I of the Higher Education Act of 1965 (20 U.S.C. 

1015) is further amended by adding after section 135 (as added by 

section 114 of this Act) the following: 

‘‘SEC. 136. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 

PROGRAM. 

‘‘(a) PURPOSE.—It is the purpose of this section to carry out a 

pilot program to assist not more than five States to develop Statelevel postsecondary student data systems to—

‘‘(1) improve the capacity of States and institutions of higher education to generate more comprehensive and comparable 

data, in order to develop better-informed educational policy at 

the State level and to evaluate the effectiveness of institutional 

performance while protecting the confidentiality of students’

personally identifiable information; and 

‘‘(2) identify how to best minimize the data-reporting burden placed on institutions of higher education, particularly 

smaller institutions, and to maximize and improve the information institutions receive from the data systems, in order to assist 

institutions in improving educational practice and postsecondary outcomes. 

‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 

‘eligible entity’ means—

‘‘(1) a State higher education system; or 

‘‘(2) a consortium of State higher education systems, or a 

consortium of individual institutions of higher education, that 

is broadly representative of institutions in different sectors and 

geographic locations. 

‘‘(c) COMPETITIVE GRANTS.—

‘‘(1) GRANTS AUTHORIZED.—The Secretary shall award 

grants, on a competitive basis, to not more than five eligible entities to enable the eligible entities to—

‘‘(A) design, test, and implement systems of postsecondary student data that provide the maximum benefits to 

States, institutions of higher education, and State policymakers; and 

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

‘‘(2) DURATION.—A grant awarded under this section shall 

be for a period of not more than three years. 

‘‘(d) APPLICATION REQUIREMENTS.—An eligible entity desiring a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a description of—

‘‘(1) how the eligible entity will ensure that student privacy 

is protected and that individually identifiable information 

about students, the students’ achievements, and the students’

families remains confidential in accordance with section 444 of 

the General Education Provisions Act (Family Educational 

Rights and Privacy Act of 1974) (20 U.S.C. 1232g); and 

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


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‘‘(e) USE OF FUNDS.—A grant awarded under this section shall 

be used to—

‘‘(1) design, develop, and implement the components of a 

comprehensive postsecondary student data system with the capacity to transmit student information within a State; 

‘‘(2) improve the capacity of institutions of higher education 

to analyze and use student data; 

‘‘(3) select and define common data elements, data quality, 

and other elements that will enable the data system to—

‘‘(A) serve the needs of institutions of higher education 

for institutional research and improvement; 

‘‘(B) provide students and the students’ families with 

useful information for decision-making about postsecondary 

education; and 

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

‘‘(4) estimate costs and burdens at the institutional level for 

the reporting system for different types of institutions; and 

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

‘‘(f) EVALUATION; REPORTS.—Not later than six months after the 

end of the projects funded by grants awarded under this section, the 

Secretary shall—

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

‘‘(2) report the Secretary’s findings, as well as recommendations regarding the implementation of State-level postsecondary 

student data systems, to the authorizing committees. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years.’’. 

SEC. 116. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION. 

Part C of title I (20 U.S.C. 1015) is further amended by adding 

after section 136 (as added by section 115 of this Act) the following 

new section: 

‘‘SEC. 137. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION. 

‘‘(a) MAINTENANCE OF EFFORT REQUIRED.—A State shall provide—

‘‘(1) for public institutions of higher education in such State 

for any academic year beginning on or after July 1, 2008, an 

amount which is equal to or greater than the average amount 

provided for non-capital and non-direct research and development expenses or costs by such State to such institutions of 

higher education during the five most recent preceding academic years for which satisfactory data are available; and 

‘‘(2) for private institutions of higher education in such 

State for any academic year beginning on or after July 1, 2008, 

an amount which is equal to or greater than the average 

amount provided for student financial aid for paying costs associated with postsecondary education by such State to such instiVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00041 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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tutions during the five most recent preceding academic years for 

which satisfactory data are available. 

‘‘(b) ADJUSTMENTS FOR BIENNIAL APPROPRIATIONS.—The Secretary shall take into consideration any adjustments to the calculations under subsection (a) that may be required to accurately reflect 

funding levels for postsecondary education in States with biennial 

appropriation cycles. 

‘‘(c) WAIVER.—The Secretary shall waive the requirements of 

subsection (a), if the Secretary determines that such a waiver would 

be equitable due to exceptional or uncontrollable circumstances, 

such as a natural disaster or a precipitous and unforseen decline 

in the financial resources of a State or State educational agency, as 

appropriate. 

‘‘(d) VIOLATION OF MAINTENANCE OF EFFORT.—Notwithstanding any other provision of law, the Secretary shall withhold 

from any State that violates subsection (a) and does not receive a 

waiver pursuant to subsection (c) any amount that would otherwise 

be available to the State under section 781 until such State has 

made significant efforts to correct such violation.’’. 

SEC. 117. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY 

OF FEDERAL STUDENT FINANCIAL ASSISTANCE. 

Section 141 (20 U.S.C. 1018) is amended—

(1) in subsection (a)—

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

(B) in paragraph (2)(D), by striking ‘‘of the operational 

functions’’ and inserting ‘‘and administration’’; 

(2) in subsection (b)—

(A) in paragraph (1)—

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

under title IV’’; and 

(ii) by striking subparagraph (C) and inserting the 

following: 

‘‘(C) assist the Chief Operating Officer in identifying 

goals for—

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

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

(B) in paragraph (2)—

(i) in the matter preceding subparagraph (A)—

(I) by striking ‘‘administration of the information and financial systems that support’’ and inserting ‘‘the administration of Federal’’; and 

(II) by striking ‘‘this title’’ and inserting ‘‘title 

IV’’; 

(ii) in subparagraph (A)—

(I) in the matter preceding clause (i), by striking ‘‘of the delivery system for Federal student assistance’’ and inserting ‘‘for the Federal student fiVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00042 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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nancial assistance programs authorized under title 

IV’’; 

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

‘‘(i) the collection, processing, and transmission of 

data to students, institutions, lenders, State agencies, 

and other authorized parties; 

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

(III) in clause (iii), by striking ‘‘delivery’’ and 

inserting ‘‘administration’’; 

(IV) in clause (iv)—

(aa) by inserting ‘‘the Federal’’ after ‘‘supporting’’; 

(bb) by striking ‘‘under this title’’ and inserting ‘‘authorized under title IV’’; and 

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

(V) in clause (v), by striking ‘‘systems that support those programs.’’ and inserting ‘‘the administration of the Federal student financial assistance 

programs authorized under title IV; and’’; and 

(VI) by adding at the end the following: 

‘‘(vi) ensuring the integrity of the Federal student 

financial assistance programs authorized under title 

IV.’’; and 

(iii) in subparagraph (B), by striking ‘‘operations 

and services’’ and inserting ‘‘activities and functions’’; 

and 

(3) in subsection (c)—

(A) in the subsection heading, by striking ‘‘PERFORMANCE PLAN AND REPORT’’ and inserting ‘‘PERFORMANCE

PLAN, REPORT, AND BRIEFING’’; 

(B) in paragraph (1)(C)—

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

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

(iii) in clause (iv)—

(I) by striking ‘‘Developing an’’ and inserting 

‘‘Developing’’; and 

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

(C) in paragraph (2)—

(i) in subparagraph (A), by inserting ‘‘the’’ after 

‘‘PBO and’’; and 

(ii) in subparagraph (B), by striking ‘‘Officer’’ and 

inserting ‘‘Officers’’; 

(D) in paragraph (3), by inserting ‘‘students,’’ after 

‘‘consult with’’; and 

(E) by adding at the end the following: 

‘‘(4) BRIEFING ON ENFORCEMENT OF STUDENT LOAN PROVISIONS.—The Secretary shall, upon request, provide a briefing to 


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the members of the authorizing committees on the steps the Department has taken to ensure—

‘‘(A) the integrity of the student loan programs; and 

‘‘(B) that lenders and guaranty agencies are adhering 

to the requirements of title IV.’’; 

(4) in subsection (d)—

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

and 

(B) in paragraph (5)—

(i) in subparagraph (B), by striking ‘‘paragraph 

(2)’’ and inserting ‘‘paragraph (4)’’; and 

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

(5) in subsection (f)—

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

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

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

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

(8) by striking subsection (i); 

(9) by redesignating subsection (j) as subsection (i); and 

(10) in subsection (i) (as redesignated by paragraph (9)), by 

striking ‘‘, including transition costs’’. 

SEC. 118. PROCUREMENT FLEXIBILITY. 

Section 142 (20 U.S.C. 1018a) is amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) by striking ‘‘for information systems supporting 

the programs authorized under title IV’’; and 

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

(B) in paragraph (2), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) through the Chief Operating Officer—

‘‘(A) to the maximum extent practicable, utilize procurement systems that streamline operations, improve internal 

controls, and enhance management; and 

‘‘(B) assess the efficiency of such systems and assess 

such systems’ ability to meet PBO requirements.’’; 

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

‘‘(2) FEE FOR SERVICE ARRANGEMENTS.—The Chief Operating Officer shall, when appropriate and consistent with the 

purposes of the PBO, acquire services related to the functions 

set forth in section 141(b)(2) from any entity that has the capability and capacity to meet the requirements set by the PBO. 

The Chief Operating Officer is authorized to pay fees that are 

equivalent to those paid by other entities to an organization 

that provides services that meet the requirements of the PBO, 

as determined by the Chief Operating Officer.’’; 

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

(4) in subsection (g)—

(A) in paragraph (4)(A)—


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(i) in the subparagraph heading, by striking ‘‘SOLE

SOURCE.—’’ and inserting ‘‘SINGLE-SOURCE BASIS.—’’; 

and 

(ii) by striking ‘‘sole-source’’ and inserting ‘‘singlesource’’; and 

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

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

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

‘‘(3) SINGLE-SOURCE BASIS.—The term ‘single-source basis’, 

with respect to an award of a contract, means that the contract 

is awarded to a source after soliciting an offer or offers from, 

and negotiating with, only such source (although such source is 

not the only source in the marketplace capable of meeting the 

need) because such source is the most advantageous source for 

purposes of the award.’’. 

SEC. 119. CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL 

FUNDS. 

(a) PROHIBITION.—No Federal funds received under the Higher 

Education Act of 1965 (20 U.S.C. 1001 et seq.) by an institution of 

higher education or other postsecondary educational institution may 

be used to pay any person for influencing or attempting to influence 

an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection 

(b). 

(b) APPLICABILITY.—The prohibition in subsection (a) applies 

with respect to the following Federal actions: 

(1) The awarding of any Federal contract. 

(2) The making of any Federal grant. 

(3) The making of any Federal loan. 

(4) The entering into of any Federal cooperative agreement. 

(5) The extension, continuation, renewal, amendment, or 

modification of any Federal contract, grant, loan, or cooperative 

agreement. 

(c) LOBBYING AND EARMARKS.—No Federal student aid funding 

under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 

may be used to hire a registered lobbyist or pay any person or entity 

for securing an earmark. 

(d) CERTIFICATION.—Each institution of higher education or 

other postsecondary educational institution receiving Federal funding under the Higher Education Act of 1965 (20 U.S.C. 1001 et 

seq.), as a condition for receiving such funding, shall annually certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met. 

(e) ACTIONS TO IMPLEMENT AND ENFORCE.—The Secretary of 

Education shall take such actions as are necessary to ensure that 

the provisions of this section are implemented and enforced. 

SEC. 120. INSTITUTION AND LENDER REPORTING AND DISCLOSURE 

REQUIREMENTS. 

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


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‘‘PART E—LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATION 

LOANS 

‘‘SEC. 151. DEFINITIONS. 

‘‘In this part: 

‘‘(1) AGENT.—The term ‘agent’ means an officer or employee 

of a covered institution or an institution-affiliated organization. 

‘‘(2) COVERED INSTITUTION.—The term ‘covered institution’

means any institution of higher education, as such term is defined in section 102, that receives any Federal funding or assistance. 

‘‘(3) EDUCATION LOAN.—The term ‘education loan’ (except 

when used as part of the term ‘private education loan’) means—

‘‘(A) any loan made, insured, or guaranteed under part 

B of title IV; 

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

‘‘(C) a private education loan. 

‘‘(4) ELIGIBLE LENDER.—The term ‘eligible lender’ has the 

meaning given such term in section 435(d). 

‘‘(5) INSTITUTION-AFFILIATED ORGANIZATION.—The term ‘institution-affiliated organization’—

‘‘(A) means any organization that—

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

‘‘(ii) is engaged in the practice of recommending, 

promoting, or endorsing education loans for students 

attending such covered institution or the families of 

such students; 

‘‘(B) may include an alumni organization, athletic organization, foundation, or social, academic, or professional 

organization, of a covered institution; and 

‘‘(C) notwithstanding subparagraphs (A) and (B), does 

not include any lender with respect to any education loan 

secured, made, or extended by such lender. 

‘‘(6) LENDER.—The term ‘lender’ (except when used as part 

of the terms ‘eligible lender’ and ‘private educational lender’)—

‘‘(A) means—

‘‘(i) in the case of a loan made, insured, or guaranteed under part B of title IV, an eligible lender; 

‘‘(ii) in the case of any loan issued or provided to 

a student under part D of title IV, the Secretary; and 

‘‘(iii) in the case of a private education loan, a private educational lender as defined in section 140 of the 

Truth in Lending Act; and 

‘‘(B) includes any other person engaged in the business 

of securing, making, or extending education loans on behalf 

of the lender. 

‘‘(7) OFFICER.—The term ‘officer’ includes a director or 

trustee of a covered institution or institution-affiliated organization, if such individual is treated as an employee of such covered institution or institution-affiliated organization, respectively. 


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‘‘(8) PREFERRED LENDER ARRANGEMENT.—The term ‘preferred lender arrangement’—

‘‘(A) means an arrangement or agreement between a 

lender and a covered institution or an institution-affiliated 

organization of such covered institution—

‘‘(i) under which a lender provides or otherwise 

issues education loans to the students attending such 

covered institution or the families of such students; and 

‘‘(ii) that relates to such covered institution or such 

institution-affiliated organization recommending, promoting, or endorsing the education loan products of the 

lender; and 

‘‘(B) does not include—

‘‘(i) arrangements or agreements with respect to 

loans under part D of title IV; or 

‘‘(ii) arrangements or agreements with respect to 

loans that originate through the auction pilot program 

under section 499(b). 

‘‘(9) PRIVATE EDUCATION LOAN.—The term ‘private education loan’ has the meaning given the term in section 140 of 

the Truth in Lending Act. 

‘‘SEC. 152. RESPONSIBILITIES OF COVERED INSTITUTIONS, INSTITUTION-AFFILIATED ORGANIZATIONS, AND LENDERS. 

‘‘(a) RESPONSIBILITIES OF COVERED INSTITUTIONS AND INSTITUTION-AFFILIATED ORGANIZATIONS.—

‘‘(1) DISCLOSURES BY COVERED INSTITUTIONS AND INSTITUTION-AFFILIATED ORGANIZATIONS.—

‘‘(A) PREFERRED LENDER ARRANGEMENT DISCLOSURES.—In addition to the disclosures required by subsections (a)(27) and (h) of section 487 (if applicable), a covered institution, or an institution-affiliated organization of 

such covered institution, that participates in a preferred 

lender arrangement shall disclose—

‘‘(i) on such covered institution’s or institution-affiliated organization’s website and in all informational 

materials described in subparagraph (C) that describe 

or discuss education loans—

‘‘(I) the maximum amount of Federal grant 

and loan aid under title IV available to students, 

in an easy to understand format; 

‘‘(II) the information required to be disclosed 

pursuant to section 153(a)(2)(A)(i), for each type of 

loan described in section 151(3)(A) that is offered 

pursuant to a preferred lender arrangement of the 

institution or organization to students of the institution or the families of such students; and 

‘‘(III) a statement that such institution is required to process the documents required to obtain 

a loan under part B of title IV from any eligible 

lender the student selects; and 

‘‘(ii) on such covered institution’s or institution-affiliated organization’s website and in all informational 

materials described in subparagraph (C) that describe 

or discuss private education loans—


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‘‘(I) in the case of a covered institution, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under 

section 128(e)(11) of the Truth in Lending Act (15 

U.S.C. 1638(e)(11)), for each type of private education loan offered pursuant to a preferred lender 

arrangement of the institution to students of the 

institution or the families of such students; and ‘‘(II) in the case of an institution-affiliated organization of a covered institution, the information 

the Board of Governors of the Federal Reserve System requires to be disclosed under section 128(e)(1) 

of the Truth in Lending Act (15 U.S.C. 1638(e)(1)), 

for each type of private education loan offered pursuant to a preferred lender arrangement of the organization to students of such institution or the 

families of such students. ‘‘(B) PRIVATE EDUCATION LOAN DISCLOSURES.—A covered institution, or an institution-affiliated organization of 

such covered institution, that provides information regarding a private education loan from a lender to a prospective 

borrower shall— ‘‘(i) provide the prospective borrower with the information the Board of Governors of the Federal Reserve 

System requires to be disclosed under section 128(e)(1) 

of the Truth in Lending Act (15 U.S.C. 1638(e)(1)) for 

such loan; ‘‘(ii) inform the prospective borrower that— ‘‘(I) the prospective borrower may qualify for 

loans or other assistance under title IV; and ‘‘(II) the terms and conditions of loans made, 

insured, or guaranteed under title IV may be more 

favorable than the provisions of private education 

loans; and 

‘‘(iii) ensure that information regarding private 

education loans is presented in such a manner as to be 

distinct from information regarding loans that are 

made, insured, or guaranteed under title IV. 

‘‘(C) INFORMATIONAL MATERIALS.—The informational 

materials described in this subparagraph are publications, 

mailings, or electronic messages or materials that— ‘‘(i) are distributed to prospective or current students of a covered institution and families of such students; and ‘‘(ii) describe or discuss the financial aid opportunities available to students at an institution of higher 

education. ‘‘(2) USE OF INSTITUTION NAME.—A covered institution, or 

an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a 

lender regarding private education loans shall not agree to the 

lender’s use of the name, emblem, mascot, or logo of such institution or organization, or other words, pictures, or symbols 

readily identified with such institution or organization, in the 

marketing of private education loans to students attending such 


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institution in any way that implies that the loan is offered or 

made by such institution or organization instead of the lender. ‘‘(3) USE OF LENDER NAME.—A covered institution, or an institution-affiliated organization of such covered institution, that 

enters into a preferred lender arrangement with a lender regarding private education loans shall ensure that the name of 

the lender is displayed in all information and documentation 

related to such loans. 

‘‘(b) LENDER RESPONSIBILITIES.— ‘‘(1) DISCLOSURES BY LENDERS.— ‘‘(A) DISCLOSURES TO BORROWERS.— ‘‘(i) FEDERAL EDUCATION LOANS.—For each education loan that is made, insured, or guaranteed under 

part B or D of title IV (other than a loan made under 

section 428C or a Federal Direct Consolidation Loan), 

at or prior to the time the lender disburses such loan, 

the lender shall provide the prospective borrower or 

borrower, in writing (including through electronic 

means), with the disclosures described in subsections 

(a) and (c) of section 433. 

‘‘(ii) PRIVATE EDUCATION LOANS.—For each of a 

lender’s private education loans, the lender shall comply with the disclosure requirements under section 

128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)). 

‘‘(B) DISCLOSURES TO THE SECRETARY.— ‘‘(i) IN GENERAL.—Each lender of a loan made, insured, or guaranteed under part B of title IV shall, on 

an annual basis, report to the Secretary— ‘‘(I) any reasonable expenses paid or provided 

under section 435(d)(5)(D) or paragraph (3)(B) or 

(7) of section 487(e) to any agent of a covered institution who—

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

‘‘(bb) otherwise has responsibilities with 

respect to education loans or other financial 

aid of the institution; and 

‘‘(II) any similar expenses paid or provided to 

any agent of an institution-affiliated organization 

who is involved in the practice of recommending, 

promoting, or endorsing education loans. 

‘‘(ii) CONTENTS OF REPORTS.—Each report described in clause (i) shall include—

‘‘(I) the amount for each specific instance in 

which the lender provided such expenses; 

‘‘(II) the name of any agent described in clause 

(i) to whom the expenses were paid or provided; 

‘‘(III) the dates of the activity for which the expenses were paid or provided; and ‘‘(IV) a brief description of the activity for 

which the expenses were paid or provided. 

‘‘(iii) REPORT TO CONGRESS.—The Secretary shall 

summarize the information received from the lenders 

under this subparagraph in a report and transmit such 

report annually to the authorizing committees. 


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‘‘(2) CERTIFICATION BY LENDERS.—Not later than 18 

months after the date of enactment of the Higher Education Opportunity Act—

‘‘(A) in addition to any other disclosure required under 

Federal law, each lender of a loan made, insured, or guaranteed under part B of title IV that participates in one or 

more preferred lender arrangements shall annually certify 

the lender’s compliance with the requirements of this Act; 

and 

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

‘‘SEC. 153. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE FORM FOR COVERED INSTITUTIONS, INSTITUTION-AFFILIATED ORGANIZATIONS, AND LENDERS PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS. 

‘‘(a) DUTIES OF THE SECRETARY.—

‘‘(1) DETERMINATION OF MINIMUM DISCLOSURES.—

‘‘(A) IN GENERAL.—Not later than 18 months after the 

date of enactment of the Higher Education Opportunity Act, 

the Secretary, in coordination with the Board of Governors 

of the Federal Reserve System, shall determine the minimum information that lenders, covered institutions, and 

institution-affiliated organizations of such covered institutions participating in preferred lender arrangements shall 

make available regarding education loans described in section 151(3)(A) that are offered to students and the families 

of such students. 

‘‘(B) CONSULTATION AND CONTENT OF MINIMUM DISCLOSURES.—In carrying out subparagraph (A), the Secretary 

shall—

‘‘(i) consult with students, the families of such students, representatives of covered institutions (including 

financial aid administrators, admission officers, and 

business officers), representatives of institution-affiliated organizations, secondary school guidance counselors, lenders, loan servicers, and guaranty agencies; 

‘‘(ii) include, in the minimum information under 

subparagraph (A) that is required to be made available, the information that the Board of Governors of 

the Federal Reserve System requires to be disclosed 

under section 128(e)(1) of the Truth in Lending Act (15 

U.S.C. 1638(e)(1)), modified as necessary to apply to 

such loans; and 

‘‘(iii) consider the merits of requiring each covered 

institution, and each institution-affiliated organization 

of such covered institution, with a preferred lender arrangement to provide to prospective borrowers and the 

families of such borrowers the following information 

for each type of education loan offered pursuant to 

such preferred lender arrangement: 

‘‘(I) The interest rate and terms and conditions 

of the loan for the next award year, including loan 

forgiveness and deferment. 


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‘‘(II) Information on any charges, such as 

origination and Federal default fees, that are payable on the loan, and whether those charges will 

be— ‘‘(aa) collected by the lender at or prior to 

the disbursal of the loan, including whether 

the charges will be deducted from the proceeds 

of the loan or paid separately by the borrower; 

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

‘‘(III) The annual and aggregate maximum 

amounts that may be borrowed. ‘‘(IV) The average amount borrowed from the 

lender by students who graduated from such institution in the preceding year with certificates, undergraduate degrees, graduate degrees, and professional degrees, as applicable, and who obtained 

loans of such type from the lender for the preceding year. ‘‘(V) The amount the borrower may pay in interest, based on a standard repayment plan and 

the average amount borrowed from the lender by 

students who graduated from such institution in 

the preceding year and who obtained loans of such 

type from the lender for the preceding year, for— ‘‘(aa) borrowers who take out loans under 

section 428; ‘‘(bb) borrowers who take out loans under 

section 428B or 428H, who pay the interest 

while in school; and ‘‘(cc) borrowers who take out loans under 

section 428B or 428H, who do not pay the interest while in school. 

‘‘(VI) The consequences for the borrower of defaulting on a loan, including limitations on the 

discharge of an education loan in bankruptcy. 

‘‘(VII) Contact information for the lender. 

‘‘(VIII) Other information suggested by the persons and entities with whom the Secretary has 

consulted under clause (i). 

‘‘(2) REQUIRED DISCLOSURES.—After making the determinations under paragraph (1), the Secretary, in coordination with 

the Board of Governors of the Federal Reserve System and after 

consultation with the public, shall—

‘‘(A)(i) provide that the information determined under 

paragraph (1) shall be disclosed by covered institutions, 

and institution-affiliated organizations of such covered institutions, with preferred lender arrangements to prospective borrowers and the families of such borrowers regarding 

the education loans described in section 151(3)(A) that are 

offered pursuant to such preferred lender arrangements; 

and ‘‘(ii) make clear that such covered institutions and institution-affiliated organizations may provide the required 


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information on a form designed by the institution or organization instead of the model disclosure form described in 

subparagraph (B); ‘‘(B) develop a model disclosure form that may be used 

by covered institutions, institution-affiliated organizations, 

and preferred lenders that includes all of the information 

required under subparagraph (A)(i) in a format that— ‘‘(i) is easily usable by students, families, institutions, institution-affiliated organizations, lenders, loan 

servicers, and guaranty agencies; and ‘‘(ii) is similar in format to the form developed by 

the Board of Governors of the Federal Reserve System 

under paragraphs (1) and (5)(A) of section 128(e), in 

order to permit students and the families of students to 

easily compare private education loans and education 

loans described in section 151(3)(A); and 

‘‘(C) update such model disclosure form periodically, as 

necessary. ‘‘(b) DUTIES OF LENDERS.—Each lender that has a preferred 

lender arrangement with a covered institution, or an institution-affiliated organization of such covered institution, with respect to education loans described in section 151(3)(A) shall annually, by a date 

determined by the Secretary, provide to such covered institution or 

such institution-affiliated organization, and to the Secretary, the information the Secretary requires pursuant to subsection (a)(2)(A)(i) 

for each type of education loan described in section 151(3)(A) that 

the lender plans to offer pursuant to such preferred lender arrangement to students attending such covered institution, or to the families of such students, for the next award year. 

‘‘(c) DUTIES OF COVERED INSTITUTIONS AND INSTITUTION-AF- FILIATED ORGANIZATIONS.— ‘‘(1) PROVIDING INFORMATION TO STUDENTS AND FAMILIES.— ‘‘(A) IN GENERAL.—Each covered institution, and each 

institution-affiliated organization of such covered institution, that has a preferred lender arrangement shall provide 

the following information to students attending such institution, or the families of such students, as applicable: 

‘‘(i) The information the Secretary requires pursuant to subsection (a)(2)(A)(i), for each type of education 

loan described in section 151(3)(A) offered pursuant to 

a preferred lender arrangement to students of such institution or the families of such students. 

‘‘(ii)(I) In the case of a covered institution, the information that the Board of Governors of the Federal 

Reserve System requires to be disclosed under section 

128(e)(11) of the Truth in Lending Act (15 U.S.C. 

1638(e)(11)) to the covered institution, for each type of 

private education loan offered pursuant to such preferred lender arrangement to students of such institution or the families of such students. 

‘‘(II) In the case of an institution-affiliated organization, the information the Board of Governors of the 

Federal Reserve System requires to be disclosed under 

section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 


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1638(e)(1)), for each type of private education loan offered pursuant to such preferred lender arrangement to 

students of the institution with which such organization is affiliated or the families of such students. 

‘‘(B) TIMELY PROVISION OF INFORMATION.—The information described in subparagraph (A) shall be provided in 

a manner that allows for the students or the families to 

take such information into account before selecting a lender 

or applying for an education loan. 

‘‘(2) ANNUAL REPORT.—Each covered institution, and each 

institution-affiliated organization of such covered institution, 

that has a preferred lender arrangement, shall— ‘‘(A) prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, 

for each lender that has a preferred lender arrangement 

with such covered institution or organization— ‘‘(i) the information described in clauses (i) and (ii) 

of paragraph (1)(A); and ‘‘(ii) a detailed explanation of why such covered institution or institution-affiliated organization entered 

into a preferred lender arrangement with the lender, 

including why the terms, conditions, and provisions of 

each type of education loan provided pursuant to the 

preferred lender arrangement are beneficial for students attending such institution, or the families of such 

students, as applicable; and 

‘‘(B) ensure that the report required under subparagraph (A) is made available to the public and provided to 

students attending or planning to attend such covered institution and the families of such students. 

‘‘(3) CODE OF CONDUCT.— ‘‘(A) IN GENERAL.—Each covered institution, and each 

institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall comply 

with the code of conduct requirements of subparagraphs (A) 

through (C) of section 487(a)(25). ‘‘(B) APPLICABLE CODE OF CONDUCT.—For purposes of 

subparagraph (A), an institution-affiliated organization of 

a covered institution shall— ‘‘(i) comply with the code of conduct developed and 

published by such covered institution under subparagraphs (A) and (B) of section 487(a)(25); ‘‘(ii) if such institution-affiliated organization has 

a website, publish such code of conduct prominently on 

the website; and ‘‘(iii) administer and enforce such code of conduct 

by, at a minimum, requiring that all of such organization’s agents with responsibilities with respect to education loans be annually informed of the provisions of 

such code of conduct. 

‘‘SEC. 154. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE FORM FOR INSTITUTIONS PARTICIPATING IN 

THE WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM. 

‘‘(a) PROVISION OF DISCLOSURES TO INSTITUTIONS BY THE SEC- RETARY.—Not later than 180 days after the development of the 


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model disclosure form under section 153(a)(2)(B), the Secretary 

shall provide each institution of higher education participating in 

the William D. Ford Direct Loan Program under part D of title IV 

with a completed model disclosure form including the same information for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS loans made to, or 

on behalf of, students attending each such institution as is required 

on such form for loans described in section 151(3)(A). 

‘‘(b) DUTIES OF INSTITUTIONS.—

‘‘(1) IN GENERAL.—Each institution of higher education participating in the William D. Ford Direct Loan Program under 

part D of title IV shall—

‘‘(A) make the information the Secretary provides to the 

institution under subsection (a) available to students attending or planning to attend the institution, or the families of such students, as applicable; and 

‘‘(B) if the institution provides information regarding a 

private education loan to a prospective borrower, concurrently provide such borrower with the information the Secretary provides to the institution under subsection (a). 

‘‘(2) CHOICE OF FORMS.—In providing the information required under paragraph (1), an institution of higher education 

may use a comparable form designed by the institution instead 

of the model disclosure form developed under section 

153(a)(2)(B).’’. 

TITLE II—TEACHER QUALITY 

ENHANCEMENT 

SEC. 201. TEACHER QUALITY ENHANCEMENT. 

Title II (20 U.S.C. 1021 et seq.) is amended—

(1) by inserting before part A the following: 

‘‘SEC. 200. DEFINITIONS. 

‘‘In this title: 

‘‘(1) ARTS AND SCIENCES.—The term ‘arts and sciences’

means—

‘‘(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 

one or more academic majors in disciplines or content 

areas corresponding to the academic subject matter areas 

in which teachers provide instruction; and 

‘‘(B) when referring to a specific academic subject area, 

the disciplines or content areas in which academic majors 

are offered by the arts and sciences organizational unit. 

‘‘(2) CHILDREN FROM LOW-INCOME FAMILIES.—The term 

‘children from low-income families’ means children described in 

section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965. 

‘‘(3) CORE ACADEMIC SUBJECTS.—The term ‘core academic 

subjects’ has the meaning given the term in section 9101 of the 

Elementary and Secondary Education Act of 1965. 

‘‘(4) EARLY CHILDHOOD EDUCATOR.—The term ‘early childhood educator’ means an individual with primary responsibility 


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for the education of children in an early childhood education 

program. 

‘‘(5) EDUCATIONAL SERVICE AGENCY.—The term ‘educational 

service agency’ has the meaning given the term in section 9101 

of the Elementary and Secondary Education Act of 1965. 

‘‘(6) ELIGIBLE PARTNERSHIP.—Except as otherwise provided 

in section 251, the term ‘eligible partnership’ means an entity 

that—

‘‘(A) shall include—

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

‘‘(ii)(I) a high-need school or a consortium of highneed schools served by the high-need local educational 

agency; or 

‘‘(II) as applicable, a high-need early childhood 

education program; 

‘‘(iii) a partner institution; 

‘‘(iv) a school, department, or program of education 

within such partner institution, which may include an 

existing teacher professional development program 

with proven outcomes within a four-year institution of 

higher education that provides intensive and sustained 

collaboration between faculty and local educational 

agencies consistent with the requirements of this title; 

and 

‘‘(v) a school or department of arts and sciences 

within such partner institution; and 

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

‘‘(i) The Governor of the State. 

‘‘(ii) The State educational agency. 

‘‘(iii) The State board of education. 

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

‘‘(v) A business. 

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

‘‘(vii) An educational service agency. 

‘‘(viii) A teacher organization. 

‘‘(ix) A high-performing local educational agency, 

or a consortium of such local educational agencies, that 

can serve as a resource to the partnership. 

‘‘(x) A charter school (as defined in section 5210 of 

the Elementary and Secondary Education Act of 1965). 

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

‘‘(xii) A school or department within the partner institution with comparable expertise in the disciplines of 

teaching, learning, and child and adolescent development. 

‘‘(xiii) An entity operating a program that provides 

alternative routes to State certification of teachers. 

‘‘(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—

The term ‘essential components of reading instruction’ has the 

meaning given the term in section 1208 of the Elementary and 

Secondary Education Act of 1965. 


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‘‘(8) EXEMPLARY TEACHER.—The term ‘exemplary teacher’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ‘‘(9) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM.— The term ‘high-need early childhood education program’ means 

an early childhood education program serving children from 

low-income families that is located within the geographic area 

served by a high-need local educational agency. ‘‘(10) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘high-need local educational agency’ means a local educational 

agency—

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

families; ‘‘(ii) that serves not fewer than 10,000 children from 

low-income families; ‘‘(iii) that meets the eligibility requirements for funding 

under the Small, Rural School Achievement Program 

under section 6211(b) of the Elementary and Secondary 

Education Act of 1965; or ‘‘(iv) that meets the eligibility requirements for funding 

under the Rural and Low-Income School Program under 

section 6221(b) of the Elementary and Secondary Education 

Act of 1965; and ‘‘(B)(i) for which there is a high percentage of teachers 

not teaching in the academic subject areas or grade levels 

in which the teachers were trained to teach; or ‘‘(ii) for which there is a high teacher turnover rate or 

a high percentage of teachers with emergency, provisional, 

or temporary certification or licensure. 

‘‘(11) HIGH-NEED SCHOOL.— ‘‘(A) IN GENERAL.—The term ‘high-need school’ means 

a school that, based on the most recent data available, 

meets one or both of the following: ‘‘(i) The school is in the highest quartile of schools 

in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled 

in such schools, as determined by the local educational 

agency based on one of the following measures of poverty: ‘‘(I) The percentage of students aged 5 through 

17 in poverty counted in the most recent census 

data approved by the Secretary. ‘‘(II) The percentage of students eligible for a 

free or reduced price school lunch under the Richard B. Russell National School Lunch Act. ‘‘(III) The percentage of students in families receiving assistance under the State program funded 

under part A of title IV of the Social Security Act. 

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

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


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‘‘(ii) In the case of—

‘‘(I) an elementary school, the school serves 

students not less than 60 percent of whom are eligible for a free or reduced price school lunch under 

the Richard B. Russell National School Lunch Act; 

or 

‘‘(II) any other school that is not an elementary 

school, the other school serves students not less 

than 45 percent of whom are eligible for a free or 

reduced price school lunch under the Richard B. 

Russell National School Lunch Act. 

‘‘(B) SPECIAL RULE.—

‘‘(i) DESIGNATION BY THE SECRETARY.—The Secretary may, upon approval of an application submitted 

by an eligible partnership seeking a grant under this 

title, designate a school that does not qualify as a highneed school under subparagraph (A) as a high-need 

school for the purpose of this title. The Secretary shall 

base the approval of an application for designation of 

a school under this clause on a consideration of the information required under clause (ii), and may also take 

into account other information submitted by the eligible partnership. 

‘‘(ii) APPLICATION REQUIREMENTS.—An application 

for designation of a school under clause (i) shall include—

‘‘(I) the number and percentage of students attending such school who are—

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

the Secretary; 

‘‘(bb) eligible for a free or reduced price 

school lunch under the Richard B. Russell National School Lunch Act; 

‘‘(cc) in families receiving assistance under 

the State program funded under part A of title 

IV of the Social Security Act; or 

‘‘(dd) eligible to receive medical assistance 

under the Medicaid program; 

‘‘(II) information about the student academic 

achievement of students at such school; and 

‘‘(III) for a secondary school, the graduation 

rate for such school. 

‘‘(12) HIGHLY COMPETENT.—The term ‘highly competent’, 

when used with respect to an early childhood educator, means 

an educator—

‘‘(A) with specialized education and training in development and education of young children from birth until 

entry into kindergarten; 

‘‘(B) with—

‘‘(i) a baccalaureate degree in an academic major 

in the arts and sciences; or 

‘‘(ii) an associate’s degree in a related educational 

area; and 


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‘‘(C) who has demonstrated a high level of knowledge 

and use of content and pedagogy in the relevant areas associated with quality early childhood education. 

‘‘(13) HIGHLY QUALIFIED.—The term ‘highly qualified’ has 

the meaning given such term in section 9101 of the Elementary 

and Secondary Education Act of 1965 and, with respect to special education teachers, in section 602 of the Individuals with 

Disabilities Education Act. ‘‘(14) INDUCTION PROGRAM.—The term ‘induction program’ means a formalized program for new teachers during not less 

than the teachers’ first two years of teaching that is designed 

to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching 

skills and shall include the following components: ‘‘(A) High-quality teacher mentoring. 

‘‘(B) Periodic, structured time for collaboration with 

teachers in the same department or field, including mentor 

teachers, as well as time for information-sharing among 

teachers, principals, administrators, other appropriate instructional staff, and participating faculty in the partner 

institution. ‘‘(C) The application of empirically-based practice and 

scientifically valid research on instructional practices. ‘‘(D) Opportunities for new teachers to draw directly on 

the expertise of teacher mentors, faculty, and researchers to 

support the integration of empirically-based practice and 

scientifically valid research with practice. ‘‘(E) The development of skills in instructional and behavioral interventions derived from empirically-based practice and, where applicable, scientifically valid research. ‘‘(F) Faculty who— ‘‘(i) model the integration of research and practice 

in the classroom; and 

‘‘(ii) assist new teachers with the effective use and 

integration of technology in the classroom. 

‘‘(G) Interdisciplinary collaboration among exemplary 

teachers, faculty, researchers, and other staff who prepare 

new teachers with respect to the learning process and the 

assessment of learning. 

‘‘(H) Assistance with the understanding of data, particularly student achievement data, and the applicability of 

such data in classroom instruction. 

‘‘(I) Regular and structured observation and evaluation 

of new teachers by multiple evaluators, using valid and reliable measures of teaching skills. 

‘‘(15) LIMITED ENGLISH PROFICIENT.—The term ‘limited 

English proficient’ has the meaning given the term in section 

9101 of the Elementary and Secondary Education Act of 1965. ‘‘(16) PARENT.—The term ‘parent’ has the meaning given 

the term in section 9101 of the Elementary and Secondary Education Act of 1965. ‘‘(17) PARTNER INSTITUTION.—The term ‘partner institution’

means an institution of higher education, which may include a 

two-year institution of higher education offering a dual proVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00058 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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gram with a four-year institution of higher education, participating in an eligible partnership that has a teacher preparation 

program—

‘‘(A) whose graduates exhibit strong performance on 

State-determined qualifying assessments for new teachers 

through—

‘‘(i) demonstrating that 80 percent or more of the 

graduates of the program who intend to enter the field 

of teaching have passed all of the applicable State 

qualification assessments for new teachers, which shall 

include an assessment of each prospective teacher’s 

subject matter knowledge in the content area in which 

the teacher intends to teach; or 

‘‘(ii) being ranked among the highest-performing 

teacher preparation programs in the State as determined by the State—

‘‘(I) using criteria consistent with the requirements for the State report card under section 

205(b) before the first publication of such report 

card; and 

‘‘(II) using the State report card on teacher 

preparation required under section 205(b), after 

the first publication of such report card and for 

every year thereafter; and 

‘‘(B) that requires—

‘‘(i) each student in the program to meet high academic standards or demonstrate a record of success, as 

determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience; 

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

‘‘(iii) each student in the program preparing to become an early childhood educator to meet degree requirements, as established by the State, and become 

highly competent. 

‘‘(18) PRINCIPLES OF SCIENTIFIC RESEARCH.—The term 

‘principles of scientific research’ means principles of research 

that—

‘‘(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to 

education activities and programs; 

‘‘(B) present findings and make claims that are appropriate to, and supported by, the methods that have been 

employed; and 

‘‘(C) include, appropriate to the research being conducted—

‘‘(i) use of systematic, empirical methods that draw 

on observation or experiment; 

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

‘‘(iii) reliance on measurements or observational 

methods that provide reliable and generalizable findings; 


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‘‘(iv) strong claims of causal relationships, only 

with research designs that eliminate plausible competing explanations for observed results, such as, but 

not limited to, random-assignment experiments; ‘‘(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a 

minimum, to offer the opportunity to build systematically on the findings of the research; ‘‘(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and ‘‘(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions. ‘‘(19) PROFESSIONAL DEVELOPMENT.—The term ‘professional 

development’ has the meaning given the term in section 9101 of 

the Elementary and Secondary Education Act of 1965. 

‘‘(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientifically valid research’ includes applied research, basic research, 

and field-initiated research in which the rationale, design, and 

interpretation are soundly developed in accordance with principles of scientific research. ‘‘(21) TEACHER MENTORING.—The term ‘teacher mentoring’ means the mentoring of new or prospective teachers through a 

program that— ‘‘(A) includes clear criteria for the selection of teacher 

mentors who will provide role model relationships for 

mentees, which criteria shall be developed by the eligible 

partnership and based on measures of teacher effectiveness; ‘‘(B) provides high-quality training for such mentors, 

including instructional strategies for literacy instruction 

and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports); 

‘‘(C) provides regular and ongoing opportunities for 

mentors and mentees to observe each other’s teaching methods in classroom settings during the day in a high-need 

school in the high-need local educational agency in the eligible partnership; 

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

‘‘(E) provides mentoring to each mentee by a colleague 

who teaches in the same field, grade, or subject as the 

mentee; 

‘‘(F) promotes empirically-based practice of, and scientifically valid research on, where applicable—

‘‘(i) teaching and learning; 

‘‘(ii) assessment of student learning; 

‘‘(iii) the development of teaching skills through the 

use of instructional and behavioral interventions; and 

‘‘(iv) the improvement of the mentees’ capacity to 

measurably advance student learning; and 

‘‘(G) includes—

‘‘(i) common planning time or regularly scheduled 

collaboration for the mentor and mentee; and 


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‘‘(ii) joint professional development opportunities. 

‘‘(22) TEACHING RESIDENCY PROGRAM.—The term ‘teaching 

residency program’ means a school-based teacher preparation 

program in which a prospective teacher—

‘‘(A) for one academic year, teaches alongside a mentor 

teacher, who is the teacher of record; 

‘‘(B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, 

which courses may be taught by local educational agency 

personnel or residency program faculty, in the teaching of 

the content area in which the teacher will become certified 

or licensed; 

‘‘(C) acquires effective teaching skills; and 

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

‘‘(23) TEACHING SKILLS.—The term ‘teaching skills’ means 

skills that enable a teacher to—

‘‘(A) increase student learning, achievement, and the 

ability to apply knowledge; 

‘‘(B) effectively convey and explain academic subject 

matter; 

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

‘‘(D) employ strategies grounded in the disciplines of 

teaching and learning that—

‘‘(i) are based on empirically-based practice and 

scientifically valid research, where applicable, related 

to teaching and learning; 

‘‘(ii) are specific to academic subject matter; and 

‘‘(iii) focus on the identification of students’ specific 

learning needs, particularly students with disabilities, 

students who are limited English proficient, students 

who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction 

to such needs; 

‘‘(E) conduct an ongoing assessment of student learning, which may include the use of formative assessments, 

performance-based assessments, project-based assessments, 

or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and 

evaluation); 

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

‘‘(G) communicate and work with parents, and involve 

parents in their children’s education; and 

‘‘(H) use, in the case of an early childhood educator, 

age-appropriate and developmentally appropriate strategies 

and practices for children in early childhood education programs.’’; 

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


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‘‘PART A—TEACHER QUALITY PARTNERSHIP 

GRANTS 

‘‘SEC. 201. PURPOSES. 

‘‘The purposes of this part are to—

‘‘(1) improve student achievement; 

‘‘(2) improve the quality of prospective and new teachers by 

improving the preparation of prospective teachers and enhancing professional development activities for new teachers; 

‘‘(3) hold teacher preparation programs at institutions of 

higher education accountable for preparing highly qualified 

teachers; and 

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

force. 

‘‘SEC. 202. PARTNERSHIP GRANTS. 

‘‘(a) PROGRAM AUTHORIZED.—From amounts made available 

under section 209, the Secretary is authorized to award grants, on 

a competitive basis, to eligible partnerships, to enable the eligible 

partnerships to carry out the activities described in subsection (c). ‘‘(b) APPLICATION.—Each eligible partnership desiring a grant 

under this section shall submit an application to the Secretary at 

such time, in such manner, and accompanied by such information 

as the Secretary may require. Each such application shall contain—

‘‘(1) a needs assessment of the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention of general education and 

special education teachers, principals, and, as applicable, early 

childhood educators; 

‘‘(2) a description of the extent to which the program to be 

carried out with grant funds, as described in subsection (c), will 

prepare prospective and new teachers with strong teaching 

skills; 

‘‘(3) a description of how such program will prepare prospective and new teachers to understand and use research and 

data to modify and improve classroom instruction; 

‘‘(4) a description of—

‘‘(A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other 

teacher preparation or professional development programs, 

including programs funded under the Elementary and Secondary Education Act of 1965 and the Individuals with 

Disabilities Education Act, and through the National 

Science Foundation; and 

‘‘(B) how the activities of the partnership will be consistent with State, local, and other education reform activities that promote teacher quality and student academic 

achievement; 

‘‘(5) an assessment that describes the resources available to 

the eligible partnership, including—

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

‘‘(B) the intended use of the grant funds; and 

‘‘(C) the commitment of the resources of the partnership 

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cial support, faculty participation, and time commitments, 

and to the continuation of the activities when the grant 

ends; 

‘‘(6) a description of— ‘‘(A) how the eligible partnership will meet the purposes 

of this part; ‘‘(B) how the partnership will carry out the activities 

required under subsection (d) or (e), based on the needs 

identified in paragraph (1), with the goal of improving student academic achievement; ‘‘(C) if the partnership chooses to use funds under this 

section for a project or activities under subsection (f) or (g), 

how the partnership will carry out such project or required 

activities based on the needs identified in paragraph (1), 

with the goal of improving student academic achievement; ‘‘(D) the partnership’s evaluation plan under section 

204(a); ‘‘(E) how the partnership will align the teacher preparation program under subsection (c) with the— ‘‘(i) State early learning standards for early childhood education programs, as appropriate, and with the 

relevant domains of early childhood development; and ‘‘(ii) student academic achievement standards and 

academic content standards under section 1111(b)(2) of 

the Elementary and Secondary Education Act of 1965, 

established by the State in which the partnership is located; 

‘‘(F) how the partnership will prepare general education teachers to teach students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 

614(d)(1)(B) of the Individuals with Disabilities Education 

Act; ‘‘(G) how the partnership will prepare general education and special education teachers to teach students who 

are limited English proficient; 

‘‘(H) how faculty at the partner institution will work, 

during the term of the grant, with highly qualified teachers 

in the classrooms of high-need schools served by the highneed local educational agency in the partnership to—

‘‘(i) provide high-quality professional development 

activities to strengthen the content knowledge and 

teaching skills of elementary school and secondary 

school teachers; and 

‘‘(ii) train other classroom teachers to implement 

literacy programs that incorporate the essential components of reading instruction; 

‘‘(I) how the partnership will design, implement, or enhance a year-long and rigorous teaching preservice clinical 

program component; 

‘‘(J) how the partnership will support in-service professional development strategies and activities; and 

‘‘(K) how the partnership will collect, analyze, and use 

data on the retention of all teachers and early childhood 

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grams located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and educator support system; and 

‘‘(7) with respect to the induction program required as part 

of the activities carried out under this section— ‘‘(A) a demonstration that the schools and departments 

within the institution of higher education that are part of 

the induction program will effectively prepare teachers, including providing content expertise and expertise in teaching, as appropriate; ‘‘(B) a demonstration of the eligible partnership’s capability and commitment to, and the accessibility to and involvement of faculty in, the use of empirically-based practice and scientifically valid research on teaching and learning; ‘‘(C) a description of how the teacher preparation program will design and implement an induction program to 

support, through not less than the first two years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the 

high-need local educational agency in the partnership, and, 

to the extent practicable, all new teachers who teach in 

such high-need local educational agency, in the further development of the new teachers’ teaching skills, including the 

use of mentors who are trained and compensated by such 

program for the mentors’ work with new teachers; and ‘‘(D) a description of how faculty involved in the induction program will be able to substantially participate in an 

early childhood education program or an elementary school 

or secondary school classroom setting, as applicable, including release time and receiving workload credit for such 

participation. ‘‘(c) USE OF GRANT FUNDS.—An eligible partnership that receives a grant under this section— ‘‘(1) shall use grant funds to carry out a program for the 

pre-baccalaureate preparation of teachers under subsection (d), 

a teaching residency program under subsection (e), or a combination of such programs; and ‘‘(2) may use grant funds to carry out a leadership development program under subsection (f). 

‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCALAUREATE PREPARATION OF TEACHERS.—An eligible partnership that receives a grant 

to carry out an effective program for the pre-baccalaureate preparation of teachers shall carry out a program that includes all of the 

following: 

‘‘(1) REFORMS.—

‘‘(A) IN GENERAL.—Implementing reforms, described in 

subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for 

early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for— ‘‘(i) preparing— ‘‘(I) new or prospective teachers to be highly 

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tricts who may teach multiple subjects, special 

educators, and teachers of students who are limited English proficient who may teach multiple 

subjects); ‘‘(II) such teachers and, as applicable, early 

childhood educators, to understand empiricallybased practice and scientifically valid research related to teaching and learning and the applicability of such practice and research, including 

through the effective use of technology, instructional techniques, and strategies consistent with 

the principles of universal design for learning, and 

through positive behavioral interventions and support strategies to improve student achievement; 

and ‘‘(III) as applicable, early childhood educators 

to be highly competent; and 

‘‘(ii) promoting strong teaching skills and, as applicable, techniques for early childhood educators to 

improve children’s cognitive, social, emotional, and 

physical development. 

‘‘(B) REQUIRED REFORMS.—The reforms described in 

subparagraph (A) shall include— ‘‘(i) implementing teacher preparation program 

curriculum changes that improve, evaluate, and assess 

how well all prospective and new teachers develop 

teaching skills; ‘‘(ii) using empirically-based practice and scientifically valid research, where applicable, about teaching 

and learning so that all prospective teachers and, as 

applicable, early childhood educators— ‘‘(I) understand and can implement researchbased teaching practices in classroom instruction; ‘‘(II) have knowledge of student learning methods; 

‘‘(III) possess skills to analyze student academic achievement data and other measures of 

student learning, and use such data and measures 

to improve classroom instruction; 

‘‘(IV) possess teaching skills and an understanding of effective instructional strategies across 

all applicable content areas that enable general 

education and special education teachers and early 

childhood educators to—

‘‘(aa) meet the specific learning needs of 

all students, including students with disabilities, students who are limited English proficient, students who are gifted and talented, 

students with low literacy levels and, as applicable, children in early childhood education 

programs; and 

‘‘(bb) differentiate instruction for such students; 

‘‘(V) can effectively participate as a member of 

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fined in section 614(d)(1)(B) of the Individuals 

with Disabilities Education Act; and 

‘‘(VI) can successfully employ effective strategies for reading instruction using the essential 

components of reading instruction; 

‘‘(iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the 

teacher preparation program in all academic content 

areas to ensure that prospective teachers receive training in both teaching and relevant content areas in 

order to become highly qualified, which may include 

training in multiple subjects to teach multiple grade 

levels as may be needed for individuals preparing to 

teach in rural communities and for individuals preparing to teach students with disabilities as described 

in section 602(10)(D) of the Individuals with Disabilities Education Act; 

‘‘(iv) developing and implementing an induction 

program; 

‘‘(v) developing admissions goals and priorities 

aligned with the hiring objectives of the high-need local 

educational agency in the eligible partnership; and 

‘‘(vi) implementing program and curriculum 

changes, as applicable, to ensure that prospective 

teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses successfully. 

‘‘(2) CLINICAL EXPERIENCE AND INTERACTION.—Developing 

and improving a sustained and high-quality preservice clinical 

education program to further develop the teaching skills of all 

prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the following: 

‘‘(A) Incorporate year-long opportunities for enrichment, including—

‘‘(i) clinical learning in classrooms in high-need 

schools served by the high-need local educational agency in the eligible partnership, and identified by the eligible partnership; and 

‘‘(ii) closely supervised interaction between prospective teachers and faculty, experienced teachers, principals, other administrators, and school leaders at 

early childhood education programs (as applicable), elementary schools, or secondary schools, and providing 

support for such interaction. 

‘‘(B) Integrate pedagogy and classroom practice and 

promote effective teaching skills in academic content areas. 

‘‘(C) Provide high-quality teacher mentoring. 

‘‘(D) Be offered over the course of a program of teacher 

preparation. 

‘‘(E) Be tightly aligned with course work (and may be 

developed as a fifth year of a teacher preparation program). 

‘‘(F) Where feasible, allow prospective teachers to learn 

to teach in the same local educational agency in which the 


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teachers will work, learning the instructional initiatives 

and curriculum of that local educational agency. ‘‘(G) As applicable, provide training and experience to 

enhance the teaching skills of prospective teachers to better 

prepare such teachers to meet the unique needs of teaching 

in rural or urban communities. ‘‘(H) Provide support and training for individuals participating in an activity for prospective or new teachers described in this paragraph or paragraph (1) or (3), and for 

individuals who serve as mentors for such teachers, based 

on each individual’s experience. Such support may include— ‘‘(i) with respect to a prospective teacher or a mentor, release time for such individual’s participation; ‘‘(ii) with respect to a faculty member, receiving 

course workload credit and compensation for time 

teaching in the eligible partnership’s activities; and ‘‘(iii) with respect to a mentor, a stipend, which 

may include bonus, differential, incentive, or performance pay, based on the mentor’s extra skills and responsibilities. ‘‘(3) INDUCTION PROGRAMS FOR NEW TEACHERS.—Creating 

an induction program for new teachers or, in the case of an 

early childhood education program, providing mentoring or 

coaching for new early childhood educators. ‘‘(4) SUPPORT AND TRAINING FOR PARTICIPANTS IN EARLY

CHILDHOOD EDUCATION PROGRAMS.—In the case of an eligible 

partnership focusing on early childhood educator preparation, 

implementing initiatives that increase compensation for early 

childhood educators who attain associate or baccalaureate degrees in early childhood education. ‘‘(5) TEACHER RECRUITMENT.—Developing and implementing effective mechanisms (which may include alternative 

routes to State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals to become highly qualified teachers through the activities of the eligible partnership, which may include an emphasis on recruiting into the teaching profession— ‘‘(A) individuals from under represented populations; 

‘‘(B) individuals to teach in rural communities and 

teacher shortage areas, including mathematics, science, special education, and the instruction of limited English proficient students; and ‘‘(C) mid-career professionals from other occupations, 

former military personnel, and recent college graduates 

with a record of academic distinction. 

‘‘(6) LITERACY TRAINING.—Strengthening the literacy teaching skills of prospective and, as applicable, new elementary 

school and secondary school teachers— ‘‘(A) to implement literacy programs that incorporate 

the essential components of reading instruction; ‘‘(B) to use screening, diagnostic, formative, and 

summative assessments to determine students’ literacy levels, difficulties, and growth in order to improve classroom 

instruction and improve student reading and writing skills; 


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‘‘(C) to provide individualized, intensive, and targeted 

literacy instruction for students with deficiencies in literacy 

skills; and ‘‘(D) to integrate literacy skills in the classroom across 

subject areas. ‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT OF TEACH- ING RESIDENCY PROGRAMS.— ‘‘(1) IN GENERAL.—An eligible partnership receiving a grant 

to carry out an effective teaching residency program shall carry 

out a program that includes all of the following activities: ‘‘(A) Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, 

as determined by the needs of the high-need local educational agency in the partnership. ‘‘(B) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, 

both among graduates of the teaching residency program 

and between such graduates and mentor teachers in the receiving school. ‘‘(C) Ensuring that teaching residents who participate 

in the teaching residency program receive— ‘‘(i) effective preservice preparation as described in 

paragraph (2); ‘‘(ii) teacher mentoring; 

‘‘(iii) support required through the induction program as the teaching residents enter the classroom as 

new teachers; and ‘‘(iv) the preparation described in subparagraphs 

(A), (B), and (C) of subsection (d)(2). ‘‘(2) TEACHING RESIDENCY PROGRAMS.—

‘‘(A) ESTABLISHMENT AND DESIGN.—A teaching residency program under this paragraph shall be a program 

based upon models of successful teaching residencies that 

serves as a mechanism to prepare teachers for success in 

the high-need schools in the eligible partnership, and shall 

be designed to include the following characteristics of successful programs: 

‘‘(i) The integration of pedagogy, classroom practice, and teacher mentoring. 

‘‘(ii) Engagement of teaching residents in rigorous 

graduate-level course work to earn a master’s degree 

while undertaking a guided teaching apprenticeship. 

‘‘(iii) Experience and learning opportunities alongside a trained and experienced mentor teacher—

‘‘(I) whose teaching shall complement the residency program so that classroom clinical practice 

is tightly aligned with coursework; 

‘‘(II) who shall have extra responsibilities as a 

teacher leader of the teaching residency program, 

as a mentor for residents, and as a teacher coach 

during the induction program for new teachers, 

and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and 


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‘‘(III) who may be relieved from teaching duties as a result of such additional responsibilities. 

‘‘(iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher 

effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based 

on, but not limited to, observations of the following: 

‘‘(I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative and diagnostic assessments to improve student learning. 

‘‘(II) Appropriate instruction that engages students with different learning styles. 

‘‘(III) Collaboration with colleagues to improve 

instruction. 

‘‘(IV) Analysis of gains in student learning, 

based on multiple measures that are valid and reliable and that, when feasible, may include valid, 

reliable, and objective measures of the influence of 

teachers on the rate of student academic progress. 

‘‘(V) In the case of mentor candidates who will 

be mentoring new or prospective literacy and 

mathematics coaches or instructors, appropriate 

skills in the essential components of reading instruction, teacher training in literacy instructional 

strategies across core subject areas, and teacher 

training in mathematics instructional strategies, 

as appropriate. 

‘‘(v) Grouping of teaching residents in cohorts to 

facilitate professional collaboration among such residents. 

‘‘(vi) The development of admissions goals and priorities—

‘‘(I) that are aligned with the hiring objectives 

of the local educational agency partnering with the 

program, as well as the instructional initiatives 

and curriculum of such agency, in exchange for a 

commitment by such agency to hire qualified graduates from the teaching residency program; and 

‘‘(II) which may include consideration of applicants who reflect the communities in which they 

will teach as well as consideration of individuals 

from underrepresented populations in the teaching 

profession. 

‘‘(vii) Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through 

not less than the residents’ first two years of teaching. 

‘‘(B) SELECTION OF INDIVIDUALS AS TEACHER RESIDENTS.—

‘‘(i) ELIGIBLE INDIVIDUAL.—In order to be eligible 

to be a teacher resident in a teaching residency program under this paragraph, an individual shall—


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‘‘(I) be a recent graduate of a four-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of 

professional accomplishment; and ‘‘(II) submit an application to the teaching 

residency program. 

‘‘(ii) SELECTION CRITERIA.—An eligible partnership 

carrying out a teaching residency program under this 

subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics: ‘‘(I) Strong content knowledge or record of accomplishment in the field or subject area to be 

taught. ‘‘(II) Strong verbal and written communication 

skills, which may be demonstrated by performance 

on appropriate tests. ‘‘(III) Other attributes linked to effective teaching, which may be determined by interviews or 

performance assessments, as specified by the eligible partnership. ‘‘(C) STIPENDS OR SALARIES; APPLICATIONS; AGREE- MENTS; REPAYMENTS.— ‘‘(i) STIPENDS OR SALARIES.—A teaching residency 

program under this subsection shall provide a one-year 

living stipend or salary to teaching residents during 

the one-year teaching residency program. ‘‘(ii) APPLICATIONS FOR STIPENDS OR SALARIES.—

Each teacher residency candidate desiring a stipend or 

salary during the period of residency shall submit an 

application to the eligible partnership at such time, 

and containing such information and assurances, as 

the eligible partnership may require. ‘‘(iii) AGREEMENTS TO SERVE.—Each application 

submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will— ‘‘(I) serve as a full-time teacher for a total of 

not less than three academic years immediately 

after successfully completing the one-year teaching 

residency program; ‘‘(II) fulfill the requirement under subclause (I) 

by teaching in a high-need school served by the 

high-need local educational agency in the eligible 

partnership and teach a subject or area that is 

designated as high need by the partnership; ‘‘(III) provide to the eligible partnership a certificate, from the chief administrative officer of the 

local educational agency in which the resident is 

employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon 

completion of, each year or partial year of service; 

‘‘(IV) meet the requirements to be a highly 

qualified teacher, as defined in section 9101 of the 

Elementary and Secondary Education Act of 1965, 


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or section 602 of the Individuals with Disabilities 

Education Act, when the applicant begins to fulfill 

the service obligation under this clause; and ‘‘(V) comply with the requirements set by the 

eligible partnership under clause (iv) if the applicant is unable or unwilling to complete the service 

obligation required by this clause. 

‘‘(iv) REPAYMENTS.— ‘‘(I) IN GENERAL.—A grantee carrying out a 

teaching residency program under this paragraph 

shall require a recipient of a stipend or salary 

under clause (i) who does not complete, or who notifies the partnership that the recipient intends not 

to complete, the service obligation required by 

clause (iii) to repay such stipend or salary to the 

eligible partnership, together with interest, at a 

rate specified by the partnership in the agreement, 

and in accordance with such other terms and conditions specified by the eligible partnership, as necessary. ‘‘(II) OTHER TERMS AND CONDITIONS.—Any 

other terms and conditions specified by the eligible 

partnership may include reasonable provisions for 

pro-rata repayment of the stipend or salary described in clause (i) or for deferral of a teaching 

resident’s service obligation required by clause (iii), 

on grounds of health, incapacitation, inability to 

secure employment in a school served by the eligible partnership, being called to active duty in the 

Armed Forces of the United States, or other extraordinary circumstances. ‘‘(III) USE OF REPAYMENTS.—An eligible partnership shall use any repayment received under 

this clause to carry out additional activities that 

are consistent with the purposes of this subsection. ‘‘(f) PARTNERSHIP GRANTS FOR THE DEVELOPMENT OF LEADER- SHIP PROGRAMS.— ‘‘(1) IN GENERAL.—An eligible partnership that receives a 

grant under this section may carry out an effective school leadership program, which may be carried out in partnership with 

a local educational agency located in a rural area and that 

shall include all of the following activities: ‘‘(A) Preparing individuals enrolled or preparing to enroll in school leadership programs for careers as superintendents, principals, early childhood education program 

directors, or other school leaders (including individuals 

preparing to work in local educational agencies located in 

rural areas who may perform multiple duties in addition 

to the role of a school leader). ‘‘(B) Promoting strong leadership skills and, as applicable, techniques for school leaders to effectively—

‘‘(i) create and maintain a data-driven, professional learning community within the leader’s school; 

‘‘(ii) provide a climate conducive to the professional 

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dent academic achievement and the development of effective instructional leadership skills; 

‘‘(iii) understand the teaching and assessment 

skills needed to support successful classroom instruction and to use data to evaluate teacher instruction 

and drive teacher and student learning; 

‘‘(iv) manage resources and school time to improve 

student academic achievement and ensure the school 

environment is safe; 

‘‘(v) engage and involve parents, community members, the local educational agency, businesses, and 

other community leaders, to leverage additional resources to improve student academic achievement; and 

‘‘(vi) understand how students learn and develop 

in order to increase academic achievement for all students. 

‘‘(C) Ensuring that individuals who participate in the 

school leadership program receive—

‘‘(i) effective preservice preparation as described in 

subparagraph (D); 

‘‘(ii) mentoring; and 

‘‘(iii) if applicable, full State certification or licensure to become a school leader. 

‘‘(D) Developing and improving a sustained and highquality preservice clinical education program to further develop the leadership skills of all prospective school leaders 

involved in the program. Such clinical education program 

shall do the following: 

‘‘(i) Incorporate year-long opportunities for enrichment, including—

‘‘(I) clinical learning in high-need schools 

served by the high-need local educational agency 

or a local educational agency located in a rural 

area in the eligible partnership and identified by 

the eligible partnership; and 

‘‘(II) closely supervised interaction between 

prospective school leaders and faculty, new and experienced teachers, and new and experienced 

school leaders, in such high-need schools. 

‘‘(ii) Integrate pedagogy and practice and promote 

effective leadership skills, meeting the unique needs of 

urban, rural, or geographically isolated communities, 

as applicable. 

‘‘(iii) Provide for mentoring of new school leaders. 

‘‘(E) Creating an induction program for new school 

leaders. 

‘‘(F) Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become school leaders 

through the activities of the eligible partnership, which 

may include an emphasis on recruiting into school leadership professions—

‘‘(i) individuals from underrepresented populations; 


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‘‘(ii) individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and school leader 

shortage areas; and ‘‘(iii) mid-career professionals from other occupations, former military personnel, and recent college 

graduates with a record of academic distinction. ‘‘(2) SELECTION OF INDIVIDUALS FOR THE LEADERSHIP PRO- GRAM.—In order to be eligible for the school leadership program 

under this subsection, an individual shall be enrolled in or preparing to enroll in an institution of higher education, and 

shall— ‘‘(A) be a— ‘‘(i) recent graduate of an institution of higher education; ‘‘(ii) mid-career professional from outside the field 

of education with strong content knowledge or a record 

of professional accomplishment; ‘‘(iii) current teacher who is interested in becoming 

a school leader; or ‘‘(iv) school leader who is interested in becoming a 

superintendent; and 

‘‘(B) submit an application to the leadership program. ‘‘(g) PARTNERSHIP WITH DIGITAL EDUCATION CONTENT DEVEL- OPER.—An eligible partnership that receives a grant under this section may use grant funds provided to carry out the activities described in subsection (d) or (e), or both, to partner with a television 

public broadcast station, as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)), or another entity that develops digital educational content, for the purpose of improving the 

quality of pre-baccalaureate teacher preparation programs or to enhance the quality of preservice training for prospective teachers. ‘‘(h) EVALUATION AND REPORTING.—The Secretary shall— ‘‘(1) evaluate the programs assisted under this section; and 

‘‘(2) make publicly available a report detailing the Secretary’s evaluation of each such program. ‘‘(i) CONSULTATION.— ‘‘(1) IN GENERAL.—Members of an eligible partnership that 

receives a grant under this section shall engage in regular consultation throughout the development and implementation of 

programs and activities carried out under this section. ‘‘(2) REGULAR COMMUNICATION.—To ensure timely and 

meaningful consultation as described in paragraph (1), regular 

communication shall occur among all members of the eligible 

partnership, including the high-need local educational agency. 

Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section. 

‘‘(3) WRITTEN CONSENT.—The Secretary may approve 

changes in grant activities of a grant under this section only if 

the eligible partnership submits to the Secretary a written consent of such changes signed by all members of the eligible partnership. 

‘‘(j) CONSTRUCTION.—Nothing in this section shall be construed 

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nate with the activities of eligible partnerships in other States or on 

a regional basis through Governors, State boards of education, State 

educational agencies, State agencies responsible for early childhood 

education, local educational agencies, or State agencies for higher 

education. 

‘‘(k) SUPPLEMENT, NOT SUPPLANT.—Funds made available 

under this section shall be used to supplement, and not supplant, 

other Federal, State, and local funds that would otherwise be expended to carry out activities under this section. 

‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 

‘‘(a) DURATION; NUMBER OF AWARDS; PAYMENTS.—

‘‘(1) DURATION.—A grant awarded under this part shall be 

awarded for a period of five years. 

‘‘(2) NUMBER OF AWARDS.—An eligible partnership may not 

receive more than one grant during a five-year period. Nothing 

in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that 

receives a grant under this title from entering into another eligible partnership consisting of new members and receiving a 

grant with such other eligible partnership before the five-year 

period described in the preceding sentence applicable to the eligible partnership with which the individual member has first 

partnered has expired. 

‘‘(b) PEER REVIEW.—

‘‘(1) PANEL.—The Secretary shall provide the applications 

submitted under this part to a peer review panel for evaluation. 

With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. 

‘‘(2) PRIORITY.—The Secretary, in funding applications 

under this part, shall give priority—

‘‘(A) to eligible partnerships that include an institution 

of higher education whose teacher preparation program has 

a rigorous selection process to ensure the highest quality of 

students entering such program; and 

‘‘(B)(i) to applications from broad-based eligible partnerships that involve businesses and community organizations; or 

‘‘(ii) to eligible partnerships so that the awards promote 

an equitable geographic distribution of grants among rural 

and urban areas. 

‘‘(3) SECRETARIAL SELECTION.—The Secretary shall determine, based on the peer review process, which applications 

shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the 

total amount of funds available for all grants under this part 

and the types of activities proposed to be carried out by the eligible partnership. 

‘‘(c) MATCHING REQUIREMENTS.—

‘‘(1) IN GENERAL.—Each eligible partnership receiving a 

grant under this part shall provide, from non-Federal sources, 

an amount equal to 100 percent of the amount of the grant, 

which may be provided in cash or in-kind, to carry out the activities supported by the grant. 


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‘‘(2) WAIVER.—The Secretary may waive all or part of the 

matching requirement described in paragraph (1) for any fiscal 

year for an eligible partnership if the Secretary determines that 

applying the matching requirement to the eligible partnership 

would result in serious hardship or an inability to carry out the 

authorized activities described in this part. 

‘‘(d) LIMITATION ON ADMINISTRATIVE EXPENSES.—An eligible 

partnership that receives a grant under this part may use not more 

than two percent of the funds provided to administer the grant. 

‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. 

‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each eligible partnership submitting an application for a grant under this part shall 

establish, and include in such application, an evaluation plan that 

includes strong and measurable performance objectives. The plan 

shall include objectives and measures for increasing— ‘‘(1) achievement for all prospective and new teachers, as 

measured by the eligible partnership; ‘‘(2) teacher retention in the first three years of a teacher’s 

career; ‘‘(3) improvement in the pass rates and scaled scores for 

initial State certification or licensure of teachers; and ‘‘(4)(A) the percentage of highly qualified teachers hired by 

the high-need local educational agency participating in the eligible partnership; ‘‘(B) the percentage of highly qualified teachers hired by the 

high-need local educational agency who are members of underrepresented groups; ‘‘(C) the percentage of highly qualified teachers hired by the 

high-need local educational agency who teach high-need academic subject areas (such as reading, mathematics, science, and 

foreign language, including less commonly taught languages 

and critical foreign languages); ‘‘(D) the percentage of highly qualified teachers hired by the 

high-need local educational agency who teach in high-need 

areas (including special education, language instruction educational programs for limited English proficient students, and 

early childhood education); ‘‘(E) the percentage of highly qualified teachers hired by the 

high-need local educational agency who teach in high-need 

schools, disaggregated by the elementary school and secondary 

school levels; ‘‘(F) as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are 

highly competent; and ‘‘(G) as applicable, the percentage of teachers trained— ‘‘(i) to integrate technology effectively into curricula and 

instruction, including technology consistent with the principles of universal design for learning; and ‘‘(ii) to use technology effectively to collect, manage, and 

analyze data to improve teaching and learning for the purpose of improving student academic achievement. ‘‘(b) INFORMATION.—An eligible partnership receiving a grant 

under this part shall ensure that teachers, principals, school superintendents, faculty, and leadership at institutions of higher eduVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00075 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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cation located in the geographic areas served by the eligible partnership are provided information, including through electronic means, 

about the activities carried out with funds under this part. ‘‘(c) REVISED APPLICATION.—If the Secretary determines that an 

eligible partnership receiving a grant under this part is not making 

substantial progress in meeting the purposes, goals, objectives, and 

measures of the grant, as appropriate, by the end of the third year 

of a grant under this part, then the Secretary— ‘‘(1) shall cancel the grant; and 

‘‘(2) may use any funds returned or available because of 

such cancellation under paragraph (1) to— ‘‘(A) increase other grant awards under this part; or 

‘‘(B) award new grants to other eligible partnerships 

under this part. ‘‘(d) EVALUATION AND DISSEMINATION.—The Secretary shall 

evaluate the activities funded under this part and report the findings regarding the evaluation of such activities to the authorizing 

committees. The Secretary shall broadly disseminate— ‘‘(1) successful practices developed by eligible partnerships 

under this part; and ‘‘(2) information regarding such practices that were found 

to be ineffective. 

‘‘SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS. 

‘‘(a) INSTITUTIONAL AND PROGRAM REPORT CARDS ON THE

QUALITY OF TEACHER PREPARATION.— ‘‘(1) REPORT CARD.—Each institution of higher education 

that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and 

that enrolls students receiving Federal assistance under this Act 

shall report annually to the State and the general public, in a 

uniform and comprehensible manner that conforms with the 

definitions and methods established by the Secretary, the following: 

‘‘(A) GOALS AND ASSURANCES.—

‘‘(i) For the most recent year for which the information is available for the institution—

‘‘(I) whether the goals set under section 206 

have been met; and 

‘‘(II) a description of the activities the institution implemented to achieve such goals. 

‘‘(ii) A description of the steps the institution is 

taking to improve its performance in meeting the annual goals set under section 206. 

‘‘(iii) A description of the activities the institution 

has implemented to meet the assurances provided 

under section 206. 

‘‘(B) PASS RATES AND SCALED SCORES.—For the most 

recent year for which the information is available for those 

students who took the assessments used for teacher certification or licensure by the State in which the program is located and are enrolled in the traditional teacher preparation program or alternative routes to State certification or 

licensure program, and for those who have taken such assessments and have completed the traditional teacher prepVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00076 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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aration program or alternative routes to State certification 

or licensure program during the two-year period preceding 

such year, for each of such assessments— ‘‘(i) the percentage of students who have completed 

100 percent of the nonclinical coursework and taken 

the assessment who pass such assessment; ‘‘(ii) the percentage of all students who passed such 

assessment; ‘‘(iii) the percentage of students who have taken 

such assessment who enrolled in and completed the 

traditional teacher preparation program or alternative 

routes to State certification or licensure program, as 

applicable; ‘‘(iv) the average scaled score for all students who 

took such assessment; ‘‘(v) a comparison of the program’s pass rates with 

the average pass rates for programs in the State; and ‘‘(vi) a comparison of the program’s average scaled 

scores with the average scaled scores for programs in 

the State. 

‘‘(C) PROGRAM INFORMATION.—A description of— ‘‘(i) the criteria for admission into the program; 

‘‘(ii) the number of students in the program 

(disaggregated by race, ethnicity, and gender); ‘‘(iii) the average number of hours of supervised 

clinical experience required for those in the program; ‘‘(iv) the number of full-time equivalent faculty and 

students in the supervised clinical experience; and ‘‘(v) the total number of students who have been 

certified or licensed as teachers, disaggregated by subject and area of certification or licensure. 

‘‘(D) STATEMENT.—In States that require approval or 

accreditation of teacher preparation programs, a statement 

of whether the institution’s program is so approved or accredited, and by whom. ‘‘(E) DESIGNATION AS LOW-PERFORMING.—Whether the 

program has been designated as low-performing by the 

State under section 207(a). ‘‘(F) USE OF TECHNOLOGY.—A description of the activities, including activities consistent with the principles of 

universal design for learning, that prepare teachers to integrate technology effectively into curricula and instruction, 

and to use technology effectively to collect, manage, and 

analyze data in order to improve teaching and learning for 

the purpose of increasing student academic achievement. ‘‘(G) TEACHER TRAINING.—A description of the activities 

that prepare general education and special education teachers to teach students with disabilities effectively, including 

training related to participation as a member of individualized education program teams, as defined in section 

614(d)(1)(B) of the Individuals with Disabilities Education 

Act, and to effectively teach students who are limited 

English proficient. 

‘‘(2) REPORT.—Each eligible partnership receiving a grant 

under section 202 shall report annually on the progress of the 


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eligible partnership toward meeting the purposes of this part 

and the objectives and measures described in section 204(a). 

‘‘(3) FINES.—The Secretary may impose a fine not to exceed 

$27,500 on an institution of higher education for failure to provide the information described in this subsection in a timely or 

accurate manner. 

‘‘(4) SPECIAL RULE.—In the case of an institution of higher 

education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(B), with respect to an average pass rate and scaled score on each State certification or 

licensure assessment taken over a three-year period. 

‘‘(b) STATE REPORT CARD ON THE QUALITY OF TEACHER PREPARATION.—

‘‘(1) IN GENERAL.—Each State that receives funds under 

this Act shall provide to the Secretary, and make widely available to the general public, in a uniform and comprehensible 

manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the 

quality of teacher preparation in the State, both for traditional 

teacher preparation programs and for alternative routes to 

State certification or licensure programs, which shall include 

not less than the following: 

‘‘(A) A description of the reliability and validity of the 

teacher certification and licensure assessments, and any 

other certification and licensure requirements, used by the 

State. 

‘‘(B) The standards and criteria that prospective teachers must meet to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subjects, areas, or grades within the State. 

‘‘(C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the 

State’s challenging academic content standards required 

under section 1111(b)(1) of the Elementary and Secondary 

Education Act of 1965 and, as applicable, State early 

learning standards for early childhood education programs. 

‘‘(D) For each of the assessments used by the State for 

teacher certification or licensure—

‘‘(i) for each institution of higher education located 

in the State and each entity located in the State, including those that offer an alternative route for teacher 

certification or licensure, the percentage of students at 

such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment; 

‘‘(ii) the percentage of all such students at all such 

institutions and entities who have taken the assessment 

who pass such assessment; 


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‘‘(iii) the percentage of students who have taken the 

assessment who enrolled in and completed a teacher 

preparation program; and ‘‘(iv) the average scaled score of individuals participating in such a program, or who have completed 

such a program during the two-year period preceding 

the first year for which the annual State report card is 

provided, who took each such assessment. 

‘‘(E) A description of alternative routes to teacher certification or licensure in the State (including any such 

routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments 

used by the State for teacher certification or licensure— ‘‘(i) the percentage of individuals participating in 

such routes, or who have completed such routes during 

the two-year period preceding the date for which the 

determination is made, who passed each such assessment; and ‘‘(ii) the average scaled score of individuals participating in such routes, or who have completed such 

routes during the two-year period preceding the first 

year for which the annual State report card is provided, who took each such assessment. 

‘‘(F) A description of the State’s criteria for assessing 

the performance of teacher preparation programs within institutions of higher education in the State. Such criteria 

shall include indicators of the academic content knowledge 

and teaching skills of students enrolled in such programs. ‘‘(G) For each teacher preparation program in the 

State— ‘‘(i) the criteria for admission into the program; 

‘‘(ii) the number of students in the program, 

disaggregated by race, ethnicity, and gender (except 

that such disaggregation shall not be required in a 

case in which the number of students in a category is 

insufficient to yield statistically reliable information or 

the results would reveal personally identifiable information about an individual student); 

‘‘(iii) the average number of hours of supervised 

clinical experience required for those in the program; 

and 

‘‘(iv) the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience. 

‘‘(H) For the State as a whole, and for each teacher 

preparation program in the State, the number of teachers 

prepared, in the aggregate and reported separately by—

‘‘(i) area of certification or licensure; 

‘‘(ii) academic major; and 

‘‘(iii) subject area for which the teacher has been 

prepared to teach. 

‘‘(I) A description of the extent to which teacher preparation programs are addressing shortages of highly qualified teachers, by area of certification or licensure, subject, 

and specialty, in the State’s public schools. 


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‘‘(J) The extent to which teacher preparation programs 

prepare teachers, including general education and special 

education teachers, to teach students with disabilities effectively, including training related to participation as a 

member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act. 

‘‘(K) A description of the activities that prepare teachers 

to—

‘‘(i) integrate technology effectively into curricula 

and instruction, including activities consistent with the 

principles of universal design for learning; and 

‘‘(ii) use technology effectively to collect, manage, 

and analyze data to improve teaching and learning for 

the purpose of increasing student academic achievement. 

‘‘(L) The extent to which teacher preparation programs 

prepare teachers, including general education and special 

education teachers, to effectively teach students who are 

limited English proficient. 

‘‘(2) PROHIBITION AGAINST CREATING A NATIONAL LIST.—The 

Secretary shall not create a national list or ranking of States, 

institutions, or schools using the scaled scores provided under 

this subsection. 

‘‘(c) DATA QUALITY.—The Secretary shall prescribe regulations 

to ensure the reliability, validity, integrity, and accuracy of the data 

submitted pursuant to this section. 

‘‘(d) REPORT OF THE SECRETARY ON THE QUALITY OF TEACHER

PREPARATION.—

‘‘(1) REPORT CARD.—The Secretary shall annually provide 

to the authorizing committees, and publish and make widely 

available, a report card on teacher qualifications and preparation in the United States, including all the information reported 

in subparagraphs (A) through (L) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part. 

‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare 

and submit a report to the authorizing committees that contains 

the following: 

‘‘(A) A comparison of States’ efforts to improve the 

quality of the current and future teaching force. 

‘‘(B) A comparison of eligible partnerships’ efforts to 

improve the quality of the current and future teaching 

force. 

‘‘(C) The national mean and median scaled scores and 

pass rate on any standardized test that is used in more 

than one State for teacher certification or licensure. 

‘‘(3) SPECIAL RULE.—In the case of a teacher preparation 

program with fewer than ten scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish, and make 

publicly available, information with respect to an average pass 

rate and scaled score on each State certification or licensure assessment taken over a three-year period. 


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‘‘(e) COORDINATION.—The Secretary, to the extent practicable, 

shall coordinate the information collected and published under this 

part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in 

which the individual received the individual’s most recent degree. 

‘‘SEC. 206. TEACHER DEVELOPMENT. 

‘‘(a) ANNUAL GOALS.—Each institution of higher education that 

conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) or 

alternative routes to State certification or licensure program, and 

that enrolls students receiving Federal assistance under this Act, 

shall set annual quantifiable goals for increasing the number of 

prospective teachers trained in teacher shortage areas designated by 

the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of limited 

English proficient students. 

‘‘(b) ASSURANCES.—Each institution described in subsection (a) 

shall provide assurances to the Secretary that—

‘‘(1) training provided to prospective teachers responds to 

the identified needs of the local educational agencies or States 

where the institution’s graduates are likely to teach, based on 

past hiring and recruitment trends; 

‘‘(2) training provided to prospective teachers is closely 

linked with the needs of schools and the instructional decisions 

new teachers face in the classroom; 

‘‘(3) prospective special education teachers receive course 

work in core academic subjects and receive training in providing instruction in core academic subjects; 

‘‘(4) general education teachers receive training in providing instruction to diverse populations, including children 

with disabilities, limited English proficient students, and children from low-income families; and 

‘‘(5) prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to require an institution to create a new teacher preparation area of concentration or degree program or adopt a specific curriculum in complying with this section. 

‘‘SEC. 207. STATE FUNCTIONS. 

‘‘(a) STATE ASSESSMENT.—In order to receive funds under this 

Act, a State shall conduct an assessment to identify low-performing 

teacher preparation programs in the State and to assist such programs through the provision of technical assistance. Each such 

State shall provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those 

programs at risk of being placed on such list, as applicable. Such 

assessment shall be described in the report under section 205(b). 

Levels of performance shall be determined solely by the State and 

may include criteria based on information collected pursuant to this 

part, including progress in meeting the goals of—

‘‘(1) increasing the percentage of highly qualified teachers 

in the State, including increasing professional development opportunities; 


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‘‘(2) improving student academic achievement for elementary and secondary students; and 

‘‘(3) raising the standards for entry into the teaching profession. 

‘‘(b) TERMINATION OF ELIGIBILITY.—Any teacher preparation 

program from which the State has withdrawn the State’s approval, 

or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in 

subsection (a)—

‘‘(1) shall be ineligible for any funding for professional development activities awarded by the Department; 

‘‘(2) may not be permitted to accept or enroll any student 

who receives aid under title IV in the institution’s teacher preparation program; 

‘‘(3) shall provide transitional support, including remedial 

services if necessary, for students enrolled at the institution at 

the time of termination of financial support or withdrawal of 

approval; and 

‘‘(4) shall be reinstated upon demonstration of improved 

performance, as determined by the State. 

‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary develops any 

regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, 

which shall include representatives of States, institutions of higher 

education, and educational and student organizations. 

‘‘(d) APPLICATION OF THE REQUIREMENTS.—The requirements of 

this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure 

programs. 

‘‘SEC. 208. GENERAL PROVISIONS. 

‘‘(a) METHODS.—In complying with sections 205 and 206, the 

Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not reveal personally identifiable information. 

‘‘(b) SPECIAL RULE.—For each State that does not use content 

assessments as a means of ensuring that all teachers teaching in 

core academic subjects within the State are highly qualified, as required under section 1119 of the Elementary and Secondary Education Act of 1965, in accordance with the State plan submitted or 

revised under section 1111 of such Act, and that each person employed as a special education teacher in the State who teaches elementary school or secondary school is highly qualified by the deadline, as required under section 612(a)(14)(C) of the Individuals with 

Disabilities Education Act, the Secretary shall—

‘‘(1) to the extent practicable, collect data comparable to the 

data required under this part from States, local educational 

agencies, institutions of higher education, or other entities that 

administer such assessments to teachers or prospective teachers; 

and 

‘‘(2) notwithstanding any other provision of this part, use 

such data to carry out requirements of this part related to assessments, pass rates, and scaled scores. 

‘‘(c) RELEASE OF INFORMATION TO TEACHER PREPARATION PROGRAMS.—


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‘‘(1) IN GENERAL.—For the purpose of improving teacher 

preparation programs, a State that receives funds under this 

Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to 

a teacher preparation program, upon the request of the teacher 

preparation program, any and all pertinent education-related 

information that—

‘‘(A) may enable the teacher preparation program to 

evaluate the effectiveness of the program’s graduates or the 

program itself; and 

‘‘(B) is possessed, controlled, or accessible by the State. 

‘‘(2) CONTENT OF INFORMATION.—The information described 

in paragraph (1)—

‘‘(A) shall include an identification of specific individuals who graduated from the teacher preparation program 

to enable the teacher preparation program to evaluate the 

information provided to the program from the State with 

the program’s own data about the specific courses taken by, 

and field experiences of, the individual graduates; and 

‘‘(B) may include—

‘‘(i) kindergarten through grade 12 academic 

achievement and demographic data, without revealing 

personally identifiable information about an individual 

student, for students who have been taught by graduates of the teacher preparation program; and 

‘‘(ii) teacher effectiveness evaluations for teachers 

who graduated from the teacher preparation program. 

‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

$300,000,000 for fiscal year 2009 and such sums as may be necessary for each of the two succeeding fiscal years.’’; and 

(3) by striking part B and inserting the following: 

‘‘PART B—ENHANCING TEACHER EDUCATION 

‘‘SEC. 230. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

such sums as may be necessary for fiscal year 2009 and each of the 

five succeeding fiscal years. 

‘‘Subpart 1—Preparing Teachers for Digital Age Learners 

‘‘SEC. 231. PROGRAM AUTHORIZED. 

‘‘(a) PROGRAM AUTHORITY.—The Secretary is authorized to 

award grants to, or enter into contracts or cooperative agreements 

with, eligible consortia to pay the Federal share of the costs of 

projects to—

‘‘(1) serve graduate teacher candidates who are prepared to 

use modern information, communication, and learning tools 

to—

‘‘(A) improve student learning, assessment, and learning management; and 

‘‘(B) help students develop learning skills to succeed in 

higher education and to enter the workforce; 


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‘‘(2) strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education 

and ensure technology-rich teaching and learning environments 

throughout a teacher candidate’s preservice education, including clinical experiences; and ‘‘(3) assess the effectiveness of departments, schools, and 

colleges of education at institutions of higher education in preparing teacher candidates for successful implementation of technology-rich teaching and learning environments, including environments consistent with the principles of universal design for 

learning, that enable kindergarten through grade 12 students to 

develop learning skills to succeed in higher education and to 

enter the workforce. 

‘‘(b) AMOUNT AND DURATION.—A grant, contract, or cooperative 

agreement under this subpart— ‘‘(1) shall be for not more than $2,000,000; 

‘‘(2) shall be for a three-year period; and 

‘‘(3) may be renewed for one additional year. ‘‘(c) NON-FEDERAL SHARE REQUIREMENT.—The Federal share of 

the cost of any project funded under this subpart shall not exceed 

75 percent. The non-Federal share of the cost of such project may 

be provided in cash or in kind, fairly evaluated, including services. ‘‘(d) DEFINITION OF ELIGIBLE CONSORTIUM.—In this subpart, 

the term ‘eligible consortium’ means a consortium of members that 

includes the following: ‘‘(1) Not less than one institution of higher education that 

awards baccalaureate or masters degrees and prepares teachers 

for initial entry into teaching. ‘‘(2) Not less than one State educational agency or local 

educational agency. ‘‘(3) A department, school, or college of education at an institution of higher education. ‘‘(4) A department, school, or college of arts and sciences at 

an institution of higher education. ‘‘(5) Not less than one entity with the capacity to contribute 

to the technology-related reform of teacher preparation programs, which may be a professional association, foundation, 

museum, library, for-profit business, public or private nonprofit 

organization, community-based organization, or other entity. 

‘‘SEC. 232. USES OF FUNDS. 

‘‘(a) IN GENERAL.—An eligible consortium that receives a grant 

or enters into a contract or cooperative agreement under this subpart shall use funds made available under this subpart to carry out 

a project that—

‘‘(1) develops long-term partnerships among members of the 

consortium that are focused on effective teaching with modern 

digital tools and content that substantially connect preservice 

preparation of teacher candidates with high-need schools; or 

‘‘(2) transforms the way departments, schools, and colleges 

of education teach classroom technology integration, including 

the principles of universal design, to teacher candidates. 

‘‘(b) USES OF FUNDS FOR PARTNERSHIP GRANTS.—In carrying 

out a project under subsection (a)(1), an eligible consortium shall—

‘‘(1) provide teacher candidates, early in their preparation, 

with field experiences with technology in educational settings; 


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‘‘(2) build the skills of teacher candidates to support technology-rich instruction, assessment and learning management 

in content areas, technology literacy, an understanding of the 

principles of universal design, and the development of other 

skills for entering the workforce; 

‘‘(3) provide professional development in the use of technology for teachers, administrators, and content specialists who 

participate in field placement; 

‘‘(4) provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges of 

education and arts and sciences; 

‘‘(5) implement strategies for the mentoring of teacher candidates by members of the consortium with respect to technology 

implementation; 

‘‘(6) evaluate teacher candidates during the first years of 

teaching to fully assess outcomes of the project; 

‘‘(7) build collaborative learning communities for technology integration within the consortium to sustain meaningful 

applications of technology in the classroom during teacher preparation and early career practice; and 

‘‘(8) evaluate the effectiveness of the project. 

‘‘(c) USES OF FUNDS FOR TRANSFORMATION GRANTS.—In carrying out a project under subsection (a)(2), an eligible consortium 

shall—

‘‘(1) redesign curriculum to require collaboration between 

the department, school, or college of education faculty and the 

department, school, or college of arts and sciences faculty who 

teach content or methods courses for training teacher candidates; 

‘‘(2) collaborate between the department, school, or college 

of education faculty and the department, school, or college of 

arts and science faculty and academic content specialists at the 

local educational agency to educate preservice teachers who can 

integrate technology and pedagogical skills in content areas; 

‘‘(3) collaborate between the department, school, or college 

of education faculty and the department, school, or college of 

arts and sciences faculty who teach courses to preservice teachers to—

‘‘(A) develop and implement a plan for preservice teachers and continuing educators that demonstrates effective instructional strategies and application of such strategies in 

the use of digital tools to transform the teaching and learning process; and 

‘‘(B) better reach underrepresented preservice teacher 

populations with programs that connect such preservice 

teacher populations with applications of technology; 

‘‘(4) collaborate among faculty and students to create and 

disseminate case studies of technology applications in classroom 

settings with a goal of improving student academic achievement 

in high-need schools; 

‘‘(5) provide additional technology resources for preservice 

teachers to plan and implement technology applications in 

classroom settings that provide evidence of student learning; 

and 


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‘‘(6) bring together expertise from departments, schools, or 

colleges of education, arts and science faculty, and academic 

content specialists at the local educational agency to share and 

disseminate technology applications in the classroom through 

teacher preparation and into early career practice. 

‘‘SEC. 233. APPLICATION REQUIREMENTS. 

‘‘To be eligible to receive a grant or enter into a contract or cooperative agreement under this subpart, an eligible consortium shall 

submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 

Such application shall include the following: 

‘‘(1) A description of the project to be carried out with the 

grant, including how the project will—

‘‘(A) develop a long-term partnership focused on effective teaching with modern digital tools and content that 

substantially connects preservice preparation of teacher 

candidates with high-need schools; or 

‘‘(B) transform the way departments, schools, and colleges of education teach classroom technology integration, 

including the principles of universal design, to teacher candidates. 

‘‘(2) A demonstration of—

‘‘(A) the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and 

‘‘(B) the support of the leadership of each organization 

that is a member of the consortium for the proposed project. 

‘‘(3) A description of how each member of the consortium 

will participate in the project. 

‘‘(4) A description of how the State educational agency or 

local educational agency will incorporate the project into the 

agency’s technology plan, if such a plan already exists. 

‘‘(5) A description of how the project will be continued after 

Federal funds are no longer available under this subpart for 

the project. 

‘‘(6) A description of how the project will incorporate—

‘‘(A) State teacher technology standards; and 

‘‘(B) State student technology standards. 

‘‘(7) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project 

objectives. 

‘‘SEC. 234. EVALUATION. 

‘‘Not less than ten percent of the funds awarded to an eligible 

consortium to carry out a project under this subpart shall be used 

to evaluate the effectiveness of such project. 

‘‘Subpart 2—Honorable Augustus F. Hawkins Centers of 

Excellence 

‘‘SEC. 241. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’

means—


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‘‘(A) an institution of higher education that has a 

teacher preparation program that is a qualified teacher 

preparation program and that is— ‘‘(i) a part B institution (as defined in section 322); 

‘‘(ii) a Hispanic-serving institution (as defined in 

section 502); ‘‘(iii) a Tribal College or University (as defined in 

section 316); ‘‘(iv) an Alaska Native-serving institution (as defined in section 317(b)); ‘‘(v) a Native Hawaiian-serving institution (as defined in section 317(b)); ‘‘(vi) a Predominantly Black Institution (as defined 

in section 318); ‘‘(vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 

320(b)); or ‘‘(viii) a Native American-serving, nontribal institution (as defined in section 319); 

‘‘(B) a consortium of institutions described in subparagraph (A); or ‘‘(C) an institution described in subparagraph (A), or a 

consortium described in subparagraph (B), in partnership 

with any other institution of higher education, but only if 

the center of excellence established under section 242 is located at an institution described in subparagraph (A). 

‘‘(2) SCIENTIFICALLY BASED READING RESEARCH.—The term ‘scientifically based reading research’ has the meaning given 

such term in section 1208 of the Elementary and Secondary 

Education Act of 1965. 

‘‘SEC. 242. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE. 

‘‘(a) PROGRAM AUTHORIZED.—From the amounts appropriated 

to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence. ‘‘(b) USE OF FUNDS.—Grants provided by the Secretary under 

this subpart shall be used to ensure that current and future teachers 

are highly qualified by carrying out one or more of the following activities: ‘‘(1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who 

are highly qualified, are able to understand scientifically valid 

research, and are able to use advanced technology effectively in 

the classroom, including use of instructional techniques to improve student academic achievement, by—

‘‘(A) retraining or recruiting faculty; and 

‘‘(B) designing (or redesigning) teacher preparation programs that—

‘‘(i) prepare teachers to serve in low-performing 

schools and close student achievement gaps, and that 

are based on rigorous academic content, scientifically 

valid research (including scientifically based reading 

research and mathematics research, as it becomes 

available), and challenging State academic content 

standards and student academic achievement standards; and 


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‘‘(ii) promote strong teaching skills. 

‘‘(2) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers 

by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and 

experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, 

including preparation time, for such interaction. 

‘‘(3) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, including 

minority teachers and principals, including programs that provide—

‘‘(A) teacher or principal mentoring from exemplary 

teachers or principals, respectively; or 

‘‘(B) induction and support for teachers and principals 

during their first three years of employment as teachers or 

principals, respectively. 

‘‘(4) Awarding scholarships based on financial need to help 

students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program, not to exceed the cost of attendance. 

‘‘(5) Disseminating information on effective practices for 

teacher preparation and successful teacher certification and licensure assessment preparation strategies. 

‘‘(6) Activities authorized under section 202. 

‘‘(c) APPLICATION.—Any eligible institution desiring a grant 

under this subpart shall submit an application to the Secretary at 

such a time, in such a manner, and accompanied by such information as the Secretary may require. 

‘‘(d) MINIMUM GRANT AMOUNT.—The minimum amount of each 

grant under this subpart shall be $500,000. 

‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.—An eligible institution that receives a grant under this subpart may use not more 

than two percent of the funds provided to administer the grant. 

‘‘(f) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out this subpart. 

‘‘Subpart 3—Preparing General Education Teachers to More 

Effectively Educate Students With Disabilities 

‘‘SEC. 251. TEACH TO REACH GRANTS. 

‘‘(a) AUTHORIZATION OF PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award 

grants, on a competitive basis, to eligible partnerships to improve the preparation of general education teacher candidates 

to ensure that such teacher candidates possess the knowledge 

and skills necessary to effectively instruct students with disabilities in general education classrooms. 

‘‘(2) DURATION OF GRANTS.—A grant under this section 

shall be awarded for a period of not more than five years. 

‘‘(3) NON-FEDERAL SHARE.—An eligible partnership that receives a grant under this section shall provide not less than 25 

percent of the cost of the activities carried out with such grant 

from non-Federal sources, which may be provided in cash or in 

kind. 


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‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, the 

term ‘eligible partnership’ means a partnership that—

‘‘(1) shall include—

‘‘(A) one or more departments or programs at an institution of higher education—

‘‘(i) that prepare elementary or secondary general 

education teachers; 

‘‘(ii) that have a program of study that leads to an 

undergraduate degree, a master’s degree, or completion 

of a postbaccalaureate program required for teacher 

certification; and 

‘‘(iii) the graduates of which are highly qualified; 

‘‘(B) a department or program of special education at 

an institution of higher education; 

‘‘(C) a department or program at an institution of higher education that provides degrees in core academic subjects; and 

‘‘(D) a high-need local educational agency; and 

‘‘(2) may include a department or program of mathematics, 

earth or physical science, foreign language, or another department at the institution that has a role in preparing teachers. 

‘‘(c) ACTIVITIES.—An eligible partnership that receives a grant 

under this section—

‘‘(1) shall use the grant funds to—

‘‘(A) develop or strengthen an undergraduate, 

postbaccalaureate, or master’s teacher preparation program 

by integrating special education strategies into the general 

education curriculum and academic content; 

‘‘(B) provide teacher candidates participating in the 

program under subparagraph (A) with skills related to—

‘‘(i) response to intervention, positive behavioral 

interventions and supports, differentiated instruction, 

and data driven instruction; 

‘‘(ii) universal design for learning; 

‘‘(iii) determining and utilizing accommodations 

for instruction and assessments; 

‘‘(iv) collaborating with special educators, related 

services providers, and parents, including participation 

in individualized education program development and 

implementation; and 

‘‘(v) appropriately utilizing technology and assistive technology for students with disabilities; and 

‘‘(C) provide extensive clinical experience for participants described in subparagraph (B) with mentoring and 

induction support throughout the program that continues 

during the first two years of full-time teaching; and 

‘‘(2) may use grant funds to develop and administer alternate assessments of students with disabilities. 

‘‘(d) APPLICATION.—An eligible partnership seeking a grant 

under this section shall submit an application to the Secretary at 

such time, in such manner, and containing such information as the 

Secretary may require. Such application shall include—

‘‘(1) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher 


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education and needs related to preparing general education 

teacher candidates to instruct students with disabilities; and 

‘‘(2) an assessment of the existing personnel needs for general education teachers who instruct students with disabilities, 

performed by the local educational agency in which most graduates of the teacher preparation program are likely to teach 

after completion of the program under subsection (c)(1). 

‘‘(e) PEER REVIEW.—The Secretary shall convene a peer review 

committee to review applications for grants under this section and 

to make recommendations to the Secretary regarding the selection of 

grantees. Members of the peer review committee shall be recognized 

experts in the fields of special education, teacher preparation, and 

general education and shall not be in a position to benefit financially from any grants awarded under this section. 

‘‘(f) EVALUATIONS.—

‘‘(1) BY THE PARTNERSHIP.—

‘‘(A) IN GENERAL.—An eligible partnership receiving a 

grant under this section shall conduct an evaluation at the 

end of the grant period to determine—

‘‘(i) the effectiveness of the general education teachers who completed a program under subsection (c)(1) 

with respect to instruction of students with disabilities 

in general education classrooms; and 

‘‘(ii) the systemic impact of the activities carried 

out by such grant on how each institution of higher 

education that is a member of the partnership prepares 

teachers for instruction in elementary schools and secondary schools. 

‘‘(B) REPORT TO THE SECRETARY.—Each eligible partnership performing an evaluation under subparagraph (A) 

shall report the findings of such evaluation to the Secretary. 

‘‘(2) REPORT BY THE SECRETARY.—Not later than 180 days 

after the last day of the grant period under this section, the Secretary shall make available to Congress and the public the findings of the evaluations submitted under paragraph (1), and information on best practices related to effective instruction of students with disabilities in general education classrooms. 

‘‘Subpart 4—Adjunct Teacher Corps 

‘‘SEC. 255. ADJUNCT TEACHER CORPS. 

‘‘(a) PURPOSE.—The purpose of this section is to create opportunities for professionals and other individuals with subject matter expertise in mathematics, science, or critical foreign languages to provide such subject matter expertise to secondary school students on 

an adjunct basis. 

‘‘(b) PROGRAM AUTHORIZED.—The Secretary is authorized to 

award grants on a competitive basis to eligible entities to identify, 

recruit, and train qualified individuals with subject matter expertise in mathematics, science, or critical foreign languages to serve 

as adjunct content specialists. 

‘‘(c) DURATION OF GRANTS.—The Secretary may award grants 

under this section for a period of not more than five years. 


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‘‘(d) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’ means—‘‘(1) a local educational agency; or 

‘‘(2) a partnership consisting of a local educational agency, 

serving as a fiscal agent, and a public or private educational 

organization or business. 

‘‘(e) USES OF FUNDS.—An eligible entity that receives a grant 

under this section is authorized to use such grant to carry out one 

or both of the following activities: ‘‘(1) To develop the capacity of the eligible entity to identify, 

recruit, and train individuals with subject matter expertise in 

mathematics, science, or critical foreign languages who are not 

employed in the elementary and secondary education system 

(including individuals in business and government, and individuals who would participate through distance-learning arrangements) to become adjunct content specialists. ‘‘(2) To provide preservice training and on-going professional development to adjunct content specialists. 

‘‘(f) APPLICATIONS.—

‘‘(1) APPLICATION REQUIRED.—An eligible entity that desires 

a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and containing such 

information as the Secretary may require. 

‘‘(2) CONTENTS.—An application submitted under paragraph (1) shall include— ‘‘(A) a description of— ‘‘(i) the need for, and expected benefits of using, adjunct content specialists in the schools served by the 

local educational agency, which may include information on the difficulty the local educational agency faces 

in recruiting qualified faculty in mathematics, science, 

and critical foreign language courses; ‘‘(ii) measurable objectives for the activities supported by the grant, including the number of adjunct 

content specialists the eligible entity intends to place in 

schools and classrooms, and the gains in academic 

achievement expected as a result of the addition of such 

specialists; 

‘‘(iii) how the eligible entity will establish criteria 

for and recruit the most qualified individuals and public or private organizations and businesses to participate in the activities supported by the grant; 

‘‘(iv) how the eligible entity will provide preservice 

training and on-going professional development to adjunct content specialists to ensure that such specialists 

have the capacity to serve effectively; 

‘‘(v) how the eligible entity will use funds received 

under this section, including how the eligible entity 

will evaluate the success of the activities supported by 

the grant; and 

‘‘(vi) how the eligible entity will support and continue the activities supported by the grant after the 

grant has expired, including how such entity will seek 

support from other sources, such as State and local 

government and the private sector; and 


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‘‘(B) an assurance that the use of adjunct content specialists will not result in the displacement or transfer of 

currently employed teachers nor a reduction in the number 

of overall teachers in the district. 

‘‘(g) PRIORITIES.—In awarding grants under this section, the 

Secretary shall give priority to eligible entities that demonstrate in 

the application for such a grant a plan to—

‘‘(1) serve the schools served by the local educational agency 

that have a large number or percentage of students performing 

below grade level in mathematics, science, or critical foreign 

language courses; 

‘‘(2) serve local educational agencies that have a large number or percentage of students from low-income families; and 

‘‘(3) recruit and train individuals to serve as adjunct content specialists in schools that have an insufficient number of 

teachers in mathematics, science, or critical foreign languages. 

‘‘(h) MATCHING REQUIREMENT.—Each eligible entity that receives a grant under this section shall provide, from non-Federal 

sources, an amount equal to 100 percent of the amount of such 

grant (in cash or in kind) to carry out the activities supported by 

such grant. 

‘‘(i) PERFORMANCE REPORT.—Each eligible entity receiving a 

grant under this section shall prepare and submit to the Secretary 

a final report on the results of the activities supported by such 

grant, which shall contain such information as the Secretary may 

require, including any improvements in student academic achievement as a result of the use of adjunct content specialists. 

‘‘(j) EVALUATION.—The Secretary shall evaluate the activities 

supported by grants under this section, including the impact of such 

activities on student academic achievement, and shall report the results of such evaluation to the authorizing committees. 

‘‘(k) DEFINITION.—In this section, the term ‘adjunct content specialist’ means an individual who—

‘‘(1) meets the requirements of section 9101(23)(B)(ii) of the 

Elementary and Secondary Education Act of 1965; 

‘‘(2) has demonstrated expertise in mathematics, science, or 

a critical foreign language, as determined by the local educational agency; and 

‘‘(3) is not the primary provider of instructional services to 

a student, unless the adjunct content specialist is under the direct supervision of a teacher who meets the requirements of section 9101(23) of such Act. 

‘‘Subpart 5—Graduate Fellowships to Prepare Faculty in High-Need Areas at Colleges of Education 

‘‘SEC. 258. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGHNEED AREAS AT COLLEGES OF EDUCATION. 

‘‘(a) GRANTS BY SECRETARY.—The Secretary shall make grants 

to eligible institutions to enable such institutions to make graduate 

fellowship awards to qualified individuals in accordance with the 

provisions of this section. 

‘‘(b) ELIGIBLE INSTITUTIONS.—In this section, the term ‘eligible 

institution’ means an institution of higher education, or a consorVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00092 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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tium of such institutions, that offers a program of postbaccalaureate 

study leading to a doctoral degree. 

‘‘(c) APPLICATIONS.—An eligible institution that desires a grant 

under this section shall submit an application to the Secretary at 

such time, in such manner, and containing such information as the 

Secretary may reasonably require. 

‘‘(d) TYPES OF FELLOWSHIPS SUPPORTED.—

‘‘(1) IN GENERAL.—An eligible institution that receives a 

grant under this section shall use the grant funds to provide 

graduate fellowships to individuals who are preparing for the 

professorate in order to prepare individuals to become highly 

qualified elementary school and secondary school mathematics 

and science teachers, special education teachers, and teachers 

who provide instruction for limited English proficient students. 

‘‘(2) TYPES OF STUDY.—A graduate fellowship provided 

under this section shall support an individual in pursuing 

postbaccalaureate study, which leads to a doctoral degree and 

may include a master’s degree as part of such study, related to 

teacher preparation and pedagogy in one of the following areas: 

‘‘(A) Science, technology, engineering, or mathematics, 

if the individual has completed a master’s degree in mathematics or science and is pursuing a doctoral degree in 

mathematics, science, or education. 

‘‘(B) Special education. 

‘‘(C) The instruction of limited English proficient students, including postbaccalaureate study in language instruction educational programs. 

‘‘(e) FELLOWSHIP TERMS AND CONDITIONS.—

‘‘(1) SELECTION OF FELLOWS.—The Secretary shall ensure 

that an eligible institution that receives a grant under this section—

‘‘(A) shall provide graduate fellowship awards to individuals who plan to pursue a career in instruction at an institution of higher education that has a teacher preparation 

program; and 

‘‘(B) may not provide a graduate fellowship to an otherwise eligible individual—

‘‘(i) during periods in which such individual is enrolled at an institution of higher education unless such 

individual is maintaining satisfactory academic 

progress in, and devoting full-time study or research to, 

the pursuit of the degree for which the fellowship support was provided; or 

‘‘(ii) if the individual is engaged in gainful employment, other than part-time employment related to 

teaching, research, or a similar activity determined by 

the institution to be consistent with and supportive of 

the individuals’s progress toward the degree for which 

the fellowship support was provided. 

‘‘(2) AMOUNT OF FELLOWSHIP AWARDS.—

‘‘(A) IN GENERAL.—An eligible institution that receives 

a grant under this section shall award stipends to individuals who are provided graduate fellowships under this section. 


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‘‘(B) AWARDS BASED ON NEED.—A stipend provided 

under this section shall be in an amount equal to the level 

of support provided by the National Science Foundation 

graduate fellowships, except that such stipend shall be adjusted as necessary so as not to exceed the fellowship recipient’s demonstrated need, as determined by the institution of 

higher education where the fellowship recipient is enrolled. 

‘‘(3) SERVICE REQUIREMENT.—

‘‘(A) TEACHING REQUIRED.—Each individual who receives a graduate fellowship under this section and earns 

a doctoral degree shall teach for one year at an institution 

of higher education that has a teacher preparation program 

for each year of fellowship support received under this section. 

‘‘(B) INSTITUTIONAL OBLIGATION.—Each eligible institution that receives a grant under this section shall provide 

an assurance to the Secretary that the institution has inquired of and determined the decision of each individual 

who has received a graduate fellowship to, within three 

years of receiving a doctoral degree, begin employment at 

an institution of higher education that has a teacher preparation program, as required by this section. 

‘‘(C) AGREEMENT REQUIRED.—Prior to receiving an initial graduate fellowship award, and upon the annual renewal of the graduate fellowship award, an individual selected to receive a graduate fellowship under this section 

shall sign an agreement with the Secretary agreeing to pursue a career in instruction at an institution of higher education that has a teacher preparation program in accordance with subparagraph (A). 

‘‘(D) FAILURE TO COMPLY.—If an individual who receives a graduate fellowship award under this section fails 

to comply with the agreement signed pursuant to subparagraph (C), the sum of the amounts of any graduate fellowship award received by such recipient shall, upon a determination of such a failure, be treated as a Federal Direct 

Unsubsidized Stafford Loan under part D of title IV, and 

shall be subject to repayment, together with interest thereon 

accruing from the date of the fellowship award, in accordance with terms and conditions specified by the Secretary 

in regulations under this subpart. 

‘‘(E) MODIFIED SERVICE REQUIREMENT.—The Secretary 

may waive or modify the service requirement of this paragraph in accordance with regulations promulgated by the 

Secretary with respect to the criteria to determine the circumstances under which compliance with such service requirement is inequitable or represents a substantial hardship. The Secretary may waive the service requirement if 

compliance by the fellowship recipient is determined to be 

inequitable or represent a substantial hardship—

‘‘(i) because the individual is permanently and totally disabled at the time of the waiver request; or 

‘‘(ii) based on documentation presented to the Secretary of substantial economic or personal hardship. 


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‘‘(f) INSTITUTIONAL SUPPORT FOR FELLOWS.—An eligible institution that receives a grant under this section may reserve not more 

than ten percent of the grant amount for academic and career transition support for graduate fellowship recipients and for meeting the 

institutional obligation described in subsection (e)(3)(B). 

‘‘(g) RESTRICTION ON USE OF FUNDS.—An eligible institution 

that receives a grant under this section may not use grant funds for 

general operational overhead of the institution. 

‘‘PART C—GENERAL PROVISIONS 

‘‘SEC. 261. LIMITATIONS. 

‘‘(a) FEDERAL CONTROL PROHIBITED.—Nothing in this title shall 

be construed to permit, allow, encourage, or authorize any Federal 

control over any aspect of any private, religious, or home school, 

whether or not a home school is treated as a private school or home 

school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this title. 

‘‘(b) NO CHANGE IN STATE CONTROL ENCOURAGED OR REQUIRED.—Nothing in this title shall be construed to encourage or require any change in a State’s treatment of any private, religious, or 

home school, whether or not a home school is treated as a private 

school or home school under State law. 

‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFICATION OR LICENSURE PROHIBITED.—Nothing in this title shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification or licensure. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this title shall be 

construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under 

Federal, State, or local laws (including applicable regulations or 

court orders) or under the terms of collective bargaining agreements, 

memoranda of understanding, or other agreements between such 

employees and their employers.’’. 

TITLE III—INSTITUTIONAL AID 

SEC. 301. PROGRAM PURPOSE. 

Section 311 (20 U.S.C. 1057) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘351’’ and inserting 

‘‘391’’; and 

(B) in paragraph (3)(F), by inserting ‘‘, including services that will assist in the education of special populations’’

before the period; and 

(2) in subsection (c)—

(A) in paragraph (6), by inserting ‘‘, including innovative, customized, instruction courses designed to help retain 

students and move the students rapidly into core courses 

and through program completion, which may include remedial education and English language instruction’’ before 

the period; 


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(B) by redesignating paragraphs (7) through (12) as 

paragraphs (8) through (13), respectively; 

(C) by inserting after paragraph (6) the following: 

‘‘(7) Education or counseling services designed to improve 

the financial literacy and economic literacy of students or the 

students’ families.’’; 

(D) in paragraph (12) (as redesignated by subparagraph (B)), by striking ‘‘distance learning academic instruction capabilities’’ and inserting ‘‘distance education technologies’’; and 

(E) in the matter preceding subparagraph (A) of paragraph (13) (as redesignated by subparagraph (B)), by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (b) and section 391’’. 

SEC. 302. DEFINITIONS; ELIGIBILITY. 

Section 312 (20 U.S.C. 1058) is amended—

(1) in subsection (b)(1)(A), by striking ‘‘subsection (c) of this 

section’’ and inserting ‘‘subsection (d)’’; 

(2) in subsection (d)(2), by striking ‘‘subdivision’’ and inserting ‘‘paragraph’’; 

(3) by redesignating subsection (g) as subsection (h); and 

(4) by inserting after subsection (f) the following: 

‘‘(g) LOW-INCOME INDIVIDUAL.—For the purpose of this part, the 

term ‘low-income individual’ means an individual from a family 

whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using 

criteria of poverty established by the Bureau of the Census.’’. 

SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND 

UNIVERSITIES. 

Section 316 (20 U.S.C. 1059c) is amended—

(1) by striking subsection (b)(3) and inserting the following: 

‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal 

College or University’ means an institution that—

‘‘(A) qualifies for funding under the Tribally Controlled 

Colleges and Universities Assistance Act of 1978 (25 U.S.C. 

1801 et seq.) or the Navajo Community College Assistance 

Act of 1978 (25 U.S.C. 640a note); or 

‘‘(B) is cited in section 532 of the Equity in Educational 

Land-Grant Status Act of 1994 (7 U.S.C. 301 note).’’; 

(2) in subsection (c)(2)—

(A) by striking subparagraph (B) and inserting the following: 

‘‘(B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other 

instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the 

acquisition of real property adjacent to the campus of the 

institution on which to construct such facilities;’’; 

(B) in subparagraph (C), by inserting before the semicolon at the end the following: ‘‘or in tribal governance or 

tribal public policy’’; 

(C) in subparagraph (D), by inserting before the semicolon the following: ‘‘and instruction in tribal governance 

or tribal public policy’’; 


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(D) by redesignating subparagraphs (G), (H), (I), (J), 

(K), and (L) as subparagraphs (H), (I), (J), (K), (L), and 

(N), respectively; 

(E) by inserting after subparagraph (F) the following: 

‘‘(G) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families;’’; 

(F) in subparagraph (L) (as redesignated by subparagraph (D)), by striking ‘‘and’’ after the semicolon; 

(G) by inserting after subparagraph (L) (as redesignated by subparagraph (D) and amended by subparagraph 

(F)) the following: ‘‘(M) developing or improving facilities for Internet use 

or other distance education technologies; and’’; and 

(H) in subparagraph (N) (as redesignated by subparagraph (D)), by striking ‘‘subparagraphs (A) through (K)’’ and inserting ‘‘subparagraphs (A) through (M)’’; and 

(3) by striking subsection (d) and inserting the following: ‘‘(d) APPLICATION, PLAN, AND ALLOCATION.—

‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligible to receive 

assistance under this section, a Tribal College or University 

shall be an eligible institution under section 312(b). 

‘‘(2) APPLICATION.— ‘‘(A) IN GENERAL.—A Tribal College or University desiring to receive assistance under this section shall submit 

an application to the Secretary at such time, in such manner, and containing such information as the Secretary may 

reasonably require. ‘‘(B) STREAMLINED PROCESS.—The Secretary shall establish application requirements in such a manner as to 

simplify and streamline the process for applying for grants 

under this section. 

‘‘(3) AWARDS AND ALLOCATIONS TO INSTITUTIONS.— ‘‘(A) CONSTRUCTION GRANTS.—

‘‘(i) IN GENERAL.—Of the amount appropriated to 

carry out this section for any fiscal year, the Secretary 

may reserve 30 percent for the purpose of awarding 

one-year grants of not less than $1,000,000 to address 

construction, maintenance, and renovation needs at eligible institutions. ‘‘(ii) PREFERENCE.—In providing grants under 

clause (i) for any fiscal year, the Secretary shall give 

preference to eligible institutions that have not received 

an award under this section for a previous fiscal year. 

‘‘(B) ALLOTMENT OF REMAINING FUNDS.—

‘‘(i) IN GENERAL.—Except as provided in clause (ii), 

the Secretary shall distribute the remaining funds appropriated for any fiscal year to each eligible institution as follows: ‘‘(I) 60 percent of the remaining appropriated 

funds shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, 

based on the respective Indian student counts (as 

defined in section 2(a) of the Tribally Controlled 

Colleges and Universities Assistance Act of 1978 


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(25 U.S.C. 1801(a)) of the Tribal Colleges and Universities. 

‘‘(II) The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities. 

‘‘(ii) MINIMUM GRANT.—The amount distributed to 

a Tribal College or University under clause (i) shall 

not be less than $500,000. 

‘‘(4) SPECIAL RULES.—

‘‘(A) CONCURRENT FUNDING.—No Tribal College or 

University that receives funds under this section shall concurrently receive funds under any other provision of this 

part, part B, or part A of title V. 

‘‘(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.’’. 

SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITUTIONS. 

Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended—

(1) in subparagraph (G), by striking ‘‘and’’ after the semicolon; 

(2) in subparagraph (H), by striking the period and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(I) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families.’’. 

SEC. 305. PREDOMINANTLY BLACK INSTITUTIONS. 

(a) IN GENERAL.—Part A of title III (20 U.S.C. 1057 et seq.) is 

amended by adding at the end the following: 

‘‘SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS. 

‘‘(a) PURPOSE.—It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity 

through a program of Federal assistance. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’

means an institution of higher education that—

‘‘(A) has an enrollment of needy undergraduate students; 

‘‘(B) has an average educational and general expenditure that is low, per full-time equivalent undergraduate 

student, in comparison with the average educational and 

general expenditure per full-time equivalent undergraduate 

student of institutions that offer similar instruction, except 

that the Secretary may apply the waiver requirements described in section 392(b) to this subparagraph in the same 

manner as the Secretary applies the waiver requirements to 

section 312(b)(1)(B); 

‘‘(C) has an enrollment of undergraduate students that 

is not less than 40 percent Black American students; 

‘‘(D) is legally authorized to provide, and provides, 

within the State an educational program for which the institution of higher education awards a baccalaureate degree 


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or, in the case of a junior or community college, an associate’s degree; 

‘‘(E) is accredited by a nationally recognized accrediting agency or association determined by the Secretary to 

be a reliable authority as to the quality of training offered 

or is, according to such an agency or association, making 

reasonable progress toward accreditation; and ‘‘(F) is not receiving assistance under part B or part A 

of title V. 

‘‘(2) ENROLLMENT OF NEEDY STUDENTS.—The term ‘enrollment of needy students’ means the enrollment at an eligible institution with respect to which not less than 50 percent of the 

undergraduate students enrolled in an academic program leading to a degree— ‘‘(A) in the second fiscal year preceding the fiscal year 

for which the determination is made, were Federal Pell 

Grant recipients for such year; ‘‘(B) come from families that receive benefits under a 

means-tested Federal benefit program; ‘‘(C) attended a public or nonprofit private secondary 

school that—‘‘(i) is in the school district of a local educational 

agency that was eligible for assistance under part A of 

title I of the Elementary and Secondary Education Act 

of 1965 for any year during which the student attended 

such secondary school; and ‘‘(ii) for the purpose of this paragraph and for such 

year of attendance, was determined by the Secretary 

(pursuant to regulations and after consultation with 

the State educational agency of the State in which the 

school is located) to be a school in which the enrollment of children meeting a measure of poverty under 

section 1113(a)(5) of such Act exceeds 30 percent of the 

total enrollment of such school; or 

‘‘(D) are first-generation college students and a majority of such first-generation college students are low-income 

individuals. 

‘‘(3) FIRST-GENERATION COLLEGE STUDENT.—The term ‘firstgeneration college student’ has the meaning given the term in 

section 402A(h). ‘‘(4) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ has the meaning given such term in section 402A(h). 

‘‘(5) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—The term 

‘means-tested Federal benefit program’ means a program of the 

Federal Government, other than a program under title IV, in 

which eligibility for the program’s benefits, or the amount of 

such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit. 

‘‘(6) PREDOMINANTLY BLACK INSTITUTION.—The term ‘Predominantly Black Institution’ means an institution of higher 

education, as defined in section 101(a)— ‘‘(A) that is an eligible institution with not less than 

1,000 undergraduate students; ‘‘(B) at which not less than 50 percent of the undergraduate students enrolled at the eligible institution are 


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low-income individuals or first-generation college students; 

and 

‘‘(C) at which not less than 50 percent of the undergraduate students are enrolled in an educational program 

leading to a bachelor’s or associate’s degree that the eligible 

institution is licensed to award by the State in which the 

eligible institution is located. 

‘‘(7) STATE.—The term ‘State’ means each of the 50 States 

and the District of Columbia. 

‘‘(c) GRANT AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award 

grants, from allotments under subsection (e), to Predominantly 

Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in subsection (d). 

‘‘(2) PRIORITY.—In awarding grants under this section the 

Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described 

in subsections (b)(1)(A) or (b)(1)(C). The level of priority given 

to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(A) shall be 

twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described 

in subsection (b)(1)(C). 

‘‘(d) AUTHORIZED ACTIVITIES.—

‘‘(1) REQUIRED ACTIVITIES.—Grant funds provided under 

this section shall be used—

‘‘(A) to assist the Predominantly Black Institution to 

plan, develop, undertake, and implement programs to enhance the institution’s capacity to serve more low- and middle-income Black American students; 

‘‘(B) to expand higher education opportunities for students eligible to participate in programs under title IV by 

encouraging college preparation and student persistence in 

secondary school and postsecondary education; and 

‘‘(C) to strengthen the financial ability of the Predominantly Black Institution to serve the academic needs of the 

students described in subparagraphs (A) and (B). 

‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds provided under 

this section shall be used for one or more of the following activities: 

‘‘(A) The activities described in paragraphs (1) through 

(12) of section 311(c). 

‘‘(B) Academic instruction in disciplines in which Black 

Americans are underrepresented. 

‘‘(C) Establishing or enhancing a program of teacher 

education designed to qualify students to teach in a public 

elementary school or secondary school in the State that 

shall include, as part of such program, preparation for 

teacher certification or licensure. 

‘‘(D) Establishing community outreach programs that 

will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education. 


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‘‘(E) Other activities proposed in the application submitted pursuant to subsection (f) that— ‘‘(i) contribute to carrying out the purpose of this 

section; and ‘‘(ii) are approved by the Secretary as part of the 

review and approval of an application submitted under 

subsection (f). ‘‘(3) ENDOWMENT FUND.— ‘‘(A) IN GENERAL.—A Predominantly Black Institution 

may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution. ‘‘(B) MATCHING REQUIREMENT.—In order to be eligible 

to use grant funds in accordance with subparagraph (A), a 

Predominantly Black Institution shall provide matching 

funds from non-Federal sources, in an amount equal to or 

greater than the Federal funds used in accordance with 

subparagraph (A), for the establishment or increase of the 

endowment fund. 

‘‘(C) COMPARABILITY.—The provisions of part C, regarding the establishment or increase of an endowment 

fund, that the Secretary determines are not inconsistent 

with this subsection, shall apply to funds used under subparagraph (A). 

‘‘(4) LIMITATION.—Not more than 50 percent of the grant 

funds provided to a Predominantly Black Institution under this 

section may be available for the purpose of constructing or 

maintaining a classroom, library, laboratory, or other instructional facility. 

‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK INSTITUTIONS.—

‘‘(1) FEDERAL PELL GRANT BASIS.—From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that 

bears the same ratio to one-half of that amount as the number 

of Federal Pell Grant recipients in attendance at such institution at the end of the academic year preceding the beginning of 

that fiscal year, bears to the total number of Federal Pell Grant 

recipients at all such institutions at the end of such academic 

year. 

‘‘(2) GRADUATES BASIS.—From the amounts appropriated to 

carry out this section for any fiscal year, the Secretary shall 

allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same 

ratio to one-fourth of that amount as the number of graduates 

for such academic year at such institution, bears to the total 

number of graduates for such academic year at all such institutions. 

‘‘(3) GRADUATES SEEKING A HIGHER DEGREE BASIS.—From 

the amounts appropriated to carry out this section for any fiscal 

year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a 

sum that bears the same ratio to one-fourth of that amount as 

the percentage of graduates from such institution who are admitted to and in attendance at, not later than two years after 


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graduation with an associate’s degree or a baccalaureate degree, a baccalaureate degree-granting institution or a graduate 

or professional school in a degree program in disciplines in 

which Black American students are underrepresented, bears to 

the percentage of such graduates for all such institutions. 

‘‘(4) MINIMUM ALLOTMENT.—

‘‘(A) IN GENERAL.—Notwithstanding paragraphs (1), 

(2), and (3), the amount allotted to each Predominantly 

Black Institution under this section may not be less than 

$250,000. 

‘‘(B) INSUFFICIENT AMOUNT.—If the amounts appropriated to carry out this section for a fiscal year are not sufficient to pay the minimum allotment provided under subparagraph (A) for the fiscal year, then the amount of such 

minimum allotment shall be ratably reduced. If additional 

sums become available for such fiscal year, such reduced 

allotment shall be increased on the same basis as the allotment was reduced until the amount allotted equals the 

minimum allotment required under subparagraph (A). 

‘‘(5) REALLOTMENT.—The amount of a Predominantly Black 

Institution’s allotment under paragraph (1), (2), (3), or (4) for 

any fiscal year that the Secretary determines will not be needed 

for such institution for the period for which such allotment is 

available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to 

time, on such date and during such period as the Secretary determines appropriate. 

‘‘(f) APPLICATIONS.—Each Predominantly Black Institution desiring a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. 

‘‘(g) APPLICATION REVIEW PROCESS.—Section 393 shall not 

apply to applications under this section. 

‘‘(h) DURATION AND CARRYOVER.—Any grant funds paid to a 

Predominantly Black Institution under this section that are not expended or used for the purposes for which the funds were paid within ten years following the date on which the grant was awarded, 

shall be repaid to the Treasury. 

‘‘(i) SPECIAL RULE ON ELIGIBILITY.—No Predominantly Black 

Institution that receives funds under this section shall concurrently 

receive funds under any other provision of this part, part B, or part 

A of title V.’’. 

(b) CONFORMING AMENDMENT.—Section 312(d) (20 U.S.C. 

1058(d)) is amended by striking ‘‘For the purpose’’ and inserting 

‘‘Except as provided in section 318(b), for the purpose’’. 

SEC. 306. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 

Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding 

after section 318 (as added by section 305 of this Act) the following: 

‘‘SEC. 319. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall provide 

grants and related assistance to Native American-serving, nontribal 


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institutions to enable such institutions to improve and expand their 

capacity to serve Native Americans and low-income individuals. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) NATIVE AMERICAN.—The term ‘Native American’ means 

an individual who is of a tribe, people, or culture that is indigenous to the United States. ‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION.— The term ‘Native American-serving, nontribal institution’ means 

an institution of higher education, as defined in section 101(a), 

that, at the time of application— ‘‘(A) is an eligible institution under section 312(b); 

‘‘(B) has an enrollment of undergraduate students that 

is not less than 10 percent Native American students; and ‘‘(C) is not a Tribal College or University (as defined in 

section 316). ‘‘(c) AUTHORIZED ACTIVITIES.—

‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded 

under this section shall be used by Native American-serving, 

nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans and 

low-income individuals. 

‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs may include— ‘‘(A) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; ‘‘(B) renovation and improvement in classroom, library, 

laboratory, and other instructional facilities; ‘‘(C) support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining 

advanced degrees in the faculty’s field of instruction; ‘‘(D) curriculum development and academic instruction; 

‘‘(E) the purchase of library books, periodicals, microfilm, and other educational materials; 

‘‘(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; 

‘‘(G) the joint use of facilities such as laboratories and 

libraries; 

‘‘(H) academic tutoring and counseling programs and 

student support services; and 

‘‘(I) education or counseling services designed to improve the financial and economic literacy of students or the 

students’ families. 

‘‘(d) APPLICATION PROCESS.—

‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native American-serving, nontribal institution desiring to receive assistance under 

this section shall submit to the Secretary such enrollment data 

as may be necessary to demonstrate that the institution is a Native American-serving, nontribal institution, along with such 

other information and data as the Secretary may reasonably require. 

‘‘(2) APPLICATIONS.—


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‘‘(A) AUTHORITY TO SUBMIT APPLICATIONS.—Any institution that is determined by the Secretary to be a Native 

American-serving, nontribal institution may submit an application for assistance under this section to the Secretary. ‘‘(B) SIMPLIFIED AND STREAMLINED FORMAT.—The Secretary shall, to the extent possible, continue to prescribe a 

simplified and streamlined format for applications under 

this section that takes into account the limited number of 

institutions that are eligible for assistance under this section. ‘‘(C) CONTENT.—An application submitted under subparagraph (A) shall include— ‘‘(i) a five-year plan for improving the assistance 

provided by the Native American-serving, nontribal institution to Native Americans and low-income individuals; and ‘‘(ii) such other information and assurances as the 

Secretary may reasonably require. ‘‘(3) SPECIAL RULES.— ‘‘(A) ELIGIBILITY.—No Native American-serving, nontribal institution that receives funds under this section 

shall concurrently receive funds under any other provision 

of this part, part B, or part A of title V. ‘‘(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. ‘‘(C) DISTRIBUTION.—In awarding grants under this 

section, the Secretary shall, to the extent possible and consistent with the competitive process under which such 

grants are awarded, ensure maximum and equitable distribution among all eligible institutions. ‘‘(D) MINIMUM GRANT AMOUNT.—The minimum amount 

of a grant under this section shall be $200,000.’’. 

SEC. 307. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN 

PACIFIC ISLANDER-SERVING INSTITUTIONS. 

Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding 

after section 319 (as added by section 306 of this Act) the following: 

‘‘SEC. 320. ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTIONS. 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall provide 

grants and related assistance to Asian American and Native American Pacific Islander-serving institutions to enable such institutions 

to improve and expand their capacity to serve Asian Americans and 

Native American Pacific Islanders and low-income individuals. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) ASIAN AMERICAN.—The term ‘Asian American’ has the 

meaning given the term ‘Asian’ in the Office of Management 

and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on 

October 30, 1997 (62 Fed. Reg. 58789). 

‘‘(2) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTION.—The term ‘Asian American and 

Native American Pacific Islander-serving institution’ means an 

institution of higher education that—

‘‘(A) is an eligible institution under section 312(b); and 


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‘‘(B) at the time of application, has an enrollment of 

undergraduate students that is not less than 10 percent 

students who are Asian American or Native American Pacific Islander. 

‘‘(3) NATIVE AMERICAN PACIFIC ISLANDER.—The term ‘Native American Pacific Islander’ means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States. 

‘‘(c) AUTHORIZED ACTIVITIES.— ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded 

under this section shall be used by Asian American and Native 

American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities 

to improve and expand such institutions’ capacity to serve 

Asian Americans and Native American Pacific Islanders and 

low-income individuals. ‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs may include—

‘‘(A) purchase, rental, or lease of scientific or laboratory 

equipment for educational purposes, including instructional and research purposes; 

‘‘(B) renovation and improvement in classroom, library, 

laboratory, and other instructional facilities; 

‘‘(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction; 

‘‘(D) curriculum development and academic instruction; 

‘‘(E) purchase of library books, periodicals, microfilm, 

and other educational materials; 

‘‘(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; ‘‘(G) joint use of facilities such as laboratories and libraries; ‘‘(H) academic tutoring and counseling programs and 

student support services; ‘‘(I) establishing community outreach programs that 

will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education; ‘‘(J) establishing or improving an endowment fund; 

‘‘(K) academic instruction in disciplines in which Asian 

Americans and Native American Pacific Islanders are 

underrepresented; ‘‘(L) conducting research and data collection for Asian 

American and Native American Pacific Islander populations and subpopulations; ‘‘(M) establishing partnerships with community-based 

organizations serving Asian Americans and Native American Pacific Islanders; and 

‘‘(N) education or counseling services designed to improve the financial and economic literacy of students or the 

students’ families. 

‘‘(d) APPLICATION PROCESS.—


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‘‘(1) INSTITUTIONAL ELIGIBILITY.—Each Asian American 

and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the 

Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Native 

American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the 

Secretary may reasonably require. 

‘‘(2) APPLICATIONS.—Any institution that is determined by 

the Secretary to be an Asian American and Native American 

Pacific Islander-serving institution may submit an application 

for assistance under this section to the Secretary. Such application shall include—

‘‘(A) a five-year plan for improving the assistance provided by the Asian American and Native American Pacific 

Islander-serving institution to Asian American and Native 

American Pacific Islander students and low-income individuals; and 

‘‘(B) such other information and assurances as the Secretary may reasonably require. 

‘‘(3) SPECIAL RULES.—

‘‘(A) ELIGIBILITY.—No Asian American and Native 

American Pacific Islander-serving institution that receives 

funds under this section shall concurrently receive funds 

under any other provision of this part, part B, or title V. 

‘‘(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. 

‘‘(C) DISTRIBUTION.—In awarding grants under this 

section, the Secretary shall—

‘‘(i) to the extent possible and consistent with the 

competitive process under which such grants are 

awarded, ensure maximum and equitable distribution 

among all eligible institutions; and 

‘‘(ii) give priority consideration to institutions for 

which not less than 10 percent of such institution’s 

Asian American and Native American Pacific Islander 

students are low-income individuals.’’. 

SEC. 308. PART B DEFINITIONS. 

Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting ‘‘, in 

consultation with the Commissioner for Education Statistics’’ before ‘‘and the Commissioner’’. 

SEC. 309. GRANTS TO INSTITUTIONS. 

Section 323(a) (20 U.S.C. 1062(a)) is amended—

(1) in the matter preceding paragraph (1), by striking 

‘‘360(a)(2)’’ and inserting ‘‘399(a)(2)’’; 

(2) by redesignating paragraph (12) as paragraphs (15); 

and 

(3) by inserting after paragraph (11) the following: 

‘‘(12) Acquisition of real property in connection with the 

construction, renovation, or addition to or improvement of campus facilities. 

‘‘(13) Education or financial information designed to improve the financial literacy and economic literacy of students or 


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the students’ families, especially with regard to student indebtedness and student assistance programs under title IV. ‘‘(14) Services necessary for the implementation of projects 

or activities that are described in the grant application and 

that are approved, in advance, by the Secretary, except that not 

more than two percent of the grant amount may be used for this 

purpose.’’. 

SEC. 310. ALLOTMENTS. 

(a) MINIMUM ALLOTMENT.—Subsection (d) of section 324 (20 

U.S.C. 1063(d)) is amended to read as follows: ‘‘(d) MINIMUM ALLOTMENT.—Notwithstanding subsections (a) 

through (c), and subject to subsection (h), if the amount of an award 

under this section for a part B institution, based on the data provided by the part B institution and the formula under subsections 

(a) through (c), would be— ‘‘(1) an amount that is greater than $250,000 but less than $500,000, the Secretary shall award the part B institution an 

allotment in the amount of $500,000; and ‘‘(2) an amount that is equal to or less than $250,000, the 

Secretary shall award the part B institution an allotment in the 

amount of $250,000.’’. (b) CONDITIONS FOR ALLOTMENTS.—Section 324 (20 U.S.C. 

1063) is further amended by adding at the end the following new 

subsection: ‘‘(h) CONDITIONS FOR ALLOTMENTS.— ‘‘(1) STUDENT REQUIREMENTS FOR ALLOTMENT.—Notwithstanding any other provision of this section, a part B institution 

that would otherwise be eligible for funds under this part shall 

not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), if the 

part B institution, in the academic year preceding such fiscal 

year— ‘‘(A) did not have any enrolled students who were Pell 

Grant recipients; ‘‘(B) did not graduate any students; or 

‘‘(C) where appropriate, did not have any students who, 

within 5 years of graduation from the part B institution, 

were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which 

Blacks are underrepresented. 

‘‘(2) DATA REQUIREMENTS FOR ALLOTMENTS.—Notwithstanding any other provision of this section, a part B institution 

shall not receive an allotment under this part for a fiscal year, 

including the minimum allotment under subsection (d), unless 

the institution provides the Secretary with the data required by 

the Secretary and for purposes of the formula described in subsections (a) through (c), including—

‘‘(A) the number of Pell Grant recipients enrolled in the 

part B institution in the academic year preceding such fiscal year; 

‘‘(B) the number of students who earned an associate or 

baccalaureate degree from the part B institution in the academic year preceding such fiscal year; and 

‘‘(C) where appropriate, the percentage of students who, 

within 5 years of graduation from the part B institution, 


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were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which 

Blacks are underrepresented in the academic year preceding such fiscal year.’’. 

SEC. 311. PROFESSIONAL OR GRADUATE INSTITUTIONS. 

(a) DURATION OF GRANT.—Section 326(b) (20 U.S.C. 1063b(b)) 

is amended by adding at the end the following: ‘‘Any funds awarded 

for such five-year grant period that are obligated during such fiveyear period may be expended during the 10-year period beginning 

on the first day of such five-year period.’’. (b) AUTHORIZED ACTIVITIES.—Section 326(c) (20 U.S.C. 

1063b(c)) is amended— (1) in paragraph (5), by striking ‘‘establish or improve’’ and 

inserting ‘‘establishing or improving’’; 

(2) in paragraph (6)— (A) by striking ‘‘assist’’ and inserting ‘‘assisting’’; and 

(B) by striking ‘‘and’’ after the semicolon; 

(3) by striking the period at the end of paragraph (7) and 

inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(8) acquisition of real property that is adjacent to the campus in connection with the construction, renovation, or addition 

to or improvement of campus facilities; ‘‘(9) education or financial information designed to improve 

the financial literacy and economic literacy of students or the 

students’ families, especially with regard to student indebtedness and student assistance programs under title IV; ‘‘(10) services necessary for the implementation of projects 

or activities that are described in the grant application and 

that are approved, in advance, by the Secretary, except that not 

more than two percent of the grant amount may be used for this 

purpose; ‘‘(11) tutoring, counseling, and student service programs designed to improve academic success; and ‘‘(12) other activities proposed in the application submitted 

under subsection (d) that— ‘‘(A) contribute to carrying out the purposes of this 

part; and ‘‘(B) are approved by the Secretary as part of the review 

and acceptance of such application.’’. (c) ELIGIBILITY.—

(1) IN GENERAL.—Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) 

is amended—

(A) in the matter preceding subparagraph (A), by inserting a colon after ‘‘the following’’; 

(B) in subparagraph (Q), by striking ‘‘and’’ at the end; 

(C) in subparagraph (R), by striking the period at the 

end and inserting a semicolon; and 

(D) by adding at the end the following: 

‘‘(S) Alabama State University qualified graduate programs; 

‘‘(T) Prairie View A&M University qualified graduate 

programs; 

‘‘(U) Delaware State University qualified graduate programs; 


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‘‘(V) Langston University qualified graduate programs; 

‘‘(W) Bowie State University qualified graduate programs; and ‘‘(X) University of the District of Columbia David A. 

Clarke School of Law.’’. (2) CONFORMING AMENDMENT.—Section 326(e)(3) (20 U.S.C. 

1063b(e)(3)) is amended— (A) by striking ‘‘1998’’ and inserting ‘‘2008’’; and 

(B) by striking ‘‘(Q) and (R)’’ and inserting ‘‘(S) through 

(X)’’. (3) ADDITIONAL ELIGIBILITY CHANGES.—Section 326(e)(2)(A) 

(20 U.S.C. 1063b(e)(2)(A)) is amended— (A) by inserting ‘‘in law or’’ after ‘‘instruction’’; and 

(B) by striking ‘‘mathematics, or’’ and inserting ‘‘mathematics, psychometrics, or’’. (4) ONE GRANT PER INSTITUTION.—Section 326(e)(4) (20 

U.S.C. 1063b(e)(4)) is amended by striking ‘‘or university system’’. (d) FUNDING RULE.—Section 326(f) (20 U.S.C. 1063b(f)) is 

amended—

(1) in paragraph (1)— (A) by striking ‘‘$26,600,000’’ and inserting ‘‘$56,900,000’’; and 

(B) by striking ‘‘(P)’’ and inserting ‘‘(R)’’; 

(2) in paragraph (2)— (A) by striking ‘‘$26,600,000, but not in excess of $28,600,000’’ and inserting ‘‘$56,900,000, but not in excess 

of $62,900,000’’; and 

(B) by striking ‘‘subparagraphs (Q) and (R)’’ and inserting ‘‘subparagraphs (S) through (X)’’; and 

(3) in the matter preceding subparagraph (A) of paragraph 

(3)— (A) by striking ‘‘$28,600,000’’ and inserting ‘‘$62,900,000’’; and 

(B) by striking ‘‘(R)’’ and inserting ‘‘(X)’’. (e) HOLD HARMLESS RULE.—Section 326(g) (20 U.S.C. 1063(g)) 

is amended by striking ‘‘1998’’ each place it appears and inserting ‘‘2008’’. (f) INTERACTION WITH OTHER GRANT PROGRAMS.—Section 326 

(as amended by this section) (20 U.S.C. 1063) is further amended 

by adding at the end the following: 

‘‘(h) INTERACTION WITH OTHER GRANT PROGRAMS.—No institution that is eligible for and receives an award under section 512, 

723, or 724 for a fiscal year shall be eligible to apply for a grant, 

or receive grant funds, under this section for the same fiscal year.’’. 

SEC. 312. UNEXPENDED FUNDS. 

Section 327(b) (20 U.S.C. 1063c(b)) is amended to read as follows: 

‘‘(b) USE OF UNEXPENDED FUNDS.—Any funds paid to an institution and not expended or used for the purposes for which the 

funds were paid during the five-year period following the date of the 

initial grant award, may be carried over and expended during the 

succeeding five-year period, if such funds were obligated for a purpose for which the funds were paid during the five-year period following the date of the initial grant award.’’. 


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SEC. 313. ENDOWMENT CHALLENGE GRANTS. 

(a) AMOUNTS.—Section 331(b) (20 U.S.C. 1065(b)) is amended—

(1) in paragraph (2)(B)(i), by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’; and 

(2) in paragraph (5), by striking ‘‘$50,000’’ and inserting 

‘‘$100,000’’. 

(b) TECHNICAL ASSISTANCE.—Section 331 (20 U.S.C. 1065) is 

further amended by adding at the end the following: 

‘‘(i) TECHNICAL ASSISTANCE.—The Secretary, directly or by 

grant or contract, may provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a grant, under this section.’’. 

SEC. 314. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL 

FINANCING. 

(a) DEFINITIONS.—Section 342 (20 U.S.C. 1066a) is amended—

(1) in paragraph (5)(G), by striking ‘‘by a nationally recognized accrediting agency or association’’ and inserting ‘‘by an 

accrediting agency or association recognized by the Secretary 

under subpart 2 of part H of title IV’’; and 

(2) in paragraph (8), by inserting ‘‘capital project’’ after 

‘‘issuing taxable’’. 

(b) FEDERAL INSURANCE FOR BONDS.—Section 343(b) (20 U.S.C. 

1066b(b)) is amended—

(1) in paragraph (8)(B)(ii)—

(A) by striking ‘‘10’’ and inserting ‘‘5’’; and 

(B) by inserting ‘‘within 120 days’’ after ‘‘loan proceeds’’; 

(2) in paragraph (10), by striking ‘‘and’’ after the semicolon; 

(3) in paragraph (11), by striking the period at the end and 

inserting ‘‘; and’’; and 

(4) by adding at the end the following: 

‘‘(12) limit loan collateralization, with respect to any loan 

made under this part, to 100 percent of the loan amount, except 

as otherwise required by the Secretary.’’. 

(c) LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED BY

THE DESIGNATED BONDING AUTHORITY.—Section 344(a) (20 U.S.C. 

1066c(a)) is amended—

(1) in the matter preceding paragraph (1), by striking 

‘‘$375,000,000’’ and inserting ‘‘$1,100,000,000’’; 

(2) in paragraph (1), by striking ‘‘$250,000,000’’ and inserting ‘‘$733,333,333’’; and 

(3) in paragraph (2), by striking ‘‘$125,000,000’’ and inserting ‘‘$366,666,667’’. 

(d) AUTHORITY OF THE SECRETARY.—Section 345 (20 U.S.C. 

1066d) is amended—

(1) in paragraph (1), by striking ‘‘enactment of the Higher 

Education Amendments of 1992,’’ and inserting ‘‘the date of enactment of the Higher Education Opportunity Act,’’; 

(2) by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively; 

(3) by inserting after paragraph (1) the following: 

‘‘(2) shall ensure that—

‘‘(A) the selection process for the designated bonding 

authority is conducted on a competitive basis; and 


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‘‘(B) the evaluation and selection process is transparent; 

‘‘(3) shall— ‘‘(A) review the performance of the designated bonding 

authority after the third year of the insurance agreement; 

and ‘‘(B) following the review described in subparagraph 

(A), implement a revised competitive selection process, if determined necessary by the Secretary in consultation with 

the Advisory Board established pursuant to section 347;’’; 

(4) in paragraph (8) (as redesignated by paragraph (2)), by 

striking ‘‘and’’ after the semicolon; 

(5) in paragraph (9) (as redesignated by paragraph (2)), by 

striking the period at the end and inserting ‘‘; and’’; and 

(6) by adding at the end the following: 

‘‘(10) not later than 120 days after the date of enactment of 

the Higher Education Opportunity Act, shall submit to the authorizing committees a report on the progress of the Department 

in implementing the recommendations made by the Government 

Accountability Office in October 2006 for improving the Historically Black College and Universities Capital Financing Program.’’. (e) HBCU CAPITAL FINANCING ADVISORY BOARD.—Section 347 

(20 U.S.C. 1066f) is amended— (1) in subsection (b)(1)— (A) by striking out ‘‘9 members’’ and inserting ‘‘11 

members’’; 

(B) in subparagraph (C), by striking ‘‘Two’’ and inserting ‘‘Three’’; and 

(C) by adding at the end the following: 

‘‘(G) The president of the Thurgood Marshall College 

Fund, or the designee of the president.’’; and 

(2) by adding at the end the following: ‘‘(c) ADDITIONAL RECOMMENDATIONS FROM ADVISORY BOARD.—

‘‘(1) IN GENERAL.—In addition to the responsibilities of the 

Advisory Board described in subsection (a), the Advisory Board 

shall advise the Secretary and the authorizing committees regarding—

‘‘(A) the fiscal status and strategic financial condition 

of not less than ten historically Black colleges and universities that have— ‘‘(i) obtained construction financing through the 

program under this part and seek additional financing 

or refinancing under such program; or ‘‘(ii) applied for construction financing through the 

program under this part but have not received financing under such program; and 

‘‘(B) the feasibility of reducing borrowing costs associated with the program under this part, including reducing 

interest rates. 

‘‘(2) REPORT.—Not later than six months after the date of 

enactment of the Higher Education Opportunity Act, the Advisory Board shall prepare and submit a report to the authorizing 

committees regarding the historically Black colleges and universities described in paragraph (1)(A) that includes administraVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00111 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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tive and legislative recommendations for addressing the issues 

related to construction financing facing such historically Black 

colleges and universities.’’. 

SEC. 315. PROGRAMS IN STEM FIELDS. 

(a) YES PARTNERSHIPS; ENTRY INTO STEM FIELDS.—Part E of 

title III (20 U.S.C. 1067 et seq.) is amended— (1) by redesignating subpart 2 as subpart 3; and 

(2) by inserting after subpart 1 the following new subpart: 

‘‘Subpart 2—Programs in STEM Fields 

‘‘SEC. 355. YES PARTNERSHIPS GRANT PROGRAM. 

‘‘(a) GRANT PROGRAM AUTHORIZED.—Subject to the availability 

of appropriations to carry out this subpart, the Secretary shall make 

grants to eligible partnerships (as described in subsection (f)) to support the engagement of underrepresented minority youth and youth 

who are low-income individuals (as such term is defined in section 

302) in science, technology, engineering, and mathematics through 

outreach and hands-on, experiential-based learning projects that encourage students in kindergarten through grade 12 who are underrepresented minority youth or low-income individuals to pursue careers in science, technology, engineering, and mathematics. 

‘‘(b) MINIMUM GRANT AMOUNT.—A grant awarded to a partnership under this subpart shall be for an amount that is not less than 

$500,000. 

‘‘(c) DURATION.—A grant awarded under this subpart shall be 

for a period of five years. 

‘‘(d) NON-FEDERAL MATCHING SHARE REQUIRED.—A partnership receiving a grant under this subpart shall provide, from nonFederal sources, in cash or in-kind, an amount equal to 50 percent 

of the costs of the project supported by such grant. 

‘‘(e) DISTRIBUTION OF GRANTS.—In awarding grants under this 

subpart, the Secretary shall ensure that, to the maximum extent 

practicable, the projects funded under this subpart are located in diverse geographic regions of the United States. 

‘‘(f) ELIGIBLE PARTNERSHIPS.—Notwithstanding the general eligibility provision in section 361, eligibility to receive grants under 

this subpart is limited to partnerships described in paragraph (5) 

of such section. 

‘‘SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS. 

‘‘(a) AUTHORITY TO CONTRACT, SUBJECT TO APPROPRIATIONS.— The Secretary is authorized to enter into a contract with a firm with 

a demonstrated record of success in advertising to implement a 

campaign to expand the population of qualified individuals in 

science, technology, engineering, and mathematics fields (referred to 

in this section as ‘STEM fields’) by encouraging young Americans 

to enter such fields. 

‘‘(b) DESIGN OF CAMPAIGN.—The campaign under this section 

shall be designed to enhance the image of education and professions 

in the STEM fields and promote participation in the STEM fields, 

and may include—

‘‘(1) monitoring trends in youths’ attitudes toward pursuing 

education and professions in the STEM fields and their propensity toward entering the STEM fields; 


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‘‘(2) determining what factors contribute to encouraging 

and discouraging Americans from pursuing study in STEM 

fields and entering the STEM fields professionally; ‘‘(3) determining what specific factors limit the participation of groups currently underrepresented in STEM fields, including Latinos, African-Americans, and women; and ‘‘(4) drawing from the market research performed under 

this section and implementing an advertising campaign to encourage young Americans to take up studies in STEM fields, beginning at an early age. 

‘‘(c) REQUIRED COMPONENTS.—The campaign under this section 

shall— ‘‘(1) include components that focus tailored messages on appropriate age groups, starting with elementary school students; 

and ‘‘(2) link participation in the STEM fields to the concept of 

service to one’s country, so that young people will be encouraged 

to enter the STEM fields in order fulfill the obligation to be of 

service to their country. 

‘‘(d) PRIORITY.—The campaign under this section shall hold as 

a high priority making specific appeals to Hispanic Americans, African Americans, Native Americans, students with disabilities, and 

women, who are currently underrepresented in the STEM fields, in 

order to increase their numbers in the STEM fields, and shall tailor 

recruitment efforts to each specific group. ‘‘(e) USE OF VARIETY OF MEDIA.—The campaign under this section shall make use of a variety of media, with an emphasis on television advertising, to reach its intended audience. ‘‘(f) TEACHING.—The campaign under this section shall include 

a narrowly focused effort to attract current professionals in the 

STEM fields, through advertising in mediums likely to reach that 

specific group, into teaching in a STEM field in elementary schools 

and secondary schools. 

‘‘SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN. 

‘‘The Secretary shall develop an evaluation and accountability 

plan for projects funded under this subpart. Such plan shall include, if the Secretary determines that it is practical, an objective 

measure of the impact of such projects, such as a measure of whether underrepresented minority student enrollment in courses related 

to science, technology, engineering, and mathematics increases at 

the secondary and postsecondary levels.’’. 

(b) ELIGIBILITY FOR GRANTS.—Section 361 (20 U.S.C. 1067g) is 

amended—

(1) by striking ‘‘or’’ at the end of paragraph (3)(B); 

(2) in paragraph (4)—

(A) in subparagraph (A), by striking ‘‘institutions of 

higher education’’ and inserting ‘‘public and private nonprofit institutions of higher education’’; 

(B) in subparagraph (C), by inserting before the semicolon the following: ‘‘, the Department of Defense, or the 

National Institutes of Health’’; 

(C) by striking subparagraph (D) and inserting the following: 

‘‘(D) relevant offices of the National Aeronautics and 

Space Administration, National Oceanic and Atmospheric 


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Administration, National Science Foundation, and National Institute of Standards and Technology;’’; 

(D) by striking the period at the end of subparagraph 

(E) and inserting ‘‘; or’’; and 

(E) by adding at the end the following: 

‘‘(F) institutions of higher education that have Statesponsored centers for research in science, technology, engineering, and mathematics; or’’; and 

(3) by adding at the end the following: 

‘‘(5) only with respect to grants under subpart 2, partnerships of organizations, the membership of which shall include—

‘‘(A) at least one institution of higher education eligible 

for assistance under this title or title V; 

‘‘(B) at least one high-need local educational agency (as 

defined in section 200); and 

‘‘(C) at least two community organizations or entities, 

such as businesses, professional associations, communitybased organizations, philanthropic organizations, or State 

agencies.’’. 

SEC. 316. INVESTING IN HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER MINORITY-SERVING INSTITUTIONS. 

(a) REDESIGNATION AND RELOCATION.—The Act (20 U.S.C. 1001 

et seq.) is further amended—

(1) by redesignating part F of title III as part G of title III; 

(2) by redesignating part J of title IV (as added by section 

802 of the College Cost Reduction and Access Act) as part F of 

title III, and moving such part so that such part follows part 

E of title III; and 

(3) by redesignating section 499A (as added by section 802 

of such Act) as section 371. 

(b) CONFORMING AMENDMENTS.—Section 371 (as redesignated 

by subsection (a)(3)) is amended—

(1) in subsection (b)(2)(C)(i), by striking ‘‘title III’’ each 

place the term appears and inserting ‘‘this title’’; and 

(2) in subsection (c)(9)(F), by striking ‘‘title III’’ and inserting ‘‘this title’’. 

(c) AVAILABILITY OF FUNDS.—Paragraph (1) of section 371(b) 

(as redesignated by subsection (a)(3)) is amended to read as follows: 

‘‘(1) IN GENERAL.—

‘‘(A) PROVISION OF FUNDS.—There shall be available to 

the Secretary to carry out this section, from funds in the 

Treasury not otherwise appropriated, $255,000,000 for each 

of the fiscal years 2008 and 2009. The authority to award 

grants under this section shall expire at the end of fiscal 

year 2009. 

‘‘(B) AVAILABILITY.—Funds made available under subparagraph (A) for a fiscal year shall remain available for 

the next succeeding fiscal year.’’. 

SEC. 317. TECHNICAL ASSISTANCE. 

Section 391 (20 U.S.C. 1068) is amended by adding at the end 

the following: 

‘‘(e) TECHNICAL ASSISTANCE.—The Secretary, directly or by 

grant or contract, may provide technical assistance to eligible instiVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00114 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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tutions to prepare the institutions to qualify, apply for, and maintain a grant, under this title.’’. 

SEC. 318. WAIVER AUTHORITY. 

Section 392 (20 U.S.C. 1068a) is amended by adding at the end 

the following: 

‘‘(c) WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS LOCATED IN AN AREA AFFECTED BY A GULF HURRICANE DISASTER.—

‘‘(1) WAIVER AUTHORITY.—Notwithstanding any other provision of law, unless enacted with specific reference to this section, for any affected institution that was receiving assistance 

under this title at the time of a Gulf hurricane disaster, the Secretary shall, for each of the fiscal years 2009 through 2011 (and 

may, for each of the fiscal years 2012 and 2013)—

‘‘(A) waive—

‘‘(i) the eligibility data requirements set forth in 

section 391(d); 

‘‘(ii) the wait-out period set forth in section 313(d); 

‘‘(iii) the allotment requirements under section 324; 

and 

‘‘(iv) the use of the funding formula developed pursuant to section 326(f)(3); 

‘‘(B) waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving 

assistance under this title at the time of a Gulf hurricane 

disaster are not adversely affected by any formula calculation for fiscal year 2009 or for any of the four succeeding 

fiscal years, as necessary; and 

‘‘(C) make available to each affected institution an 

amount that is not less than the amount made available to 

such institution under this title for fiscal year 2006, except 

that for any fiscal year for which the funds appropriated 

for payments under this title are less than the appropriated 

level for fiscal year 2006, the amount made available to 

such institutions shall be ratably reduced among the institutions receiving funds under this title. 

‘‘(2) DEFINITIONS.—In this subsection: 

‘‘(A) AFFECTED INSTITUTION.—The term ‘affected institution’ means an institution of higher education that—

‘‘(i) is—

‘‘(I) a part A institution (which term shall 

have the meaning given the term ‘eligible institution’ under section 312(b)); or 

‘‘(II) a part B institution, as such term is defined in section 322(2), or as identified in section 

326(e); 

‘‘(ii) is located in an area affected by a Gulf hurricane disaster; and 

‘‘(iii) is able to demonstrate that, as a result of the 

impact of a Gulf hurricane disaster, the institution—

‘‘(I) incurred physical damage; 

‘‘(II) has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and 


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‘‘(III) was not able to fully reopen in existing 

facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning 

on August 29, 2005. ‘‘(B) AREA AFFECTED BY A GULF HURRICANE DISASTER; 

GULF HURRICANE DISASTER.—The terms ‘area affected by a 

Gulf hurricane disaster’ and ‘Gulf hurricane disaster’ have 

the meanings given such terms in section 209 of the Higher 

Education Hurricane Relief Act of 2005 (Public Law 109– 148, 119 Stat. 2809).’’. 

SEC. 319. AUTHORIZATION OF APPROPRIATIONS. 

Section 399(a) (20 U.S.C. 1068h(a)) is amended to read as follows: ‘‘(a) AUTHORIZATIONS.— ‘‘(1) PART A.—(A) There are authorized to be appropriated 

to carry out part A (other than sections 316 through 320), 

$135,000,000 for fiscal year 2009, and such sums as may be 

necessary for each of the five succeeding fiscal years. ‘‘(B) There are authorized to be appropriated to carry out section 316, $30,000,000 for fiscal year 2009, and such sums as 

may be necessary for each of the five succeeding fiscal years. ‘‘(C) There are authorized to be appropriated to carry out section 317, $15,000,000 for fiscal year 2009, and such sums as 

may be necessary for each of the five succeeding fiscal years. ‘‘(D) There are authorized to be appropriated to carry out section 318, $75,000,000 for fiscal year 2009 and each of the 

five succeeding fiscal years. ‘‘(E) There are authorized to be appropriated to carry out section 319, $25,000,000 for fiscal year 2009, and such sums as 

may be necessary for each of the five succeeding fiscal years. ‘‘(F) There are authorized to be appropriated to carry out section 320, $30,000,000 for fiscal year 2009, and such sums as 

may be necessary for each of the five succeeding fiscal years. ‘‘(2) PART B.—(A) There are authorized to be appropriated to carry out part B (other than section 326), $375,000,000 for 

fiscal year 2009, and such sums as may be necessary for each 

of the five succeeding fiscal years. ‘‘(B) There are authorized to be appropriated to carry out section 326, $125,000,000 for fiscal year 2009, and such sums 

as may be necessary for each of the five succeeding fiscal years. ‘‘(3) PART C.—There are authorized to be appropriated to 

carry out part C, $10,000,000 for fiscal year 2009, and such 

sums as may be necessary for each of the five succeeding fiscal 

years. 

‘‘(4) PART D.—(A) There are authorized to be appropriated 

to carry out part D (other than section 345(9), but including 

section 347), $185,000 for fiscal year 2009, and such sums as 

may be necessary for each of the five succeeding fiscal years. 

‘‘(B) There are authorized to be appropriated to carry out 

section 345(9) such sums as may be necessary for fiscal year 

2009 and each of the five succeeding fiscal years. 

‘‘(5) PART E.—(A) There are authorized to be appropriated 

to carry out subpart 1 of part E, $12,000,000 for fiscal year 

2009, and such sums as may be necessary for each of the five 

succeeding fiscal years. 


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‘‘(B) There are authorized to be appropriated to carry out 

subpart 2 of part E, such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years.’’. 

SEC. 320. TECHNICAL CORRECTIONS. 

Title III (20 U.S.C. 1051 et seq.) is further amended— (1) in section 342(5) (20 U.S.C. 1066a(5))— (A) in the matter preceding subparagraph (A), by inserting a comma after ‘‘344(b)’’; and 

(B) in subparagraph (C), by striking ‘‘equipment technology,,’’ and inserting ‘‘equipment, technology,’’; 

(2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting ‘‘SALE OF QUALIFIED BONDS.—’’ before ‘‘Notwithstanding’’; 

(3) in the matter preceding clause (i) of section 365(9)(A) 

(20 U.S.C. 1067k(9)(A)), by striking ‘‘support’’ and inserting ‘‘supports’’; 

(4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by 

striking ‘‘subparagraph (E)’’ and inserting ‘‘subparagraph (D)’’; 

(5) in the matter preceding subparagraph (A) of section 

392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ‘‘eligible institutions under part A institutions’’ and inserting ‘‘eligible institutions under part A’’; and 

(6) in the matter preceding paragraph (1) of section 396 (20 

U.S.C. 1068e), by striking ‘‘360’’ and inserting ‘‘399’’. 

TITLE IV—STUDENT ASSISTANCE 

PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION 

SEC. 401. FEDERAL PELL GRANTS. 

(a) AUTHORIZED MAXIMUMS.— (1) AMENDMENTS.—Section 401(b) (20 U.S.C. 1070a(b)) is 

amended—

(A) by amending paragraph (2)(A) to read as follows: ‘‘(2)(A) The amount of the Federal Pell Grant for a student eligible under this part shall be— ‘‘(i) $6,000 for academic year 2009–2010; ‘‘(ii) $6,400 for academic year 2010–2011; ‘‘(iii) $6,800 for academic year 2011–2012; ‘‘(iv) $7,200 for academic year 2012–2013; ‘‘(v) $7,600 for academic year 2013–2014; and ‘‘(vi) $8,000 for academic year 2014–2015, 

less an amount equal to the amount determined to be the expected 

family contribution with respect to that student for that year.’’; 

(B) by designating the paragraphs following paragraph 

(2), in the order in which such paragraphs appear, as paragraphs (3) through (8); 

(C) in paragraph (4) (as designated by subparagraph 

(B)), by striking ‘‘$400, except’’ and all that follows through 

the period and inserting ‘‘ten percent of the maximum basic 

grant level specified in the appropriate appropriation Act 

for such academic year, except that a student who is eligible for a Federal Pell Grant in an amount that is equal to 


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or greater than five percent of such level but less than ten 

percent of such level shall be awarded a Federal Pell grant 

in the amount of ten percent of such level.’’; 

(D) by striking paragraph (5) (as designated by subparagraph (B)) and inserting the following: 

‘‘(5)(A) The Secretary shall award a student not more than 

two Federal Pell Grants during a single award year to permit 

such student to accelerate the student’s progress toward a degree or certificate if the student is enrolled—

‘‘(i) on at least a half-time basis for a period of more 

than one academic year, or more than two semesters or an 

equivalent period of time, during a single award year; and 

‘‘(ii) in a program of instruction at an institution of 

higher education for which the institution awards an associate or baccalaureate degree or a certificate. 

‘‘(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), 

the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant 

level specified in the appropriate appropriations Act for such 

award year.’’; 

(E) in paragraph (7) (as designated by subparagraph 

(B)), by inserting before the period the following: ‘‘or who 

is subject to an involuntary civil commitment upon completion of a period of incarceration for a forcible or nonforcible 

sexual offense (as determined in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting 

Program)’’; and 

(F) in paragraph (8) (as designated by subparagraph 

(B))—

(i) by amending subparagraph (D) to read as follows: 

‘‘(D) PROGRAM REQUIREMENTS AND OPERATIONS OTHERWISE UNAFFECTED.—Except as provided in subparagraphs 

(B) and (C), nothing in this paragraph shall be construed 

to alter the requirements and operations of the Federal Pell 

Grant Program as authorized under this section, or authorize the imposition of additional requirements or operations 

for the determination and allocation of Federal Pell Grants 

under this section.’’; and 

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

‘‘(F) AVAILABILITY OF FUNDS.—The amounts made 

available by subparagraph (A) for any fiscal year shall be 

available beginning on October 1 of that fiscal year, and 

shall remain available through September 30 of the succeeding fiscal year.’’. 

(2) EFFECTIVE DATE.—

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the amendments made by paragraph (1) shall take effect on July 1, 2009. 

(B) SPECIAL RULE.—The amendments made by subparagraph (F) of paragraph (1) shall take effect on the date 

of enactment of this Act. 


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(b) MAXIMUM DURATION OF ELIGIBILITY.—Section 401(c) (20 

U.S.C. 1070a(c)) is amended by adding at the end the following new 

paragraph: 

‘‘(5) The period during which a student may receive Federal 

Pell Grants shall not exceed 18 semesters, or the equivalent of 18 

semesters, as determined by the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a term but was enrolled at a fraction of full-time, 

that only that same fraction of such semester or equivalent shall 

count towards such duration limits. The provisions of this paragraph shall apply only to a student who receives a Federal Pell 

Grant for the first time on or after July 1, 2008.’’. 

(c) CALCULATION OF FEDERAL PELL GRANT ELIGIBILITY.—

(1) AMENDMENT.—Section 401(f) (20 U.S.C. 1070a(f)) is 

amended by adding at the end the following new paragraph: 

‘‘(4)(A) Notwithstanding paragraph (1) or any other provision of 

this section, the expected family contribution of each student described in subparagraph (B) shall be deemed to be zero for the period during which each such student is eligible to receive a Federal 

Pell Grant under subsection (c). 

‘‘(B) Subparagraph (A) shall apply to any student at an institution of higher education—

‘‘(i) whose parent or guardian was a member of the Armed 

Forces of the United States who died as a result of performing 

military service in Iraq or Afghanistan after September 11, 

2001; and 

‘‘(ii) who was less than 24 years of age, or was enrolled as 

a full-time or part-time student at an institution of higher education, as of the time of the parent or guardian’s death. 

‘‘(C) Notwithstanding any other provision of law, the Secretary 

of Veterans Affairs and the Secretary of Defense, as appropriate, 

shall provide the Secretary of Education with information necessary 

to determine which students meet the requirements of subparagraph 

(B).’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on July 1, 2009. 

SEC. 402. ACADEMIC COMPETITIVENESS GRANTS. 

(a) AMENDMENTS.—

(1) IN GENERAL.—Section 401A (as amended by Public Law 

110–227) (20 U.S.C. 1070a–1) is amended—

(A) in subsection (c)(3)—

(i) in subparagraph (A), by striking clause (i) and 

inserting the following: 

‘‘(i)(I) successfully completes, after January 1, 

2006, but before July 1, 2009, a rigorous secondary 

school program of study established by a State or local 

educational agency and recognized as such by the Secretary; or 

‘‘(II) successfully completes, on or after July 1, 

2009, a rigorous secondary school program of study 

that prepares students for college—

‘‘(aa)(AA) that is recognized as such by the official designated for such recognition consistent 

with State law; and 


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‘‘(BB) about which the designated official has 

reported to the Secretary, at such time as the Secretary may reasonably require, in order to assist financial aid administrators to determine that the 

student is an eligible student under this section; or 

‘‘(bb) that is recognized as such by the Secretary in regulations promulgated to carry out this 

section, as such regulations were in effect on May 

6, 2008; and’’; and 

(ii) in subparagraph (B), by striking clause (i) and 

inserting the following: 

‘‘(i)(I) successfully completes, after January 1, 

2005, but before July 1, 2009, a rigorous secondary 

school program of study established by a State or local 

educational agency and recognized as such by the Secretary; or 

‘‘(II) successfully completes, on or after July 1, 

2009, a rigorous secondary school program of study 

that prepares students for college—

‘‘(aa)(AA) that is recognized as such by the official designated for such recognition consistent 

with State law; and 

‘‘(BB) about which the designated official has 

reported to the Secretary, at such time as the Secretary may reasonably require, in order to assist financial aid administrators to determine that the 

student is an eligible student under this section; or 

‘‘(bb) that is recognized as such by the Secretary in regulations promulgated to carry out this 

section, as such regulations were in effect on May 

6, 2008; and’’; and 

(B) by amending subsection (e)(2) to read as follows: 

‘‘(2) AVAILABILITY OF FUNDS.—The amounts made available 

by paragraph (1) for any fiscal year shall be available from October 1 of that fiscal year and remain available through September 30 of the succeeding fiscal year.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1)(B) shall take effect on October 1, 2008. 

(3) EFFECTIVE DATE AMENDMENT.—Section 10(b) of the Ensuring Continued Access to Student Loans Act of 2008 is 

amended by striking ‘‘January 1’’ and inserting ‘‘July 1’’. 

(b) WAIVER OF MASTER CALENDAR AND NEGOTIATED RULEMAKING REQUIREMENTS.—Sections 482 and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089, 1098a) shall not apply to the 

amendments made by subsection (a), or to any regulations promulgated under those amendments. 

(c) RELATED AMENDMENT TO THE ENSURING CONTINUED ACCESS TO STUDENT LOANS ACT OF 2008.—

(1) AMENDMENT.—Section 11 of the Ensuring Continued 

Access to Student Loans Act of 2008 is amended by striking 

‘‘sections 2 through 9 of’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect as if enacted as part of the Ensuring Continued Access to Student Loans Act of 2008. 


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SEC. 403. FEDERAL TRIO PROGRAMS. 

(a) PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS.—Section 402A (20 U.S.C. 1070a–11) is amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) by inserting ‘‘including community-based organizations with experience in serving disadvantaged 

youth’’ after ‘‘private agencies and organizations’’; and 

(ii) by striking ‘‘in exceptional circumstances’’ and 

inserting ‘‘, as appropriate to the purposes of the program’’; 

(B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by 

striking ‘‘4’’ and inserting ‘‘5’’; and 

(ii) by amending subparagraph (A) to read as follows: 

‘‘(A) in order to synchronize the awarding of grants for 

programs under this chapter, the Secretary may, under 

such terms as are consistent with the purposes of this chapter, provide a one-time, limited extension of the length of 

such an award;’’; and 

(C) by striking paragraph (3) and inserting the following: 

‘‘(3) MINIMUM GRANTS.—Unless the institution or agency requests a smaller amount, an individual grant authorized under 

this chapter shall be awarded in an amount that is not less 

than $200,000, except that an individual grant authorized 

under section 402G shall be awarded in an amount that is not 

less than $170,000.’’; 

(2) in subsection (c)—

(A) in paragraph (2)—

(i) by striking ‘‘(2) PRIOR EXPERIENCE.—In’’ and inserting the following: 

‘‘(2) CONSIDERATIONS.—

‘‘(A) PRIOR EXPERIENCE.—In’’; 

(ii) by striking ‘‘service delivery’’ and inserting 

‘‘high quality service delivery, as determined under 

subsection (f),’’; and 

(iii) by adding at the end the following new subparagraph: 

‘‘(B) PARTICIPANT NEED.—In making grants under this 

chapter, the Secretary shall consider the number, percentages, and needs of eligible participants in the area, institution of higher education, or secondary school to be served 

to aid such participants in preparing for, enrolling in, or 

succeeding in postsecondary education, as appropriate to 

the particular program for which the eligible entity is applying.’’; 

(B) in paragraph (3)(B), by striking ‘‘is not required to’’

and inserting ‘‘shall not’’; 

(C) in paragraph (5), by striking ‘‘campuses’’ and inserting ‘‘different campuses’’; 

(D) in paragraph (6), by adding at the end the following new sentence: ‘‘The Secretary shall, as appropriate, 

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thorized by this chapter to identify and make available 

services under such program, including mentoring, tutoring, and other services provided by such program, to foster 

care youth (including youth in foster care and youth who 

have left foster care after reaching age 13) or to homeless 

children and youths as defined in section 725 of the McKinney-Vento Homeless Assistance Act.’’; and 

(E) by adding at the end the following: 

‘‘(8) REVIEW AND NOTIFICATION BY THE SECRETARY.—

‘‘(A) GUIDANCE.—Not later than 180 days after the date 

of enactment of the Higher Education Opportunity Act, the 

Secretary shall issue nonregulatory guidance regarding the 

rights and responsibilities of applicants with respect to the 

application and evaluation process for programs and 

projects assisted under this chapter, including applicant access to peer review comments. The guidance shall describe 

the procedures for the submission, processing, and scoring 

of applications for grants under this chapter, including—

‘‘(i) the responsibility of applicants to submit materials in a timely manner and in accordance with the 

processes established by the Secretary under the authority of the General Education Provisions Act; 

‘‘(ii) steps the Secretary will take to ensure that the 

materials submitted by applicants are processed in a 

proper and timely manner; 

‘‘(iii) steps the Secretary will take to ensure that 

prior experience points for high quality service delivery 

are awarded in an accurate and transparent manner; 

‘‘(iv) steps the Secretary will take to ensure the 

quality and integrity of the peer review process, including assurances that peer reviewers will consider applications for grants under this chapter in a thorough 

and complete manner consistent with applicable Federal law; and 

‘‘(v) steps the Secretary will take to ensure that the 

final score of an application, including prior experience 

points for high quality service delivery and points 

awarded through the peer review process, is determined in an accurate and transparent manner. 

‘‘(B) UPDATED GUIDANCE.—Not later than 45 days before the date of the commencement of each competition for 

a grant under this chapter that is held after the expiration 

of the 180-day period described in subparagraph (A), the 

Secretary shall update and publish the guidance described 

in such subparagraph. 

‘‘(C) REVIEW.—

‘‘(i) IN GENERAL.—With respect to any competition 

for a grant under this chapter, an applicant may request a review by the Secretary if the applicant—

‘‘(I) has evidence of a specific technical, administrative, or scoring error made by the Department, 

an agent of the Department, or a peer reviewer, 

with respect to the scoring or processing of a submitted application; and 


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‘‘(II) has otherwise met all of the requirements 

for submission of the application. 

‘‘(ii) TECHNICAL OR ADMINISTRATIVE ERROR.—In 

the case of evidence of a technical or administrative 

error listed in clause (i)(I), the Secretary shall review 

such evidence and provide a timely response to the applicant. If the Secretary determines that a technical or 

administrative error was made by the Department or 

an agent of the Department, the application of the applicant shall be reconsidered in the peer review process 

for the applicable grant competition. 

‘‘(iii) SCORING ERROR.—In the case of evidence of a 

scoring error listed in clause (i)(I), when the error relates to either prior experience points for high quality 

service delivery or to the final score of an application, 

the Secretary shall—

‘‘(I) review such evidence and provide a timely 

response to the applicant; and 

‘‘(II) if the Secretary determines that a scoring 

error was made by the Department or a peer reviewer, adjust the prior experience points or final 

score of the application appropriately and quickly, 

so as not to interfere with the timely awarding of 

grants for the applicable grant competition. 

‘‘(iv) ERROR IN PEER REVIEW PROCESS.—

‘‘(I) REFERRAL TO SECONDARY REVIEW.—In the 

case of a peer review process error listed in clause 

(i)(I), if the Secretary determines that points were 

withheld for criteria not required in Federal statute, regulation, or guidance governing a program 

assisted under this chapter or the application for 

a grant for such program, or determines that information pertaining to selection criteria was wrongly 

determined missing from an application by a peer 

reviewer, then the Secretary shall refer the application to a secondary review panel. 

‘‘(II) TIMELY REVIEW; REPLACEMENT SCORE.—

The secondary review panel described in subclause 

(I) shall conduct a secondary review in a timely 

fashion, and the score resulting from the secondary 

review shall replace the score from the initial peer 

review. 

‘‘(III) COMPOSITION OF SECONDARY REVIEW

PANEL.—The secondary review panel shall be composed of reviewers each of whom—

‘‘(aa) did not review the application in the 

original peer review; 

‘‘(bb) is a member of the cohort of peer reviewers for the grant program that is the subject of such secondary review; and 

‘‘(cc) to extent practicable, has conducted 

peer reviews in not less than two previous 

competitions for the grant program that is the 

subject of such secondary review. 


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‘‘(IV) FINAL SCORE.—The final peer review 

score of an application subject to a secondary review under this clause shall be adjusted appropriately and quickly using the score awarded by 

the secondary review panel, so as not to interfere 

with the timely awarding of grants for the applicable grant competition. 

‘‘(V) QUALIFICATION FOR SECONDARY REVIEW.—

To qualify for a secondary review under this 

clause, an applicant shall have evidence of a scoring error and demonstrate that—

‘‘(aa) points were withheld for criteria not 

required in statute, regulation, or guidance 

governing the Federal TRIO programs or the 

application for a grant for such programs; or 

‘‘(bb) information pertaining to selection 

criteria was wrongly determined to be missing 

from the application. 

‘‘(v) FINALITY.—

‘‘(I) IN GENERAL.—A determination by the Secretary under clause (i), (ii), or (iii) shall not be reviewable by any officer or employee of the Department. 

‘‘(II) SCORING.—The score awarded by a secondary review panel under clause (iv) shall not be 

reviewable by any officer or employee of the Department other than the Secretary. 

‘‘(vi) FUNDING OF APPLICATIONS WITH CERTAIN ADJUSTED SCORES.—To the extent feasible based on the 

availability of appropriations, the Secretary shall fund 

applications with scores that are adjusted upward 

under clauses (ii), (iii), and (iv) to equal or exceed the 

minimum cut off score for the applicable grant competition.’’; 

(3) in subsection (e)—

(A) by striking ‘‘(g)(2)’’ each place it appears and inserting ‘‘(h)(4)’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(3) Notwithstanding this subsection and subsection (h)(4), individuals who are foster care youth (including youth in foster care 

and youth who have left foster care after reaching age 13), or homeless children and youths as defined in section 725 of the McKinneyVento Homeless Assistance Act, shall be eligible to participate in 

programs under sections 402B, 402C, 402D, and 402F.’’; 

(4) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; 

(5) by inserting after subsection (e) the following: 

‘‘(f) OUTCOME CRITERIA.—

‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINATION.—For 

competitions for grants under this chapter that begin on or after 

January 1, 2009, the Secretary shall determine an eligible entity’s prior experience of high quality service delivery, as required 

under subsection (c)(2), based on the outcome criteria described 

in paragraphs (2) and (3). 


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‘‘(2) DISAGGREGATION OF RELEVANT DATA.—The outcome 

criteria under this subsection shall be disaggregated by low-income students, first generation college students, and individuals 

with disabilities, in the schools and institutions of higher education served by the program to be evaluated. 

‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The outcome criteria under this subsection shall measure, annually and for 

longer periods, the quality and effectiveness of programs authorized under this chapter and shall include the following: 

‘‘(A) For programs authorized under section 402B, the 

extent to which the eligible entity met or exceeded the entity’s objectives established in the entity’s application for 

such program regarding—

‘‘(i) the delivery of service to a total number of students served by the program; 

‘‘(ii) the continued secondary school enrollment of 

such students; 

‘‘(iii) the graduation of such students from secondary school with a regular secondary school diploma 

in the standard number of years; 

‘‘(iv) the completion by such students of a rigorous 

secondary school program of study that will make such 

students eligible for programs such as the Academic 

Competitiveness Grants Program; 

‘‘(v) the enrollment of such students in an institution of higher education; and 

‘‘(vi) to the extent practicable, the postsecondary 

education completion of such students. 

‘‘(B) For programs authorized under section 402C, the 

extent to which the eligible entity met or exceeded the entity’s objectives for such program regarding—

‘‘(i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period; 

‘‘(ii) such students’ school performance, as measured by the grade point average, or its equivalent; 

‘‘(iii) such students’ academic performance, as 

measured by standardized tests, including tests required by the students’ State; 

‘‘(iv) the retention in, and graduation from, secondary school of such students; 

‘‘(v) the completion by such students of a rigorous 

secondary school program of study that will make such 

students eligible for programs such as the Academic 

Competitiveness Grants Program; 

‘‘(vi) the enrollment of such students in an institution of higher education; and 

‘‘(vii) to the extent practicable, the postsecondary 

education completion of such students. 

‘‘(C) For programs authorized under section 402D—

‘‘(i) the extent to which the eligible entity met or exceeded the entity’s objectives regarding the retention in 

postsecondary education of the students served by the 

program; 


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‘‘(ii)(I) in the case of an entity that is an institution 

of higher education offering a baccalaureate degree, the 

extent to which the entity met or exceeded the entity’s 

objectives regarding the percentage of such students’ completion of the degree programs in which such students were enrolled; or ‘‘(II) in the case of an entity that is an institution 

of higher education that does not offer a baccalaureate 

degree, the extent to which such students met or exceeded the entity’s objectives regarding— ‘‘(aa) the completion of a degree or certificate 

by such students; and ‘‘(bb) the transfer of such students to institutions of higher education that offer baccalaureate 

degrees; 

‘‘(iii) the extent to which the entity met or exceeded 

the entity’s objectives regarding the delivery of service 

to a total number of students, as agreed upon by the 

entity and the Secretary for the period; and ‘‘(iv) the extent to which the entity met or exceeded 

the entity’s objectives regarding the students served 

under the program who remain in good academic 

standing. 

‘‘(D) For programs authorized under section 402E, the 

extent to which the entity met or exceeded the entity’s objectives for such program regarding— ‘‘(i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period; ‘‘(ii) the provision of appropriate scholarly and research activities for the students served by the program; ‘‘(iii) the acceptance and enrollment of such students in graduate programs; and 

‘‘(iv) the continued enrollment of such students in 

graduate study and the attainment of doctoral degrees 

by former program participants. 

‘‘(E) For programs authorized under section 402F, the 

extent to which the entity met or exceeded the entity’s objectives for such program regarding—

‘‘(i) the enrollment of students without a secondary 

school diploma or its recognized equivalent, who were 

served by the program, in programs leading to such diploma or equivalent; 

‘‘(ii) the enrollment of secondary school graduates 

who were served by the program in programs of postsecondary education; 

‘‘(iii) the delivery of service to a total number of 

students served by the program, as agreed upon by the 

entity and the Secretary for the period; and 

‘‘(iv) the provision of assistance to students served 

by the program in completing financial aid applications and college admission applications. 

‘‘(4) MEASUREMENT OF PROGRESS.—In order to determine 

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graph (2) or (3) is met or exceeded, the Secretary shall compare 

the agreed upon target for the criterion, as established in the eligible entity’s application approved by the Secretary, with the 

results for the criterion, measured as of the last day of the applicable time period for the determination for the outcome criterion.’’; 

(6) in subsection (g) (as redesignated by paragraph (4))—

(A) in the first sentence, by striking ‘‘$700,000,000 for 

fiscal year 1999’’ and all that follows through the period 

and inserting ‘‘$900,000,000 for fiscal year 2009 and such 

sums as may be necessary for each of the five succeeding 

fiscal years.’’; and 

(B) by striking the fourth sentence; and 

(7) in subsection (h) (as redesignated by paragraph (4))—

(A) by redesignating paragraphs (1) through (4) as 

paragraphs (3) through (6), respectively; 

(B) by inserting before paragraph (3) (as redesignated 

by subparagraph (A)) the following: 

‘‘(1) DIFFERENT CAMPUS.—The term ‘different campus’

means a site of an institution of higher education that—

‘‘(A) is geographically apart from the main campus of 

the institution; 

‘‘(B) is permanent in nature; and 

‘‘(C) offers courses in educational programs leading to 

a degree, certificate, or other recognized educational credential. 

‘‘(2) DIFFERENT POPULATION.—The term ‘different population’ means a group of individuals that an eligible entity desires to serve through an application for a grant under this 

chapter, and that—

‘‘(A) is separate and distinct from any other population 

that the entity has applied for a grant under this chapter 

to serve; or 

‘‘(B) while sharing some of the same needs as another 

population that the eligible entity has applied for a grant 

under this chapter to serve, has distinct needs for specialized services.’’; 

(C) in paragraph (5) (as redesignated by subparagraph 

(A))—

(i) in subparagraph (A)—

(I) by striking ‘‘, any part of which occurred 

after January 31, 1955,’’; and 

(II) by striking ‘‘or’’ after the semicolon; 

(ii) in subparagraph (B)—

(I) by striking ‘‘after January 31, 1955,’’; and 

(II) by striking the period at the end and inserting a semicolon; and 

(iii) by adding at the end the following: 

‘‘(C) was a member of a reserve component of the 

Armed Forces called to active duty for a period of more 

than 30 days; or 

‘‘(D) was a member of a reserve component of the 

Armed Forces who served on active duty in support of a 

contingency operation (as that term is defined in section 


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101(a)(13) of title 10, United States Code) on or after September 11, 2001.’’; and 

(D) in paragraph (6) (as redesignated by subparagraph 

(A)), by striking ‘‘subparagraph (A) or (B) of paragraph (3)’’

and inserting ‘‘subparagraph (A), (B), or (C) of paragraph 

(5)’’. 

(b) TALENT SEARCH.—Section 402B (20 U.S.C. 1070a–12) is 

amended—

(1) in subsection (a)—

(A) in paragraph (2), by inserting ‘‘, and facilitate the 

application for,’’ after ‘‘the availability of’’; and 

(B) in paragraph (3), by striking ‘‘, but who have the 

ability to complete such programs, to reenter’’ and inserting 

‘‘to enter or reenter, and complete’’; 

(2) by redesignating subsection (c) as subsection (d); 

(3) by striking subsection (b) and inserting the following: 

‘‘(b) REQUIRED SERVICES.—Any project assisted under this section shall provide—

‘‘(1) connections to high quality academic tutoring services, 

to enable students to complete secondary or postsecondary 

courses; 

‘‘(2) advice and assistance in secondary course selection 

and, if applicable, initial postsecondary course selection; 

‘‘(3) assistance in preparing for college entrance examinations and completing college admission applications; 

‘‘(4)(A) information on the full range of Federal student financial aid programs and benefits (including Federal Pell 

Grant awards and loan forgiveness) and resources for locating 

public and private scholarships; and 

‘‘(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described 

in section 483(a); 

‘‘(5) guidance on and assistance in—

‘‘(A) secondary school reentry; 

‘‘(B) alternative education programs for secondary 

school dropouts that lead to the receipt of a regular secondary school diploma; 

‘‘(C) entry into general educational development (GED) 

programs; or 

‘‘(D) postsecondary education; and 

‘‘(6) connections to education or counseling services designed to improve the financial literacy and economic literacy 

of students or the students’ parents, including financial planning for postsecondary education. 

‘‘(c) PERMISSIBLE SERVICES.—Any project assisted under this 

section may provide services such as—

‘‘(1) academic tutoring, which may include instruction in 

reading, writing, study skills, mathematics, science, and other 

subjects; 

‘‘(2) personal and career counseling or activities; 

‘‘(3) information and activities designed to acquaint youth 

with the range of career options available to the youth; 

‘‘(4) exposure to the campuses of institutions of higher education, as well as cultural events, academic programs, and 


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other sites or activities not usually available to disadvantaged 

youth; ‘‘(5) workshops and counseling for families of students 

served; ‘‘(6) mentoring programs involving elementary or secondary 

school teachers or counselors, faculty members at institutions of 

higher education, students, or any combination of such persons; 

and ‘‘(7) programs and activities as described in subsection (b) 

or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, 

students from groups that are traditionally underrepresented in 

postsecondary education, students with disabilities, students 

who are homeless children and youths (as such term is defined 

in section 725 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11434a)), students who are in foster care or are 

aging out of the foster care system, or other disconnected students.’’; and 

(4) in the matter preceding paragraph (1) of subsection (d) 

(as redesignated by paragraph (2)), by striking ‘‘talent search 

projects under this chapter’’ and inserting ‘‘projects under this 

section’’. (c) UPWARD BOUND.—Section 402C (20 U.S.C. 1070a–13) is 

amended—

(1) by striking subsection (b) and inserting the following: ‘‘(b) REQUIRED SERVICES.—Any project assisted under this section shall provide— ‘‘(1) academic tutoring to enable students to complete secondary or postsecondary courses, which may include instruction 

in reading, writing, study skills, mathematics, science, and 

other subjects; ‘‘(2) advice and assistance in secondary and postsecondary 

course selection; ‘‘(3) assistance in preparing for college entrance examinations and completing college admission applications; 

‘‘(4)(A) information on the full range of Federal student financial aid programs and benefits (including Federal Pell 

Grant awards and loan forgiveness) and resources for locating 

public and private scholarships; and 

‘‘(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described 

in section 483(a); 

‘‘(5) guidance on and assistance in—

‘‘(A) secondary school reentry; 

‘‘(B) alternative education programs for secondary 

school dropouts that lead to the receipt of a regular secondary school diploma; 

‘‘(C) entry into general educational development (GED) 

programs; or 

‘‘(D) postsecondary education; and 

‘‘(6) education or counseling services designed to improve 

the financial literacy and economic literacy of students or the 

students’ parents, including financial planning for postsecondary education.’’; 

(2) in subsection (c)—


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(A) in the subsection heading, by striking ‘‘REQUIRED

SERVICES’’ and inserting ‘‘ADDITIONAL REQUIRED SERVICES

FOR MULTIPLE-YEAR GRANT RECIPIENTS’’; and 

(B) by striking ‘‘upward bound project assisted under 

this chapter’’ and inserting ‘‘project assisted under this section’’; 

(3) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; 

(4) by inserting after subsection (c) the following: 

‘‘(d) PERMISSIBLE SERVICES.—Any project assisted under this 

section may provide such services as—

‘‘(1) exposure to cultural events, academic programs, and 

other activities not usually available to disadvantaged youth; 

‘‘(2) information, activities, and instruction designed to acquaint youth participating in the project with the range of career options available to the youth; 

‘‘(3) on-campus residential programs; 

‘‘(4) mentoring programs involving elementary school or 

secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of 

such persons; 

‘‘(5) work-study positions where youth participating in the 

project are exposed to careers requiring a postsecondary degree; 

‘‘(6) special services, including mathematics and science 

preparation, to enable veterans to make the transition to postsecondary education; and 

‘‘(7) programs and activities as described in subsection (b), 

subsection (c), or paragraphs (1) through (6) of this subsection 

that are specially designed for students who are limited English 

proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such 

term is defined in section 725 of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11434a)), students who are in foster 

care or are aging out of the foster care system, or other disconnected students.’’; 

(5) in subsection (e) (as redesignated by paragraph (3))—

(A) in the matter preceding paragraph (1), by striking 

‘‘upward bound projects under this chapter’’ and inserting 

‘‘projects under this section’’; 

(B) in paragraph (2), by striking ‘‘either low-income’’

and all that follows through the semicolon and inserting 

‘‘low-income individuals, first generation college students, 

or students who have a high risk for academic failure;’’; 

(C) in paragraph (3), by striking ‘‘and’’ after the semicolon; 

(D) in paragraph (4), by striking the period at the end 

and inserting ‘‘; and’’; and 

(E) by adding at the end the following: 

‘‘(5) require an assurance that no student will be denied 

participation in a project assisted under this section because the 

student will enter the project after the 9th grade.’’; 

(6) in subsection (f) (as redesignated by paragraph (3))—


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(A) by striking ‘‘during June, July, and August’’ each 

place the term occurs and inserting ‘‘during the summer 

school recess, for a period not to exceed three months’’; and 

(B) by striking ‘‘(b)(10)’’ and inserting ‘‘(d)(5)’’; and 

(7) by adding at the end the following: ‘‘(h) ABSOLUTE PRIORITY PROHIBITED IN UPWARD BOUND PRO- GRAM.—Upon enactment of this subsection and except as otherwise 

expressly provided by amendment to this section, the Secretary shall 

not continue, implement, or enforce the absolute priority for the Upward Bound Program published by the Department of Education in 

the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et 

seq.). This subsection shall not be applied retroactively. In implementing this subsection, the Department shall allow the programs 

and participants chosen in the grant cycle to which the priority applies to continue their grants and participation without a further recompetition. The entities shall not be required to apply the absolute 

priority conditions or restrictions to future participants.’’. (d) STUDENT SUPPORT SERVICES.—Section 402D (20 U.S.C. 

1070a–14) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking ‘‘and’’ after the semicolon; and 

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

‘‘(3) to foster an institutional climate supportive of the success of students who are limited English proficient, students 

from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are 

homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11434a)), students who are in foster care or are aging 

out of the foster care system, or other disconnected students; 

and ‘‘(4) to improve the financial literacy and economic literacy 

of students, including—

‘‘(A) basic personal income, household money management, and financial planning skills; and 

‘‘(B) basic economic decisionmaking skills.’’; 

(2) by redesignating subsections (c) and (d) as subsections 

(d) and (e); 

(3) by striking subsection (b) and inserting the following: 

‘‘(b) REQUIRED SERVICES.—A project assisted under this section 

shall provide—

‘‘(1) academic tutoring, directly or through other services 

provided by the institution, to enable students to complete postsecondary courses, which may include instruction in reading, 

writing, study skills, mathematics, science, and other subjects; 

‘‘(2) advice and assistance in postsecondary course selection; 

‘‘(3)(A) information on both the full range of Federal student financial aid programs and benefits (including Federal 

Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and ‘‘(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described 

in section 483(a); 


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‘‘(4) education or counseling services designed to improve 

the financial literacy and economic literacy of students, including financial planning for postsecondary education; ‘‘(5) activities designed to assist students participating in 

the project in applying for admission to, and obtaining financial assistance for enrollment in, graduate and professional programs; and ‘‘(6) activities designed to assist students enrolled in twoyear institutions of higher education in applying for admission 

to, and obtaining financial assistance for enrollment in, a fouryear program of postsecondary education. 

‘‘(c) PERMISSIBLE SERVICES.—A project assisted under this section may provide services such as—

‘‘(1) individualized counseling for personal, career, and academic matters provided by assigned counselors; 

‘‘(2) information, activities, and instruction designed to acquaint students participating in the project with the range of 

career options available to the students; 

‘‘(3) exposure to cultural events and academic programs not 

usually available to disadvantaged students; 

‘‘(4) mentoring programs involving faculty or upper class 

students, or a combination thereof; 

‘‘(5) securing temporary housing during breaks in the academic year for—

‘‘(A) students who are homeless children and youths (as 

such term is defined in section 725 of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11434a)) or were formerly homeless children and youths; and 

‘‘(B) students who are in foster care or are aging out of 

the foster care system; and 

‘‘(6) programs and activities as described in subsection (b) 

or paragraphs (1) through (4) of this subsection that are specially designed for students who are limited English proficient, 

students from groups that are traditionally underrepresented in 

postsecondary education, students with disabilities, students 

who are homeless children and youths (as such term is defined 

in section 725 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11434a)), students who are in foster care or are 

aging out of the foster care system, or other disconnected students.’’; 

(4) in subsection (d)(1) (as redesignated by paragraph (2)), 

by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and 

(5) in the matter preceding paragraph (1) of subsection (e) 

(as redesignated by paragraph (2)), by striking ‘‘student support 

services projects under this chapter’’ and inserting ‘‘projects 

under this section’’. 

(e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM AUTHORITY.—

Section 402E (20 U.S.C. 1070a–15) is amended—

(1) in subsection (b)— (A) in the subsection heading, by inserting ‘‘REQUIRED’’ before ‘‘SERVICES’’; 

(B) in the matter preceding paragraph (1), by striking ‘‘A postbaccalaureate achievement project assisted under 

this section may provide services such as—’’ and inserting ‘‘A project assisted under this section shall provide—’’; 


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(C) in paragraph (5), by inserting ‘‘and’’ after the semicolon; 

(D) in paragraph (6), by striking the semicolon and inserting a period; and 

(E) by striking paragraphs (7) and (8); 

(2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; 

(3) by inserting after subsection (b) the following: 

‘‘(c) PERMISSIBLE SERVICES.—A project assisted under this section may provide services such as—

‘‘(1) education or counseling services designed to improve 

the financial literacy and economic literacy of students, including financial planning for postsecondary education; 

‘‘(2) mentoring programs involving faculty members at institutions of higher education, students, or any combination of 

such persons; and 

‘‘(3) exposure to cultural events and academic programs not 

usually available to disadvantaged students.’’; 

(4) in subsection (d) (as redesignated by paragraph (2))—

(A) in the matter preceding paragraph (1), by striking 

‘‘postbaccalaureate achievement’’; and 

(B) in paragraph (2), by inserting after ‘‘graduate education’’ the following: ‘‘, including—

‘‘(A) Alaska Natives, as defined in section 7306 of the 

Elementary and Secondary Education Act of 1965; 

‘‘(B) Native Hawaiians, as defined in section 7207 of 

such Act; and 

‘‘(C) Native American Pacific Islanders, as defined in 

section 320.’’; 

(5) in the matter preceding paragraph (1) of subsection (f) 

(as redesignated by paragraph (2)), by striking 

‘‘postbaccalaureate achievement project’’ and inserting ‘‘project 

under this section’’; and 

(6) in subsection (g) (as redesignated by paragraph (2))—

(A) by striking ‘‘402A(f)’’ and inserting ‘‘402A(g)’’; and 

(B) by striking ‘‘1993 through 1997’’ and inserting 

‘‘2009 through 2014’’. 

(f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 402F (20 

U.S.C. 1070a–16) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘and’’ after the semicolon; 

(B) in paragraph (2), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) to improve the financial literacy and economic literacy 

of students, including—

‘‘(A) basic personal income, household money management, and financial planning skills; and 

‘‘(B) basic economic decisionmaking skills.’’; and 

(2) in subsection (b)—

(A) by redesignating paragraphs (5) through (10) as 

paragraphs (6) through (11), respectively; 

(B) by inserting after paragraph (4) the following: 


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‘‘(5) education or counseling services designed to improve 

the financial literacy and economic literacy of students;’’; 

(C) by striking paragraph (7) (as redesignated by subparagraph (A)) and inserting the following: 

‘‘(7) individualized personal, career, and academic counseling;’’; and 

(D) by striking paragraph (11) (as redesignated by subparagraph (A)) and inserting the following: 

‘‘(11) programs and activities as described in paragraphs 

(1) through (10) that are specially designed for students who 

are limited English proficient, students from groups that are 

traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and 

youths (as such term is defined in section 725 of the McKinneyVento Homeless Assistance Act (42 U.S.C. 11434a)), students 

who are in foster care or are aging out of the foster care system, 

or other disconnected students.’’. 

(g) STAFF DEVELOPMENT ACTIVITIES.—Section 402G(b) (20 

U.S.C. 1070a–17(b)) is amended by adding at the end the following 

new paragraph: 

‘‘(5) Strategies for recruiting and serving hard to reach populations, including students who are limited English proficient, 

students from groups that are traditionally underrepresented in 

postsecondary education, students with disabilities, students 

who are homeless children and youths (as such term is defined 

in section 725 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11434a)), students who are in foster care or are 

aging out of the foster care system, or other disconnected students.’’. 

(h) REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT AND DISSEMINATION.—Section 402H (20 U.S.C. 1070a–

18) is amended—

(1) by striking the section heading and inserting ‘‘REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT 

IMPROVEMENT AND DISSEMINATION.’’; 

(2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; 

(3) by inserting before subsection (b) (as redesignated by 

paragraph (2)) the following: 

‘‘(a) REPORTS TO THE AUTHORIZING COMMITTEES.—

‘‘(1) IN GENERAL.—The Secretary shall submit annually, to 

the authorizing committees, a report that documents the performance of all programs funded under this chapter. Such report shall—

‘‘(A) be submitted not later than 12 months after the eligible entities receiving funds under this chapter are required to report their performance to the Secretary; 

‘‘(B) focus on the programs’ performance on the relevant outcome criteria determined under section 402A(f)(4); 

‘‘(C) aggregate individual project performance data on 

the outcome criteria in order to provide national performance data for each program; 

‘‘(D) include, when appropriate, descriptive data, multiyear data, and multi-cohort data; and 


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‘‘(E) include comparable data on the performance nationally of low-income students, first-generation students, 

and students with disabilities. 

‘‘(2) INFORMATION.—The Secretary shall provide, with each 

report submitted under paragraph (1), information on the impact of the secondary review process described in section 

402A(c)(8)(C)(iv), including the number and type of secondary 

reviews, the disposition of the secondary reviews, the effect on 

timing of awards, and any other information the Secretary determines is necessary.’’; and 

(4) in subsection (b) (as redesignated by paragraph (2)), by 

striking paragraphs (1) and (2) and inserting the following: 

‘‘(1) IN GENERAL.—

‘‘(A) AUTHORIZATION OF GRANTS AND CONTRACTS.—For 

the purpose of improving the effectiveness of the programs 

and projects assisted under this chapter, the Secretary shall 

make grants to, or enter into contracts with, institutions of 

higher education and other public and private institutions 

and organizations to rigorously evaluate the effectiveness of 

the programs and projects assisted under this chapter, including a rigorous evaluation of the programs and projects 

assisted under section 402C. The evaluation of the programs and projects assisted under section 402C shall be 

implemented not later than June 30, 2010. 

‘‘(B) CONTENT OF UPWARD BOUND EVALUATION.—The 

evaluation of the programs and projects assisted under section 402C that is described in subparagraph (A) shall examine the characteristics of the students who benefit most 

from the Upward Bound program under section 402C and 

the characteristics of the programs and projects that most 

benefit students. 

‘‘(C) IMPLEMENTATION.—Each evaluation described in 

this paragraph shall be implemented in accordance with 

the requirements of this section. 

‘‘(2) PRACTICES.—

‘‘(A) IN GENERAL.—The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are effective in—

‘‘(i) enhancing the access of low-income individuals 

and first-generation college students to postsecondary 

education; 

‘‘(ii) the preparation of such individuals and students for postsecondary education; and 

‘‘(iii) fostering the success of the individuals and 

students in postsecondary education. 

‘‘(B) PRIMARY PURPOSE.—Any evaluation conducted 

under this chapter shall have as the evaluation’s primary 

purpose the identification of particular practices that further the achievement of the outcome criteria determined 

under section 402A(f)(4). 

‘‘(C) DISSEMINATION AND USE OF EVALUATION FINDINGS.—The Secretary shall disseminate to eligible entities 

and make available to the public the practices identified 

under subparagraph (B). The practices may be used by eliVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00135 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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gible entities that receive assistance under this chapter 

after the dissemination. 

‘‘(3) SPECIAL RULE RELATED TO EVALUATION PARTICIPA- TION.—The Secretary shall not require an eligible entity, as a 

condition for receiving, or that receives, assistance under any 

program or project under this chapter to participate in an evaluation under this section that— ‘‘(A) requires the eligible entity to recruit additional 

students beyond those the program or project would normally recruit; or ‘‘(B) results in the denial of services for an eligible student under the program or project. 

‘‘(4) CONSIDERATION.—When designing an evaluation under 

this subsection, the Secretary shall continue to consider— ‘‘(A) the burden placed on the program participants or 

the eligible entity; and ‘‘(B) whether the evaluation meets generally accepted 

standards of institutional review boards.’’. 

SEC. 404. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. 

(a) EARLY INTERVENTION AND COLLEGE AWARENESS PROGRAM

AUTHORIZED.—Section 404A (20 U.S.C. 1070a–21) is amended— (1) by striking subsection (a) and inserting the following: ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized, in 

accordance with the requirements of this chapter, to establish a program that encourages eligible entities to provide support, and maintain a commitment, to eligible low-income students, including students with disabilities, to assist the students in obtaining a secondary school diploma (or its recognized equivalent) and to prepare 

for and succeed in postsecondary education, by providing— ‘‘(1) financial assistance, academic support, additional 

counseling, mentoring, outreach, and supportive services to secondary school students, including students with disabilities, to 

reduce—

‘‘(A) the risk of such students dropping out of school; 

or 

‘‘(B) the need for remedial education for such students 

at the postsecondary level; and 

‘‘(2) information to students and their families about the 

advantages of obtaining a postsecondary education and, college 

financing options for the students and their families.’’; 

(2) in subsection (b), by striking paragraph (2) and inserting the following: 

‘‘(2) AWARD PERIOD.—The Secretary may award a grant 

under this chapter to an eligible entity described in paragraphs 

(1) and (2) of subsection (c) for—

‘‘(A) six years; or 

‘‘(B) in the case of an eligible entity that applies for a 

grant under this chapter for seven years to enable the eligible entity to provide services to a student through the student’s first year of attendance at an institution of higher 

education, seven years. 

‘‘(3) PRIORITY.—In making awards to eligible entities described in subsection (c)(1), the Secretary shall—

‘‘(A) give priority to eligible entities that—


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‘‘(i) on the day before the date of enactment of the 

Higher Education Opportunity Act, carried out successful educational opportunity programs under this chapter (as this chapter was in effect on such day); and ‘‘(ii) have a prior, demonstrated commitment to 

early intervention leading to college access through collaboration and replication of successful strategies; and 

‘‘(B) ensure that students served under this chapter on 

the day before the date of enactment of the Higher Education Opportunity Act continue to receive assistance 

through the completion of secondary school.’’; and 

(3) in subsection (c), by striking paragraph (2) and inserting the following: ‘‘(2) a partnership— ‘‘(A) consisting of— ‘‘(i) one or more local educational agencies; and 

‘‘(ii) one or more degree granting institutions of 

higher education; and 

‘‘(B) which may include not less than two other community organizations or entities, such as businesses, professional organizations, State agencies, institutions or agencies sponsoring programs authorized under subpart 4, or 

other public or private agencies or organizations.’’. (b) REQUIREMENTS.—Section 404B (20 U.S.C. 1070a–22) is 

amended—

(1) by striking subsection (a) and inserting the following: ‘‘(a) FUNDING RULES.—In awarding grants from the amount 

appropriated under section 404H for a fiscal year, the Secretary 

shall make available— ‘‘(1) to eligible entities described in section 404A(c)(1), not 

less than 33 percent of such amount; ‘‘(2) to eligible entities described in section 404A(c)(2), not 

less than 33 percent of such amount; and ‘‘(3) to eligible entities described in paragraph (1) or (2) of 

section 404A(c), the remainder of such amount taking into consideration the number, quality, and promise of the applications 

for the grants, and, to the extent practicable—

‘‘(A) the geographic distribution of such grant awards; 

and 

‘‘(B) the distribution of such grant awards between 

urban and rural applicants.’’; 

(2) by striking subsections (b), (e), and (f); 

(3) by redesignating subsections (c), (d), and (g), as subsections (b), (c), and (d), respectively; 

(4) in subsection (d)(1) (as redesignated by paragraph (3))—

(A) by striking ‘‘and’’ at the end of subparagraph (A); 

(B) in subparagraph (B)—

(i) by inserting ‘‘and provide the option of continued services through the student’s first year of attendance at an institution of higher education to the extent 

the provision of such services was described in the eligible entity’s application for assistance under this 

chapter’’ after ‘‘grade level’’; and 

(ii) by striking the period at the end and inserting 

‘‘; and’’; and 


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(C) by adding at the end the following new subparagraph: ‘‘(C) provide services under this chapter to students 

who have received services under a previous GEAR UP 

grant award but have not yet completed the 12th grade.’’; 

and 

(5) by adding at the end the following: ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds awarded 

under this chapter shall be used to supplement, and not supplant, 

other Federal, State, and local funds that would otherwise be expended to carry out activities assisted under this chapter.’’. (c) APPLICATION.—Section 404C (20 U.S.C. 1070a–23) is 

amended—

(1) in the section heading, by striking ‘‘ELIGIBLE ENTITY PLANS’’ and inserting ‘‘APPLICATIONS’’; 

(2) in subsection (a)—

(A) in the subsection heading, by striking ‘‘PLAN’’ and 

inserting ‘‘APPLICATION’’; 

(B) in paragraph (1)— (i) by striking ‘‘a plan’’ and inserting ‘‘an application’’; and 

(ii) by striking the second sentence; and 

(C) by striking paragraph (2) and inserting the following: 

‘‘(2) CONTENTS.—Each application submitted pursuant to 

paragraph (1) shall be in such form, contain or be accompanied 

by such information or assurances, and be submitted at such 

time as the Secretary may reasonably require. Each such application shall, at a minimum— ‘‘(A) describe the activities for which assistance under 

this chapter is sought, including how the eligible entity will 

carry out the required activities described in section 

404D(a); ‘‘(B) describe, in the case of an eligible entity described 

in section 404A(c)(2) that chooses to provide scholarships, 

or an eligible entity described in section 404A(c)(1), how the 

eligible entity will meet the requirements of section 404E; 

‘‘(C) describe, in the case of an eligible entity described 

in section 404A(c)(2) that requests a reduced match percentage under subsection (b)(2), how such reduction will assist 

the entity to provide the scholarships described in subsection (b)(2)(A)(ii); 

‘‘(D) provide assurances that adequate administrative 

and support staff will be responsible for coordinating the 

activities described in section 404D; 

‘‘(E) provide assurances that activities assisted under 

this chapter will not displace an employee or eliminate a 

position at a school assisted under this chapter, including 

a partial displacement such as a reduction in hours, wages, 

or employment benefits; 

‘‘(F) describe, in the case of an eligible entity described 

in section 404A(c)(1) that chooses to use a cohort approach, 

or an eligible entity described in section 404A(c)(2), how the 

eligible entity will define the cohorts of the students served 

by the eligible entity pursuant to section 404B(d), and how 


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the eligible entity will serve the cohorts through grade 12, 

including—

‘‘(i) how vacancies in the program under this chapter will be filled; and ‘‘(ii) how the eligible entity will serve students attending different secondary schools; 

‘‘(G) describe how the eligible entity will coordinate 

programs under this chapter with other existing Federal, 

State, or local programs to avoid duplication and maximize 

the number of students served; ‘‘(H) provide such additional assurances as the Secretary determines necessary to ensure compliance with the 

requirements of this chapter; ‘‘(I) provide information about the activities that will 

be carried out by the eligible entity to support systemic 

changes from which future cohorts of students will benefit; 

and ‘‘(J) describe the sources of matching funds that will 

enable the eligible entity to meet the matching requirement 

described in subsection (b).’’; 

(3) in subsection (b)— (A) in the matter preceding subparagraph (A) of paragraph (1)—

(i) by striking ‘‘a plan’’ and inserting ‘‘an application’’; and 

(ii) by striking ‘‘such plan’’ and inserting ‘‘such application’’; 

(B) in paragraph (1)(A), by inserting ‘‘and may be accrued over the full duration of the grant award period, except that the eligible entity shall make substantial progress 

towards meeting the matching requirement in each year of 

the grant award period’’ after ‘‘in cash or in-kind’’; and 

(C) in paragraph (2), by adding at the end the following new sentence: ‘‘The Secretary may approve an eligible entity’s request for a reduced match percentage—

‘‘(A) at the time of application—

‘‘(i) if the eligible entity demonstrates significant 

economic hardship that precludes the eligible entity 

from meeting the matching requirement; or 

‘‘(ii) if the eligible entity is described in section 

404A(c)(2) and requests that contributions to the eligible entity’s scholarship fund established under section 

404E be matched on a two to one basis; or 

‘‘(B) in response to a petition by an eligible entity subsequent to a grant award under this section if the eligible 

entity demonstrates that the matching funds described in 

its application are no longer available and the eligible entity has exhausted all revenues for replacing such matching 

funds.’’; and 

(4) in subsection (c)—

(A) in paragraph (1)—

(i) by striking ‘‘paid to students from State, local, 

institutional, or private funds under this chapter’’ and 

inserting ‘‘obligated to students from State, local, institutional, or private funds under this chapter, including 


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pre-existing non-Federal financial assistance programs,’’; and 

(ii) by striking the semicolon at the end and inserting ‘‘including— ‘‘(A) the amount contributed to a student scholarship 

fund established under section 404E; and ‘‘(B) the amount of the costs of administering the scholarship program under section 404E;’’; 

(B) in paragraph (2), by striking ‘‘and’’ after the semicolon; 

(C) in paragraph (3), by striking the period at the end 

and inserting ‘‘; and’’; and 

(D) by adding at the end the following: ‘‘(4) other resources recognized by the Secretary, including 

equipment and supplies, cash contributions from non-Federal 

sources, transportation expenses, in-kind or discounted program 

services, indirect costs, and facility usage.’’. (d) ACTIVITIES.—Section 404D (20 U.S.C. 1070a–24) is amended to read as follows: 

‘‘SEC. 404D. ACTIVITIES. 

‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity receiving a 

grant under this chapter shall provide comprehensive mentoring, 

outreach, and supportive services to students participating in the 

programs under this chapter. Such activities shall include the following: ‘‘(1) Providing information regarding financial aid for postsecondary education to participating students in the cohort described in section 404B(d)(1)(A) or to priority students described 

in subsection (d). ‘‘(2) Encouraging student enrollment in rigorous and challenging curricula and coursework, in order to reduce the need 

for remedial coursework at the postsecondary level. ‘‘(3) Improving the number of participating students who— ‘‘(A) obtain a secondary school diploma; and 

‘‘(B) complete applications for and enroll in a program 

of postsecondary education. 

‘‘(4) In the case of an eligible entity described in section 

404A(c)(1), providing for the scholarships described in section 

404E. 

‘‘(b) PERMISSIBLE ACTIVITIES FOR STATES AND PARTNERSHIPS.— An eligible entity that receives a grant under this chapter may use 

grant funds to carry out one or more of the following activities: 

‘‘(1) Providing tutors and mentors, who may include adults 

or former participants of a program under this chapter, for eligible students. 

‘‘(2) Conducting outreach activities to recruit priority students described in subsection (d) to participate in program activities. 

‘‘(3) Providing supportive services to eligible students. 

‘‘(4) Supporting the development or implementation of rigorous academic curricula, which may include college preparatory, Advanced Placement, or International Baccalaureate 

programs, and providing participating students access to rigorous core academic courses that reflect challenging State academic standards. 


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‘‘(5) Supporting dual or concurrent enrollment programs 

between the secondary school and institution of higher education partners of an eligible entity described in section 

404A(c)(2), and other activities that support participating students in—

‘‘(A) meeting challenging State academic standards; 

‘‘(B) successfully applying for postsecondary education; 

‘‘(C) successfully applying for student financial aid; 

and ‘‘(D) developing graduation and career plans. ‘‘(6) Providing special programs or tutoring in science, technology, engineering, or mathematics. ‘‘(7) In the case of an eligible entity described in section 

404A(c)(2), providing support for scholarships described in section 404E. ‘‘(8) Introducing eligible students to institutions of higher 

education, through trips and school-based sessions. ‘‘(9) Providing an intensive extended school day, school 

year, or summer program that offers— ‘‘(A) additional academic classes; or 

‘‘(B) assistance with college admission applications. ‘‘(10) Providing other activities designed to ensure secondary school completion and postsecondary education enrollment of at-risk children, such as— ‘‘(A) the identification of at-risk children; 

‘‘(B) after-school and summer tutoring; 

‘‘(C) assistance to at-risk children in obtaining summer 

jobs; ‘‘(D) academic counseling; 

‘‘(E) financial literacy and economic literacy education 

or counseling; ‘‘(F) volunteer and parent involvement; 

‘‘(G) encouraging former or current participants of a 

program under this chapter to serve as peer counselors; 

‘‘(H) skills assessments; 

‘‘(I) personal and family counseling, and home visits; 

‘‘(J) staff development; and 

‘‘(K) programs and activities described in this subsection that are specially designed for students who are 

limited English proficient. 

‘‘(11) Enabling eligible students to enroll in Advanced 

Placement or International Baccalaureate courses, or college entrance examination preparation courses. 

‘‘(12) Providing services to eligible students in the participating cohort described in section 404B(d)(1)(A), through the 

first year of attendance at an institution of higher education. 

‘‘(13) Fostering and improving parent and family involvement in elementary and secondary education by promoting the 

advantages of a college education, and emphasizing academic 

admission requirements and the need to take college preparation courses, through parent engagement and leadership activities. 

‘‘(14) Disseminating information that promotes the importance of higher education, explains college preparation and admission requirements, and raises awareness of the resources 


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and services provided by the eligible entities to eligible students, 

their families, and communities. 

‘‘(15) In the event that matching funds described in the application are no longer available, engaging entities described in 

section 404A(c)(2) in a collaborative manner to provide matching resources and participate in other activities authorized 

under this section. 

‘‘(c) ADDITIONAL PERMISSIBLE ACTIVITIES FOR STATES.—In addition to the required activities described in subsection (a) and the 

permissible activities described in subsection (b), an eligible entity 

described in section 404A(c)(1) receiving funds under this chapter 

may use grant funds to carry out one or more of the following activities: 

‘‘(1) Providing technical assistance to—

‘‘(A) secondary schools that are located within the 

State; or 

‘‘(B) partnerships described in section 404A(c)(2) that 

are located within the State. 

‘‘(2) Providing professional development opportunities to individuals working with eligible cohorts of students described in 

section 404B(d)(1)(A). 

‘‘(3) Providing administrative support to help build the capacity of eligible entities described in section 404A(c)(2) to compete for and manage grants awarded under this chapter. 

‘‘(4) Providing strategies and activities that align efforts in 

the State to prepare eligible students to attend and succeed in 

postsecondary education, which may include the development of 

graduation and career plans. 

‘‘(5) Disseminating information on the use of scientifically 

valid research and best practices to improve services for eligible 

students. 

‘‘(6)(A) Disseminating information on effective coursework 

and support services that assist students in obtaining the goals 

described in subparagraph (B)(ii). 

‘‘(B) Identifying and disseminating information on best 

practices with respect to—

‘‘(i) increasing parental involvement; and 

‘‘(ii) preparing students, including students with disabilities and students who are limited English proficient, to 

succeed academically in, and prepare financially for, postsecondary education. 

‘‘(7) Working to align State academic standards and curricula with the expectations of postsecondary institutions and 

employers. 

‘‘(8) Developing alternatives to traditional secondary school 

that give students a head start on attaining a recognized postsecondary credential (including an industry-recognized certificate, an apprenticeship, or an associate’s or a bachelor’s degree), 

including school designs that give students early exposure to 

college-level courses and experiences and allow students to earn 

transferable college credits or an associate’s degree at the same 

time as a secondary school diploma. 

‘‘(9) Creating community college programs for drop-outs 

that are personalized drop-out recovery programs that allow 


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drop-outs to complete a regular secondary school diploma and 

begin college-level work. 

‘‘(d) PRIORITY STUDENTS.—For eligible entities not using a cohort approach, the eligible entity shall treat as a priority student 

any student in secondary school who is— ‘‘(1) eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965; ‘‘(2) eligible for assistance under a State program funded 

under part A or E of title IV of the Social Security Act (42 

U.S.C. 601 et seq., 670 et seq.); ‘‘(3) eligible for assistance under subtitle B of title VII of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et 

seq.); or ‘‘(4) otherwise considered by the eligible entity to be a disconnected student. 

‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible entities described in section 404A(c)(1), the activities required by this section 

may be provided by service providers such as community-based organizations, schools, institutions of higher education, public and 

private agencies, nonprofit and philanthropic organizations, businesses, institutions and agencies sponsoring programs authorized 

under subpart 4, and other organizations the State determines appropriate.’’. 

(e) SCHOLARSHIP COMPONENT.—Section 404E (20 U.S.C. 

1070a–25) is amended— (1) by striking subsections (e) and (f); 

(2) by redesignating subsections (b), (c), and (d) as subsections (d), (f), and (g), respectively; 

(3) by inserting after subsection (a) the following: ‘‘(b) LIMITATION.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), each eligible 

entity described in section 404A(c)(1) that receives a grant 

under this chapter shall use not less than 25 percent and not 

more than 50 percent of the grant funds for activities described 

in section 404D (except for the activity described in subsection 

(a)(4) of such section), with the remainder of such funds to be 

used for a scholarship program under this section in accordance with such subsection. 

‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the Secretary may allow an eligible entity to use more than 50 percent 

of grant funds received under this chapter for such activities, if 

the eligible entity demonstrates that the eligible entity has another means of providing the students with the financial assistance described in this section and describes such means in the 

application submitted under section 404C. 

‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each eligible entity providing scholarships under this section shall provide information on 

the eligibility requirements for the scholarships to all participating 

students upon the students’ entry into the programs assisted under 

this chapter.’’; 

(4) in subsection (d) (as redesignated by paragraph (2)), by 

striking ‘‘the lesser of’’ and all that follows through the period 

at the end of paragraph (2) of such subsection (d) and inserting 

‘‘the minimum Federal Pell Grant award under section 401 for 

such award year.’’; 


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(5) by inserting after subsection (d) (as redesignated by 

paragraph (2) and amended by paragraph (4)) the following: 

‘‘(e) PORTABILITY OF ASSISTANCE.— ‘‘(1) IN GENERAL.—Each eligible entity described in section 

404A(c)(1) that receives a grant under this chapter shall hold 

in reserve, for the students served by such grant as described 

in section 404B(d)(1)(A) or 404D(d), an amount that is not less 

than the minimum scholarship amount described in subsection 

(d), multiplied by the number of students the eligible entity estimates will meet the requirements of paragraph (2). ‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds held in reserve under paragraph (1) shall be made available to an eligible student when the eligible student has— ‘‘(A) completed a secondary school diploma, its recognized equivalent, or another recognized alternative standard for individuals with disabilities; and ‘‘(B) enrolled in an institution of higher education. ‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.—Funds available 

to an eligible student under this subsection may be used for— ‘‘(A) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of the eligible student at an institution of higher education; and ‘‘(B) in the case of an eligible student with special 

needs, expenses for special needs services that are incurred 

in connection with such enrollment or attendance. 

‘‘(4) RETURN OF FUNDS.— ‘‘(A) REDISTRIBUTION.— ‘‘(i) IN GENERAL.—Funds held in reserve under 

paragraph (1) that are not used by an eligible student 

within six years of the student’s scheduled completion 

of secondary school may be redistributed by the eligible 

entity to other eligible students. ‘‘(ii) RETURN OF EXCESS TO THE SECRETARY.—If, 

after meeting the requirements of paragraph (1) and, if 

applicable, redistributing excess funds in accordance 

with clause (i) of this subparagraph, an eligible entity 

has funds held in reserve under paragraph (1) that remain available, the eligible entity shall return such remaining reserved funds to the Secretary for distribution to other grantees under this chapter in accordance 

with the funding rules described in section 404B(a). 

‘‘(B) NONPARTICIPATING ENTITY.—Notwithstanding 

subparagraph (A), in the case of an eligible entity that does 

not receive assistance under this subpart for six fiscal 

years, the eligible entity shall return any funds held in reserve under paragraph (1) that are not awarded or obligated to eligible students to the Secretary for distribution 

to other grantees under this chapter.’’; and 

(6) in subsection (g)(4) (as redesignated by paragraph (2)), 

by striking ‘‘early intervention component required under section 404D’’ and inserting ‘‘activities required under section 

404D(a)’’. (f) 21ST CENTURY SCHOLAR CERTIFICATES.—Section 404F (20 

U.S.C. 1070a–26) is amended by striking subsections (a) and (b) 

and inserting the following: 


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‘‘(a) IN GENERAL.—An eligible entity that receives a grant under 

this chapter shall provide certificates, to be known as 21st Century 

Scholar Certificates, to all students served by the eligible entity who 

are participating in a program under this chapter. 

‘‘(b) INFORMATION REQUIRED.—A 21st Century Scholar Certificate shall be personalized for each student and indicate the amount 

of Federal financial aid for college and the estimated amount of any 

scholarship provided under section 404E, if applicable, that a student may be eligible to receive.’’. 

(g) EVALUATION.—Section 404G(c) (20 U.S.C. 1070a–27(c)) is 

amended by adding at the end the following: ‘‘Such evaluation shall 

include a separate analysis of—

‘‘(1) the implementation of the scholarship component described in section 404E; and 

‘‘(2) the use of methods for complying with matching requirements described in paragraphs (1) and (2) of section 

404C(c).’’. 

(h) AUTHORIZATION OF APPROPRIATIONS.—Section 404H (20 

U.S.C. 1070a–28) is amended by striking ‘‘$200,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting 

‘‘$400,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.’’. 

SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS. 

Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a–

31 et seq.) is repealed. 

SEC. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY 

GRANTS. 

(a) APPROPRIATIONS AUTHORIZED.—Section 413A(b)(1) (20 

U.S.C. 1070b(b)(1)) is amended by striking ‘‘$675,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting 

‘‘such sums as may be necessary for fiscal year 2009 and each of the 

five succeeding fiscal years.’’. 

(b) ALLOWANCE FOR BOOKS AND SUPPLIES.—Section 

413D(c)(3)(D) (20 U.S.C. 1070b–3(c)(3)(D)) is amended by striking 

‘‘$450’’ and inserting ‘‘$600’’. 

(c) TECHNICAL CORRECTION.—Section 413D(a)(1) (20 U.S.C. 

1070b–3(a)(1)) is amended by striking ‘‘such institution’’ and all 

that follows through the period and inserting ‘‘such institution received under subsections (a) and (b) of this section for fiscal year 

1999 (as such subsections were in effect with respect to allocations 

for such fiscal year).’’. 

SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP 

PROGRAM. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 415A(b) (20 

U.S.C. 1070c(b)) is amended by striking paragraphs (1) and (2) and 

inserting the following: 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this subpart $200,000,000 for fiscal year 2009 and 

such sums as may be necessary for each of the five succeeding 

fiscal years. 

‘‘(2) RESERVATION.—For any fiscal year for which the 

amount appropriated under paragraph (1) exceeds $30,000,000, 

the excess amount shall be available to carry out section 415E.’’. 


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(b) APPLICATIONS.—Section 415C(b) (20 U.S.C. 1070c–2(b)) is 

amended—

(1) in paragraph (2), by striking ‘‘not in excess of $5,000 per 

academic year’’ and inserting ‘‘not to exceed the lesser of $12,500 or the student’s cost of attendance per academic year’’; 

and 

(2) in paragraph (9), by striking ‘‘and’’ after the semicolon; 

(3) in paragraph (10)— (A) by striking ‘‘a direct appropriation of’’; and 

(B) by striking the period at the end and inserting ‘‘; 

and’’; and 

(4) by adding at the end the following: 

‘‘(11) provides notification to eligible students that such 

grants are—

‘‘(A) Leveraging Educational Assistance Partnership 

Grants; and ‘‘(B) funded by the Federal Government, the State, and, 

where applicable, other contributing partners.’’. (c) GRANTS FOR ACCESS AND PERSISTENCE.—Section 415E (20 

U.S.C. 1070c–3a) is amended to read as follows: 

‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 

‘‘(a) PURPOSE.—It is the purpose of this section to expand college access and increase college persistence by making allotments to 

States to enable the States to— ‘‘(1) expand and enhance partnerships with institutions of 

higher education, early information and intervention, mentoring, or outreach programs, private corporations, philanthropic organizations, and other interested parties, including 

community-based organizations, in order to— ‘‘(A) carry out activities under this section; and 

‘‘(B) provide coordination and cohesion among Federal, 

State, and local governmental and private efforts that provide financial assistance to help low-income students attend an institution of higher education; 

‘‘(2) provide need-based grants for access and persistence to 

eligible low-income students; ‘‘(3) provide early notification to low-income students of the 

students’ eligibility for financial aid; and ‘‘(4) encourage increased participation in early information 

and intervention, mentoring, or outreach programs. 

‘‘(b) ALLOTMENTS TO STATES.—

‘‘(1) IN GENERAL.—

‘‘(A) AUTHORIZATION.—From sums reserved under section 415A(b)(2) for each fiscal year, the Secretary shall 

make an allotment to each State that submits an application for an allotment in accordance with subsection (c) to 

enable the State to pay the Federal share, as described in 

paragraph (2), of the cost of carrying out the activities 

under subsection (d). 

‘‘(B) DETERMINATION OF ALLOTMENT.—In making allotments under subparagraph (A), the Secretary shall consider 

the following: 

‘‘(i) CONTINUATION OF AWARD.—If a State continues to meet the specifications established in such 

State’s application under subsection (c), the Secretary 


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shall make an allotment to such State that is not less 

than the allotment made to such State for the previous 

fiscal year. 

‘‘(ii) PRIORITY.—The Secretary shall give priority 

in making allotments to States that meet the requirements described in paragraph (2)(B)(ii). 

‘‘(2) FEDERAL SHARE.—

‘‘(A) IN GENERAL.—The Federal share of the cost of carrying out the activities under subsection (d) for any fiscal 

year shall not exceed 66.66 percent. 

‘‘(B) DIFFERENT PERCENTAGES.—The Federal share 

under this section shall be determined in accordance with 

the following: 

‘‘(i) The Federal share of the cost of carrying out 

the activities under subsection (d) shall be 57 percent 

if a State applies for an allotment under this section in 

partnership with any number of degree-granting institutions of higher education in the State whose combined full-time enrollment represents less than a majority of all students attending institutions of higher 

education in the State, and—

‘‘(I) philanthropic organizations that are located in, or that provide funding in, the State; or 

‘‘(II) private corporations that are located in, 

or that do business in, the State. 

‘‘(ii) The Federal share of the cost of carrying out 

the activities under subsection (d) shall be 66.66 percent if a State applies for an allotment under this section in partnership with any number of degree-granting institutions of higher education in the State whose 

combined full-time enrollment represents a majority of 

all students attending institutions of higher education 

in the State, and—

‘‘(I) philanthropic organizations that are located in, or that provide funding in, the State; or 

‘‘(II) private corporations that are located in, 

or that do business in, the State. 

‘‘(C) NON-FEDERAL SHARE.—

‘‘(i) IN GENERAL.—The non-Federal share under 

this section may be provided in cash or in kind, fairly 

evaluated. 

‘‘(ii) IN-KIND CONTRIBUTION.—For the purpose of 

calculating the non-Federal share under this subparagraph, an in-kind contribution is a non-cash contribution that—

‘‘(I) has monetary value, such as the provision 

of—

‘‘(aa) room and board; or 

‘‘(bb) transportation passes; and 

‘‘(II) helps a student meet the cost of attendance at an institution of higher education. 

‘‘(iii) EFFECT ON NEED ANALYSIS.—For the purpose 

of calculating a student’s need in accordance with part 

F, an in-kind contribution described in clause (ii) shall 


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not be considered an asset or income of the student or 

the student’s parent. 

‘‘(c) APPLICATION FOR ALLOTMENT.—

‘‘(1) IN GENERAL.—

‘‘(A) SUBMISSION.—A State that desires to receive an 

allotment under this section on behalf of a partnership described in paragraph (3) shall submit an application to the 

Secretary at such time, in such manner, and containing 

such information as the Secretary may require. 

‘‘(B) CONTENT.—An application submitted under subparagraph (A) shall include the following: 

‘‘(i) A description of the State’s plan for using the 

allotted funds. 

‘‘(ii) An assurance that the State will provide 

matching funds, in cash or in kind, from State, institutional, philanthropic, or private funds, of not less than 

33.33 percent of the cost of carrying out the activities 

under subsection (d). The State shall specify the methods by which matching funds will be paid. A State that 

uses non-Federal funds to create or expand partnerships with entities described in subsection (a)(1), in 

which such entities match State funds for student 

scholarships, may apply such matching funds from 

such entities toward fulfilling the State’s matching obligation under this clause. 

‘‘(iii) An assurance that the State will use funds 

provided under this section to supplement, and not 

supplant, Federal and State funds available for carrying out the activities under this title. 

‘‘(iv) An assurance that early information and 

intervention, mentoring, or outreach programs exist 

within the State or that there is a plan to make such 

programs widely available. 

‘‘(v) A description of the organizational structure 

that the State has in place to administer the activities 

under subsection (d), including a description of how 

the State will compile information on degree completion of students receiving grants under this section. 

‘‘(vi) A description of the steps the State will take 

to ensure that students who receive grants under this 

section persist to degree completion. 

‘‘(vii) An assurance that the State has a method in 

place, such as acceptance of the automatic zero expected family contribution determination described in 

section 479(c), to identify eligible low-income students 

and award State grant aid to such students. 

‘‘(viii) An assurance that the State will provide notification to eligible low-income students that grants 

under this section are—

‘‘(I) Leveraging Educational Assistance Partnership Grants; and 

‘‘(II) funded by the Federal Government and 

the State, and, where applicable, other contributing partners. 


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‘‘(2) STATE AGENCY.—The State agency that submits an application for a State under section 415C(a) shall be the same 

State agency that submits an application under paragraph (1) 

for such State. 

‘‘(3) PARTNERSHIP.—In applying for an allotment under 

this section, the State agency shall apply for the allotment in 

partnership with—

‘‘(A) not less than one public and one private degreegranting institution of higher education that are located in 

the State, if applicable; 

‘‘(B) new or existing early information and intervention, mentoring, or outreach programs located in the State; 

and 

‘‘(C) not less than one—

‘‘(i) philanthropic organization located in, or that 

provides funding in, the State; or 

‘‘(ii) private corporation located in, or that does 

business in, the State. 

‘‘(4) ROLES OF PARTNERS.—

‘‘(A) STATE AGENCY.—A State agency that is in a partnership receiving an allotment under this section—

‘‘(i) shall—

‘‘(I) serve as the primary administrative unit 

for the partnership; 

‘‘(II) provide or coordinate non-Federal share 

funds, and coordinate activities among partners; 

‘‘(III) encourage each institution of higher education in the State to participate in the partnership; 

‘‘(IV) make determinations and early notifications of assistance as described under subsection 

(d)(2); and 

‘‘(V) annually report to the Secretary on the 

partnership’s progress in meeting the purpose of 

this section; and 

‘‘(ii) may provide early information and intervention, mentoring, or outreach programs. 

‘‘(B) DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION.—A degree-granting institution of higher education 

that is in a partnership receiving an allotment under this 

section—

‘‘(i) shall—

‘‘(I) recruit and admit participating qualified 

students and provide such additional institutional 

grant aid to participating students as agreed to 

with the State agency; 

‘‘(II) provide support services to students who 

receive grants for access and persistence under this 

section and are enrolled at such institution; and 

‘‘(III) assist the State in the identification of eligible students and the dissemination of early notifications of assistance as agreed to with the State 

agency; and 


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‘‘(ii) may provide funding for early information 

and intervention, mentoring, or outreach programs or 

provide such services directly. 

‘‘(C) PROGRAMS.—An early information and intervention, mentoring, or outreach program that is in a partnership receiving an allotment under this section shall provide 

direct services, support, and information to participating 

students. 

‘‘(D) PHILANTHROPIC ORGANIZATION OR PRIVATE CORPORATION.—A philanthropic organization or private corporation that is in a partnership receiving an allotment 

under this section shall provide funds for grants for access 

and persistence for participating students, or provide funds 

or support for early information and intervention, mentoring, or outreach programs. 

‘‘(d) AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—

‘‘(A) ESTABLISHMENT OF PARTNERSHIP.—Each State receiving an allotment under this section shall use the funds 

to establish a partnership to award grants for access and 

persistence to eligible low-income students in order to increase the amount of financial assistance such students receive under this subpart for undergraduate education expenses. 

‘‘(B) AMOUNT OF GRANTS.—The amount of a grant for 

access and persistence awarded by a State to a student 

under this section shall be not less than—

‘‘(i) the average undergraduate tuition and mandatory fees at the public institutions of higher education 

in the State where the student resides that are of the 

same type of institution as the institution of higher 

education the student attends; minus 

‘‘(ii) other Federal and State aid the student receives. 

‘‘(C) SPECIAL RULES.—

‘‘(i) PARTNERSHIP INSTITUTIONS.—A State receiving 

an allotment under this section may restrict the use of 

grants for access and persistence under this section by 

awarding the grants only to students attending institutions of higher education that are participating in the 

partnership. 

‘‘(ii) OUT-OF-STATE INSTITUTIONS.—If a State provides grants through another program under this subpart to students attending institutions of higher education located in another State, grants awarded under 

this section may be used at institutions of higher education located in another State. 

‘‘(2) EARLY NOTIFICATION.—

‘‘(A) IN GENERAL.—Each State receiving an allotment 

under this section shall annually notify low-income students in grades seven through 12 in the State, and their 

families, of their potential eligibility for student financial 

assistance, including an access and persistence grant, to attend an institution of higher education. 


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‘‘(B) CONTENT OF NOTICE.—The notice under subparagraph (A)—

‘‘(i) shall include—

‘‘(I) information about early information and 

intervention, mentoring, or outreach programs 

available to the student; 

‘‘(II) information that a student’s eligibility for 

a grant for access and persistence is enhanced 

through participation in an early information and 

intervention, mentoring, or outreach program; 

‘‘(III) an explanation that student and family 

eligibility for, and participation in, other Federal 

means-tested programs may indicate eligibility for 

a grant for access and persistence and other student aid programs; 

‘‘(IV) a nonbinding estimate of the total 

amount of financial aid that a low-income student 

with a similar income level may expect to receive, 

including an estimate of the amount of a grant for 

access and persistence and an estimate of the 

amount of grants, loans, and all other available 

types of aid from the major Federal and State financial aid programs; 

‘‘(V) an explanation that in order to be eligible 

for a grant for access and persistence, at a minimum, a student shall—

‘‘(aa) meet the requirement under paragraph (3); 

‘‘(bb) graduate from secondary school; and 

‘‘(cc) enroll at an institution of higher education—

‘‘(AA) that is a partner in the partnership; 

or 

‘‘(BB) with respect to which attendance is 

permitted under subsection (d)(1)(C)(ii); 

‘‘(VI) information on any additional requirements (such as a student pledge detailing student 

responsibilities) that the State may impose for receipt of a grant for access and persistence under 

this section; and 

‘‘(VII) instructions on how to apply for a grant 

for access and persistence and an explanation that 

a student is required to file a Free Application for 

Federal Student Aid authorized under section 

483(a) to be eligible for such grant and assistance 

from other Federal and State financial aid programs; and 

‘‘(ii) may include a disclaimer that grant awards 

for access and persistence are contingent on—

‘‘(I) a determination of the student’s financial 

eligibility at the time of the student’s enrollment at 

an institution of higher education that is a partner 

in the partnership or qualifies under subsection 

(d)(1)(C)(ii); 


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‘‘(II) annual Federal and State spending for 

higher education; and ‘‘(III) other aid received by the student at the 

time of the student’s enrollment at such institution 

of higher education. ‘‘(3) ELIGIBILITY.—In determining which students are eligible to receive grants for access and persistence, the State shall 

ensure that each such student complies with the following subparagraph (A) or (B): ‘‘(A) Meets not less than two of the following criteria, 

with priority given to students meeting all of the following 

criteria: ‘‘(i) Has an expected family contribution equal to 

zero, as determined under part F, or a comparable alternative based upon the State’s approved criteria in 

section 415C(b)(4). ‘‘(ii) Qualifies for the State’s maximum undergraduate award, as authorized under section 415C(b). ‘‘(iii) Is participating in, or has participated in, a 

Federal, State, institutional, or community early information and intervention, mentoring, or outreach program, as recognized by the State agency administering 

activities under this section. 

‘‘(B) Is receiving, or has received, a grant for access 

and persistence under this section, in accordance with 

paragraph (5). 

‘‘(4) GRANT AWARD.—Once a student, including those students who have received early notification under paragraph (2) 

from the State, applies for admission to an institution that is 

a partner in the partnership, files a Free Application for Federal Student Aid and any related State form, and is determined 

eligible by the State under paragraph (3), the State shall— ‘‘(A) issue the student a preliminary award certificate 

for a grant for access and persistence with estimated award 

amounts; and 

‘‘(B) inform the student that payment of the grant for 

access and persistence award amounts is subject to certification of enrollment and award eligibility by the institution 

of higher education. 

‘‘(5) DURATION OF AWARD.—An eligible student who receives 

a grant for access and persistence under this section shall receive such grant award for each year of such student’s undergraduate education in which the student remains eligible for 

assistance under this title, including pursuant to section 484(c), 

and remains financially eligible as determined by the State, except that the State may impose reasonable time limits to degree 

completion. 

‘‘(e) ADMINISTRATIVE COST ALLOWANCE.—A State that receives 

an allotment under this section may reserve not more than two percent of the funds made available annually through the allotment for 

State administrative functions required to carry out this section. 

‘‘(f) STATUTORY AND REGULATORY RELIEF FOR INSTITUTIONS OF

HIGHER EDUCATION.—The Secretary may grant, upon the request of 

an institution of higher education that is in a partnership described 

in subsection (b)(2)(B)(ii) and that receives an allotment under this 


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section, a waiver for such institution from statutory or regulatory requirements that inhibit the ability of the institution to successfully 

and efficiently participate in the activities of the partnership. ‘‘(g) APPLICABILITY RULE.—The provisions of this subpart that 

are not inconsistent with this section shall apply to the program authorized by this section. ‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.—Each State receiving an allotment under this section for a fiscal year shall provide the Secretary with an assurance that the aggregate amount expended per student or the aggregate expenditures by the State, from 

funds derived from non-Federal sources, for the authorized activities 

described in subsection (d) for the preceding fiscal year were not less 

than the amount expended per student or the aggregate expenditure 

by the State for the activities for the second preceding fiscal year. ‘‘(i) SPECIAL RULE.—Notwithstanding subsection (h), for purposes of determining a State’s share of the cost of the authorized activities described in subsection (d), the State shall consider only 

those expenditures from non-Federal sources that exceed the State’s 

total expenditures for need-based grants, scholarships, and workstudy assistance for fiscal year 1999 (including any such assistance 

provided under this subpart). 

‘‘(j) CONTINUATION AND TRANSITION.—For the two-year period 

that begins on the date of enactment of the Higher Education Opportunity Act, the Secretary shall continue to award grants under 

section 415E of the Higher Education Act of 1965 as such section 

existed on the day before the date of enactment of the Higher Education Opportunity Act to States that choose to apply for grants 

under such predecessor section. 

‘‘(k) REPORTS.—Not later than three years after the date of enactment of the Higher Education Opportunity Act and annually 

thereafter, the Secretary shall submit a report describing the activities and the impact of the partnerships under this section to the authorizing committees.’’. 

SEC. 408. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE 

ENGAGED IN MIGRANT AND SEASONAL FARMWORK. 

Section 418A (20 U.S.C. 1070d–2) is amended—

(1) in subsection (b)—

(A) in paragraph (1)(B)(i), by striking ‘‘parents’’ and inserting ‘‘immediate family’’; 

(B) in paragraph (3)(B), by inserting ‘‘(including preparation for college entrance examinations)’’ after ‘‘college program’’; 

(C) in paragraph (5), by striking ‘‘weekly’’; 

(D) in paragraph (7), by striking ‘‘and’’ after the semicolon; 

(E) in paragraph (8)—

(i) by inserting ‘‘(such as transportation and child 

care)’’ after ‘‘services’’; and 

(ii) by striking the period at the end and inserting 

‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(9) other activities to improve persistence and retention in 

postsecondary education.’’; 

(2) in subsection (c)—

(A) in paragraph (1)—


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(i) in subparagraph (A)—

(I) by striking ‘‘parents’’ and inserting ‘‘immediate family’’; and 

(II) by striking ‘‘(or such part’s predecessor authority)’’; 

(ii) in subparagraph (B)—

(I) in the matter preceding clause (i), by inserting ‘‘to improve placement, persistence, and retention in postsecondary education,’’ after ‘‘services’’; 

and 

(II) in clause (i), by striking ‘‘and career’’ and 

inserting ‘‘career, and economic education or personal finance’’; 

(iii) in subparagraph (E), by striking ‘‘and’’ after 

the semicolon; 

(iv) by redesignating subparagraph (F) as subparagraph (G); 

(v) by inserting after subparagraph (E) the following: 

‘‘(F) internships; and’’; and 

(vi) in subparagraph (G) (as redesignated by 

clause (iv)), by striking ‘‘support services’’ and inserting 

‘‘essential supportive services (such as transportation 

and child care)’’ ; and 

(B) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘and’’ after the 

semicolon; 

(ii) in subparagraph (B), by striking the period at 

the end and inserting ‘‘, and coordinating such services, assistance, and aid with other non-program services, assistance, and aid, including services, assistance, 

and aid provided by community-based organizations, 

which may include mentoring and guidance; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) for students attending two-year institutions of higher 

education, encouraging the students to transfer to four-year institutions of higher education, where appropriate, and monitoring the rate of transfer of such students.’’; 

(3) in subsection (e), by striking ‘‘section 402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 

(4) in subsection (f)—

(A) in paragraph (1), by striking ‘‘$150,000’’ and inserting ‘‘$180,000’’; and 

(B) in paragraph (2), by striking ‘‘$150,000’’ and inserting ‘‘$180,000’’; 

(5) by redesignating subsections (g) and (h) as subsections 

(h) and (i), respectively; 

(6) by inserting after subsection (f) the following: 

‘‘(g) RESERVATION AND ALLOCATION OF FUNDS.—From the 

amounts made available under subsection (i), the Secretary—

‘‘(1) may reserve not more than a total of 1⁄2 of one percent 

for outreach activities, technical assistance, and professional development programs relating to the programs under subsection 

(a); 


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‘‘(2) for any fiscal year for which the amount appropriated 

to carry out this section is equal to or greater than $40,000,000, 

shall, in awarding grants from the remainder of such 

amounts—

‘‘(A) make available not less than 45 percent of such remainder for the high school equivalency programs and not 

less than 45 percent of such remainder for the college assistance migrant programs; 

‘‘(B) award the rest of such remainder for high school 

equivalency programs or college assistance migrant programs based on the number, quality, and promise of the 

applications; and 

‘‘(C) consider the need to provide an equitable geographic distribution of such grants; and 

‘‘(3) for any fiscal year for which the amount appropriated 

to carry out this section is less than $40,000,000, shall, in 

awarding grants from the remainder of such amounts make 

available the same percentage of funds to the high school 

equivalency program and to the college assistance migrant program as was made available for each such program for the fiscal year preceding the fiscal year for which the grant was 

made.’’; 

(7) by striking subsection (h) (as redesignated by paragraph 

(5)) and inserting the following: 

‘‘(h) DATA COLLECTION.—The Secretary shall—

‘‘(1) annually collect data on persons receiving services authorized under this subpart regarding such persons’ rates of 

secondary school graduation, entrance into postsecondary education, and completion of postsecondary education, as applicable; 

‘‘(2) not less often than once every two years, prepare and 

submit to the authorizing committees a report based on the 

most recently available data under paragraph (1); and 

‘‘(3) make such report available to the public.’’; and 

(8) by striking subsection (i) (as redesignated by paragraph 

(5)) and inserting the following: 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 

making grants and contracts under this section, there are authorized to be appropriated $75,000,000 for fiscal year 2009 and such 

sums as may be necessary for the each of the five succeeding fiscal 

years.’’. 

SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM. 

(a) ELIGIBILITY OF SCHOLARS.—Section 419F(a) (20 U.S.C. 

1070d–36(a)) is amended by inserting ‘‘(or a home school, whether 

treated as a home school or a private school under State law)’’ after 

‘‘public or private secondary school’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 419K (20 

U.S.C. 1070d–41) is amended by striking ‘‘$45,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting 

‘‘such sums as may be necessary for fiscal year 2009 and each of the 

five succeeding fiscal years.’’. 

SEC. 410. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL. 

(a) MINIMUM GRANT.—Section 419N(b)(2)(B) (20 U.S.C. 

1070e(b)(2)(B)) is amended—


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(1) by striking ‘‘A grant’’ and inserting the following: 

‘‘(i) IN GENERAL.—Except as provided in clause (ii), 

a grant’’; and 

(2) by adding at the end the following: 

‘‘(ii) INCREASE TRIGGER.—For any fiscal year for 

which the amount appropriated under the authority of 

subsection (g) is equal to or greater than $20,000,000, 

a grant under this section shall be awarded in an 

amount that is not less than $30,000.’’. 

(b) ELIGIBLE INSTITUTIONS.—Section 419N(b)(4) (20 U.S.C. 

1070e(b)(4)) is amended by inserting ‘‘, except that for any fiscal 

year for which the amount appropriated to carry out this section is 

equal to or greater than $20,000,000, this sentence shall be applied 

by substituting ‘$250,000’ for ‘$350,000’ ’’ before the period. 

(c) DEFINITION OF LOW-INCOME STUDENT.—Paragraph (7) of 

section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as follows: 

‘‘(7) DEFINITION OF LOW-INCOME STUDENT.—For the purpose of this section, the term ‘low-income student’ means a student—

‘‘(A) who is eligible to receive a Federal Pell Grant for 

the award year for which the determination is made; or 

‘‘(B) who would otherwise be eligible to receive a Federal Pell Grant for the award year for which the determination is made, except that the student fails to meet the requirements of—

‘‘(i) section 401(c)(1) because the student is enrolled 

in a graduate or first professional course of study; or 

‘‘(ii) section 484(a)(5) because the student is in the 

United States for a temporary purpose.’’. 

(d) PUBLICITY.—Section 419N(b) (20 U.S.C. 1070e(b)) is further 

amended by adding at the end the following new paragraph: 

‘‘(8) PUBLICITY.—The Secretary shall publicize the availability of grants under this section in appropriate periodicals, 

in addition to publication in the Federal Register, and shall inform appropriate educational organizations of such availability.’’. 

(e) REPORTING REQUIREMENTS.—Section 419N(e) (20 U.S.C. 

1070e(e)) is amended—

(1) in paragraph (1)(A), by striking ‘‘18 months,’’ and all 

that follows through the end and inserting ‘‘annually.’’; and 

(2) in paragraph (2)—

(A) by striking ‘‘the third annual grant payment’’ and 

inserting ‘‘continuation awards’’; and 

(B) by striking ‘‘the 18-month report’’ and inserting ‘‘the 

reports’’. 

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 419N(g) (20 

U.S.C. 1070e(g)) is amended by striking ‘‘$45,000,000 for fiscal year 

1999’’ and all that follows through the period and inserting ‘‘such 

sums as may be necessary for fiscal year 2009 and each of the five 

succeeding fiscal years.’’. 

SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 

Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is repealed. 


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SEC. 412. TEACH GRANTS. 

(a) AMENDMENTS.—Subpart 9 of part A of title IV (20 U.S.C. 

1070g et seq.) is amended—

(1) in section 420N (20 U.S.C. 1070g–2)—

(A) in subsection (b)—

(i) in paragraph (1)(E), by striking ‘‘and’’ after the 

semicolon; 

(ii) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new paragraph: 

‘‘(3) contains, or is accompanied by, a plain-language disclosure form developed by the Secretary that clearly describes 

the nature of the TEACH Grant award, the service obligation, 

and the loan repayment requirements that are the consequence 

of the failure to complete the service obligation.’’; and 

(B) by adding at the end the following new subsection: 

‘‘(d) ADDITIONAL ADMINISTRATIVE PROVISIONS.—

‘‘(1) CHANGE OF HIGH-NEED DESIGNATION.—If a recipient of 

an initial grant under this subpart has acquired an academic 

degree, or expertise, in a field that was, at the time of the recipient’s application for that grant, designated as high need in accordance with subsection (b)(1)(C)(vii), but is no longer so designated, the grant recipient may fulfill the service obligation described in subsection (b)(1) by teaching in that field. 

‘‘(2) EXTENUATING CIRCUMSTANCES.—The Secretary shall 

establish, by regulation, categories of extenuating circumstances 

under which a recipient of a grant under this subpart who is 

unable to fulfill all or part of the recipient’s service obligation 

may be excused from fulfilling that portion of the service obligation.’’; and 

(2) by adding at the end the following new section: 

‘‘SEC. 420P. PROGRAM REPORT. 

‘‘Not later than two years after the date of enactment of the 

Higher Education Opportunity Act and every two years thereafter, 

the Secretary shall prepare and submit to the authorizing committees a report on TEACH grants with respect to the schools and students served by recipients of such grants. Such report shall take into 

consideration information related to—

‘‘(1) the number of TEACH grant recipients; 

‘‘(2) the degrees obtained by such recipients; 

‘‘(3) the location, including the school, local educational 

agency, and State, where the recipients completed the service 

agreed to under section 420N(b) and the subject taught; 

‘‘(4) the duration of such service; and 

‘‘(5) any other data necessary to conduct such evaluation.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a)(1) shall take effect on July 1, 2010. 


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PART B—FEDERAL FAMILY EDUCATION LOAN 

PROGRAM 

SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED BY FEDERAL INSURANCE. 

Section 424(a) (20 U.S.C. 1074(a)) is amended— (1) by striking ‘‘2012’’ and inserting ‘‘2014’’; and 

(2) by striking ‘‘2016’’ and inserting ‘‘2018’’. 

SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST 

COSTS. 

(a) DEFINITIONS.— (1) AMENDMENTS.—Subparagraph (C) of section 428(a)(2) 

(20 U.S.C. 1078(a)(2)) is amended to read as follows: ‘‘(C) For the purpose of this paragraph— ‘‘(i) a student’s cost of attendance shall be determined 

under section 472; ‘‘(ii) a student’s estimated financial assistance means, 

for the period for which the loan is sought— ‘‘(I) the amount of assistance such student will receive under subpart 1 of part A (as determined in accordance with section 484(b)), subpart 3 of part A, and 

parts C and E; plus ‘‘(II) other scholarship, grant, or loan assistance, 

but excluding— ‘‘(aa) any national service education award or 

post-service benefit under title I of the National 

and Community Service Act of 1990; and ‘‘(bb) any veterans’ education benefits as defined in section 480(c); and ‘‘(iii) the determination of need and of the amount of a 

loan by an eligible institution under subparagraph (B) with 

respect to a student shall be calculated in accordance with 

part F.’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on July 1, 2010. 

(b) DURATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED

LOANS.—Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended— (1) by striking ‘‘2012’’ and inserting ‘‘2014’’; and 

(2) by striking ‘‘2016’’ and inserting ‘‘2018’’. (c) INSURANCE PROGRAM AGREEMENTS.— (1) DEFERMENT INFORMATION REQUIREMENTS.—Section 

428(b)(1)(Y) (20 U.S.C. 1078(b)(1)(Y)) is amended— (A) by striking clause (i) and inserting the following: ‘‘(i) the lender shall determine the eligibility of a 

borrower for a deferment described in subparagraph 

(M)(i) based on— ‘‘(I) receipt of a request for deferment from the 

borrower and documentation of the borrower’s eligibility for the deferment; ‘‘(II) receipt of a newly completed loan application that documents the borrower’s eligibility for a 

deferment; ‘‘(III) receipt of student status information documenting that the borrower is enrolled on at least 

a half-time basis; or 


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‘‘(IV) the lender’s confirmation of the borrower’s half-time enrollment status through use of 

the National Student Loan Data System, if the 

confirmation is requested by the institution of 

higher education;’’; 

(B) in clause (ii), by striking the period at the end and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(iii) the lender shall, at the time the lender grants 

a deferment to a borrower who received a loan under 

section 428H and is eligible for a deferment under subparagraph (M) of this paragraph, provide information 

to the borrower to assist the borrower in understanding 

the impact of the capitalization of interest on the borrower’s loan principal and on the total amount of interest to be paid during the life of the loan.’’. 

(2) TRANSFER INFORMATION REQUIREMENTS.—Section 

428(b)(2)(F)(i) (20 U.S.C. 1078(b)(2)(F)(i)) is amended—

(A) in subclause (III), by striking ‘‘and’’ after the semicolon; 

(B) in subclause (IV), by striking ‘‘and’’ after the semicolon; and 

(C) by adding at the end the following: 

‘‘(V) the effective date of the transfer; 

‘‘(VI) the date on which the current servicer (as 

of the date of the notice) will stop accepting payments; and 

‘‘(VII) the date on which the new servicer will 

begin accepting payments; and’’. 

(d) RESTRICTIONS ON INDUCEMENTS, PAYMENTS, MAILINGS, AND

ADVERTISING.—Paragraph (3) of section 428(b) (20 U.S.C. 

1078(b)(3)) is amended to read as follows: 

‘‘(3) RESTRICTIONS ON INDUCEMENTS, PAYMENTS, MAILINGS, 

AND ADVERTISING.—A guaranty agency shall not—

‘‘(A) offer, directly or indirectly, premiums, payments, 

stock or other securities, prizes, travel, entertainment expenses, tuition payment or reimbursement, or other inducements to—

‘‘(i) any institution of higher education or the employees of an institution of higher education in order to 

secure applicants for loans made under this part; or 

‘‘(ii) any lender, or any agent, employee, or independent contractor of any lender or guaranty agency, 

in order to administer or market loans made under 

this part (other than a loan made as part of the guaranty agency’s lender-of-last-resort program pursuant to 

section 428(j)), for the purpose of securing the designation of the guaranty agency as the insurer of such 

loans; 

‘‘(B) conduct unsolicited mailings, by postal or electronic means, of student loan application forms to students 

enrolled in secondary schools or postsecondary educational 

institutions, or to the families of such students, except that 

applications may be mailed, by postal or electronic means, 


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to students or borrowers who have previously received loans 

guaranteed under this part by the guaranty agency; 

‘‘(C) perform, for an institution of higher education 

participating in a program under this title, any function 

that such institution is required to perform under this title, 

except that the guaranty agency may perform functions on 

behalf of such institution in accordance with section 485(b); 

‘‘(D) pay, on behalf of an institution of higher education, another person to perform any function that such 

institution is required to perform under this title, except 

that the guaranty agency may perform functions on behalf 

of such institution in accordance with section 485(b); or 

‘‘(E) conduct fraudulent or misleading advertising concerning loan availability, terms, or conditions. 

It shall not be a violation of this paragraph for a guaranty 

agency to provide technical assistance to institutions of higher 

education comparable to the technical assistance provided to institutions of higher education by the Department.’’. 

(e) INFORMATION REGARDING INCOME-BASED REPAYMENT

PLANS.—

(1) IN GENERAL.—Section 428(b)(9)(A) (20 U.S.C. 

1078(b)(9)(A)) is amended—

(A) in clause (iii), by striking ‘‘and’’ after the semicolon; 

(B) in clause (iv), by striking the period at the end and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(v) beginning July 1, 2009, an income-based repayment plan that enables a borrower who has a partial financial hardship to make a lower monthly payment in accordance with section 493C, except that the 

plan described in this clause shall not be available to 

a borrower for a loan under section 428B made on behalf of a dependent student or for a consolidation loan 

under section 428C, if the proceeds of such loan were 

used to discharge the liability of a loan under section 

428B made on behalf of a dependent student.’’. 

(2) CONFORMING AMENDMENT.—Section 428(b)(1)(L)(i) (20 

U.S.C. 1078(b)(1)(L)(i)) is amended by striking ‘‘clause (ii) or 

(iii)’’ and inserting ‘‘clause (ii), (iii), or (v)’’. 

(f) FORBEARANCE INFORMATION REQUIREMENTS IN GUARANTY

AGREEMENTS.—Section 428(c) (20 U.S.C. 1078(c)) is amended—

(1) in paragraph (2)(H)(i), by striking ‘‘preclaims’’ and inserting ‘‘default aversion’’; and 

(2) in paragraph (3)(C)—

(A) in clause (i), by striking ‘‘and’’ after the semicolon; 

(B) in clause (ii), by striking ‘‘and’’ after the semicolon; 

and 

(C) by inserting after clause (ii) the following: 

‘‘(iii) the lender shall, at the time of granting a 

borrower forbearance, provide information to the borrower to assist the borrower in understanding the impact of capitalization of interest on the borrower’s loan 

principal and total amount of interest to be paid during the life of the loan; and 


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‘‘(iv) the lender shall contact the borrower not less 

often than once every 180 days during the period of forbearance to inform the borrower of—

‘‘(I) the amount of unpaid principal and the 

amount of interest that has accrued since the last 

statement of such amounts provided to the borrower by the lender; 

‘‘(II) the fact that interest will accrue on the 

loan for the period of forbearance; 

‘‘(III) the amount of interest that will be capitalized, and the date on which capitalization will 

occur; 

‘‘(IV) the option of the borrower to pay the interest that has accrued before the interest is capitalized; and 

‘‘(V) the borrower’s option to discontinue the 

forbearance at any time; and’’. 

(g) APPLICABILITY OF USURY LAWS.—

(1) AMENDMENT.—Section 428(d) (20 U.S.C. 1078(d)) is 

amended by inserting ‘‘and section 207 of the Servicemembers 

Civil Relief Act (50 U.S.C. App. 527)’’ after ‘‘this Act’’. 

(2) CONFORMING AMENDMENT.—Section 438 (20 U.S.C. 

1087–1) is amended by adding at the end the following new 

subsection: 

‘‘(g) SPECIAL RULE.—With respect to any loan made under this 

part for which the interest rate is determined under the 

Servicemembers Civil Relief Act (50 U.S.C. App. 527), the applicable 

interest rate to be subtracted in calculating the special allowance for 

such loan under this section shall be the interest rate determined 

under that Act for such loan.’’. 

(3) EFFECTIVE DATES.—The amendment made by paragraph (1) shall take effect on the date of enactment of this Act, 

and the amendment made by paragraph (2) shall take effect for 

loans for which the first disbursement is made on or after July 

1, 2008. 

(h) REPEAL OF DUPLICATIVE NOTICE REQUIREMENT.—Subsection (e) of section 428 (20 U.S.C. 1078(e)) is repealed. 

(i) INFORMATION ON DEFAULTS.—Section 428(k) (20 U.S.C. 

1078(k)) is amended by adding at the end the following: 

‘‘(4) PROVISION OF INFORMATION TO BORROWERS IN DEFAULT.—Each guaranty agency that has received a default 

claim from a lender regarding a borrower, shall provide the 

borrower in default, on not less than two separate occasions, 

with a notice, in simple and understandable terms, of not less 

than the following information: 

‘‘(A) The options available to the borrower to remove 

the borrower’s loan from default. 

‘‘(B) The relevant fees and conditions associated with 

each option.’’. 

(j) AUTHORITY TO REQUIRE INCOME-BASED REPAYMENT.—Section 428(m) (20 U.S.C. 1078(m)) is amended—

(1) in the subsection heading, by inserting ‘‘AND INCOMEBASED’’ after ‘‘INCOME CONTINGENT’’; 

(2) in paragraph (1)—


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(A) by inserting ‘‘or income-based repayment plan’’ before ‘‘, the terms and conditions’’; and 

(B) by inserting ‘‘or an income-based repayment plan 

under section 493C, as the case may be’’ before the period 

at the end; and 

(3) in the paragraph heading of paragraph (2), by inserting 

‘‘OR INCOME-BASED’’ after ‘‘INCOME CONTINGENT’’. 

SEC. 423. VOLUNTARY FLEXIBLE AGREEMENTS. 

Section 428A(a) (20 U.S.C. 1078–1(a)) is amended by adding at 

the end the following: 

‘‘(3) REPORT REQUIRED.—

‘‘(A) IN GENERAL.—The Secretary, in consultation with 

the guaranty agencies operating under voluntary flexible 

agreements, shall report on an annual basis to the authorizing committees regarding the program outcomes that the 

voluntary flexible agreements have had with respect to—

‘‘(i) program integrity and program and cost efficiencies, delinquency prevention, and default aversion, 

including a comparison of such outcomes to such outcomes for each guaranty agency operating under an 

agreement under subsection (b) or (c) of section 428; 

‘‘(ii) consumer education programs described in 

section 433A; and 

‘‘(iii) the availability and delivery of student financial aid. 

‘‘(B) CONTENTS.—Each report described in subparagraph (A) shall include—

‘‘(i) a description of each voluntary flexible agreement and the performance goals established by the Secretary for each agreement; 

‘‘(ii) a list of—

‘‘(I) guaranty agencies operating under voluntary flexible agreements; 

‘‘(II) the specific statutory or regulatory waivers provided to each such guaranty agency; and 

‘‘(III) any other waivers provided to other 

guaranty agencies under paragraph (1); 

‘‘(iii) a description of the standards by which each 

guaranty agency’s performance under the guaranty 

agency’s voluntary flexible agreement was assessed and 

the degree to which each guaranty agency achieved the 

performance standards; 

‘‘(iv) an analysis of the fees paid by the Secretary, 

and the costs and efficiencies achieved under each voluntary flexible agreement; and 

‘‘(v) an identification of promising practices for 

program improvement that could be replicated by other 

guaranty agencies.’’. 

SEC. 424. FEDERAL PLUS LOANS. 

(a) AMENDMENTS.—Section 428B (20 U.S.C. 1078–2) is amended—

(1) in subsection (a)(3)(B)(i), by striking subclause (II) and 

inserting the following: 


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‘‘(II) does not otherwise have an adverse credit history, as determined by the lender in accordance with 

the regulations promulgated pursuant to paragraph 

(1)(A), as such regulations were in effect on the day before the date of enactment of the Ensuring Continued 

Access to Student Loans Act of 2008.’’; and 

(2) in subsection (d), by striking paragraphs (1) and (2) 

and inserting the following: 

‘‘(1) COMMENCEMENT OF REPAYMENT.—Repayment of principal on loans made under this section shall commence not 

later than 60 days after the date such loan is disbursed by the 

lender, subject to deferral—

‘‘(A)(i) during any period during which the parent borrower or the graduate or professional student borrower 

meets the conditions required for a deferral under section 

427(a)(2)(C) or 428(b)(1)(M); and 

‘‘(ii) upon the request of the parent borrower, during 

any period during which the student on whose behalf the 

loan was borrowed by the parent borrower meets the conditions required for a deferral under section 427(a)(2)(C)(i)(I) 

or 428(b)(1)(M)(i)(I); and 

‘‘(B)(i) in the case of a parent borrower, upon the request of the parent borrower, during the 6-month period beginning on the later of—

‘‘(I) the day after the date the student on whose behalf the loan was borrowed ceases to carry at least onehalf the normal full-time academic workload (as determined by the institution); or 

‘‘(II) if the parent borrower is also a student, the 

day after the date such parent borrower ceases to carry 

at least one-half such a workload; and 

‘‘(ii) in the case of a graduate or professional student 

borrower, during the 6-month period beginning on the day 

after the date such student ceases to carry at least one-half 

the normal full-time academic workload (as determined by 

the institution). 

‘‘(2) CAPITALIZATION OF INTEREST.—

‘‘(A) IN GENERAL.—Interest on loans made under this 

section for which payments of principal are deferred pursuant to paragraph (1) shall, if agreed upon by the borrower 

and the lender—

‘‘(i) be paid monthly or quarterly; or 

‘‘(ii) be added to the principal amount of the loan 

not more frequently than quarterly by the lender. 

‘‘(B) INSURABLE LIMITS.—Capitalization of interest 

under this paragraph shall not be deemed to exceed the annual insurable limit on account of the borrower.’’. 

(b) CONFORMING AMENDMENT.—Section 428(b)(7)(C) (20 U.S.C. 

1078(b)(7)(C)) is amended by striking ‘‘section’’ and all that follows 

through ‘‘428C’’ and inserting ‘‘section 428B or 428C’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect for loans for which the first disbursement is made 

on or after July 1, 2008. 


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SEC. 425. FEDERAL CONSOLIDATION LOANS. 

(a) ELIGIBLE BORROWER.—Section 428C(a)(3)(B)(i)(V) (20 

U.S.C. 1078–3(a)(3)(B)(i)(V)) is amended—

(1) in item (aa), by striking ‘‘or’’ after the semicolon; 

(2) in item (bb), by striking the period and inserting ‘‘; or’’; 

and 

(3) by adding at the end the following: 

‘‘(cc) for the purpose of using the no accrual of interest for active duty service members benefit offered 

under section 455(o).’’. 

(b) CONSOLIDATION LOAN LENDER AGREEMENTS.—

(1) IN GENERAL.—Section 428C(b)(1) (20 U.S.C. 1078–

3(b)(1)) is amended—

(A) in subparagraph (E), by striking ‘‘and’’ after the 

semicolon; 

(B) by redesignating subparagraph (F) as subparagraph (G); and 

(C) by inserting after subparagraph (E) the following: 

‘‘(F) that the lender shall disclose to a prospective borrower, in simple and understandable terms, at the time the 

lender provides an application for a consolidation loan—

‘‘(i) whether consolidation would result in a loss of 

loan benefits under this part or part D, including loan 

forgiveness, cancellation, and deferment; 

‘‘(ii) with respect to Federal Perkins Loans under 

part E—

‘‘(I) that if a borrower includes a Federal Perkins Loan under part E in the consolidation loan, 

the borrower will lose all interest-free periods that 

would have been available for the Federal Perkins 

Loan, such as—

‘‘(aa) the periods during which no interest 

accrues on such loan while the borrower is enrolled in school at least half-time; 

‘‘(bb) the grace period under section 

464(c)(1)(A); and 

‘‘(cc) the periods during which the borrower’s student loan repayments are deferred 

under section 464(c)(2); 

‘‘(II) that if a borrower includes a Federal Perkins Loan in the consolidation loan, the borrower 

will no longer be eligible for cancellation of part or 

all of the Federal Perkins Loan under section 

465(a); and 

‘‘(III) the occupations listed in section 465 that 

qualify for Federal Perkins Loan cancellation 

under section 465(a); 

‘‘(iii) the repayment plans that are available to the 

borrower; 

‘‘(iv) the options of the borrower to prepay the consolidation loan, to pay such loan on a shorter schedule, 

and to change repayment plans; 

‘‘(v) that borrower benefit programs for a consolidation loan may vary among different lenders; 


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‘‘(vi) the consequences of default on the consolidation loan; and 

‘‘(vii) that by applying for a consolidation loan, the 

borrower is not obligated to agree to take the consolidation loan; and’’. 

(2) CONSOLIDATION LOANS.—Section 428C(b)(5) (20 U.S.C. 

1078–3(b)(5)) is amended—

(A) by inserting after the first sentence the following: 

‘‘In addition, in the event that a borrower chooses to obtain 

a consolidation loan for the purposes of using the no accrual of interest for active duty service members program 

offered under section 455(o), the Secretary shall offer a Federal Direct Consolidation loan to any such borrower who 

applies for participation in such program.’’; and 

(B) by striking ‘‘Such direct consolidation loan’’ and inserting ‘‘A direct consolidation loan offered under this paragraph’’. 

(3) CONFORMING AMENDMENT.—Section 455(g) (20 U.S.C. 

1087e(g)) is amended by striking ‘‘section 428C(b)(1)(F)’’ and inserting ‘‘section 428C(b)(1)(G)’’. 

(c) TECHNICAL AMENDMENT.—Section 203(b)(2)(C) of the College 

Cost Reduction and Access Act (121 Stat. 794) is amended by striking ‘‘the second sentence’’ and inserting ‘‘the third sentence’’. 

(d) INCOME-BASED REPAYMENT.—

(1) AMENDMENTS.—Section 428C(c) (20 U.S.C. 1078–3(c)) is 

amended—

(A) in the matter preceding clause (i) of paragraph 

(2)(A)—

(i) by striking ‘‘or income-sensitive’’ and inserting 

‘‘income-sensitive, or income-based’’; and 

(ii) by inserting ‘‘or income-based’’ after ‘‘such income-sensitive’’; and 

(B) in paragraph (3)—

(i) in subparagraph (A)—

(I) by inserting ‘‘except in the case of an income-based repayment schedule under section 

493C’’, before ‘‘a repayment’’; and 

(II) by striking ‘‘and’’ after the semicolon; 

(ii) in subparagraph (B), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) an income-based repayment schedule under section 

493C shall not be available to a consolidation loan borrower who used the proceeds of the loan to discharge the 

liability on a loan under section 428B, or a Federal Direct 

PLUS loan, made on behalf of a dependent student.’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on July 1, 2009. 

(e) EXTENSION OF CONSOLIDATION LOAN AUTHORITY.—Section 

428C(e) (20 U.S.C. 1078–3(e)) is amended by striking ‘‘2012’’ and inserting ‘‘2014’’. 

SEC. 426. DEFAULT REDUCTION PROGRAM. 

Section 428F (20 U.S.C. 1078–6) is amended—

(1) in subsection (a)—


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(A) in paragraph (1)(A), by adding at the end the following: ‘‘Upon the sale of the loan to an eligible lender, the 

guaranty agency or other holder of the loan shall request 

any consumer reporting agency to which the guaranty agency or holder, as applicable, reported the default of the loan, 

to remove the record of default from the borrower’s credit 

history.’’; and 

(B) by adding at the end the following: 

‘‘(5) LIMITATION.—A borrower may obtain the benefits 

available under this subsection with respect to rehabilitating a 

loan only one time per loan.’’; and 

(2) by adding at the end the following: 

‘‘(c) FINANCIAL AND ECONOMIC LITERACY.—Each program described in subsection (b) shall include making available financial 

and economic education materials for a borrower who has rehabilitated a loan.’’. 

SEC. 427. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS. 

(a) SPECIAL RULE.—Section 428G(a) (20 U.S.C. 1078–7(a)) is 

amended by adding at the end the following: 

‘‘(4) AMENDMENT TO SPECIAL RULE.—Beginning on October 

1, 2011, the special rule under paragraph (3) shall be applied 

by substituting ‘15 percent’ for ‘10 percent’.’’. 

(b) REQUIREMENTS FOR DISBURSEMENTS TO FIRST YEAR STUDENTS.—Section 428G(b) (20 U.S.C. 1078–7(b)) is amended by adding at the end the following: 

‘‘(3) AMENDMENT TO COHORT DEFAULT RATE EXEMPTION.—

Beginning on October 1, 2011, the exemption to the requirements of paragraph (1) in the second sentence of such paragraph shall be applied by substituting ‘15 percent’ for ‘10 percent’.’’. 

SEC. 428. UNSUBSIDIZED STAFFORD LOAN LIMITS. 

(a) AMENDMENTS.—Section 428H(d) (20 U.S.C. 1078–8(d)) is 

amended—

(1) in paragraph (2)—

(A) in the paragraph heading, by striking ‘‘GRADUATE

AND PROFESSIONAL STUDENTS’’ and inserting ‘‘GRADUATE, 

PROFESSIONAL, AND INDEPENDENT POSTBACCALAUREATE

STUDENTS’’; and 

(B) in subparagraph (A)—

(i) in the matter preceding clause (i), by inserting 

‘‘, or a student described in clause (ii),’’ after ‘‘graduate 

or professional student’’; and 

(ii) by striking clause (ii) and inserting the following: 

‘‘(ii) notwithstanding paragraph (4), in the case of 

an independent student, or a dependent student whose 

parents are unable to borrow under section 428B or the 

Federal Direct PLUS Loan Program, who has obtained 

a baccalaureate degree and who is enrolled in 

coursework specified in paragraph (3)(B) or (4)(B) of 

section 484(b)—

‘‘(I) $7,000 for coursework necessary for enrollment in a graduate or professional program; and 


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‘‘(II) $7,000 for coursework necessary for a professional credential or certification from a State required for employment as a teacher in an elementary or secondary school,’’; and 

(2) in paragraph (4)(A), by striking clause (iii) and inserting the following: 

‘‘(iii) in the case of such a student enrolled in 

coursework specified in—

‘‘(I) section 484(b)(3)(B), $6,000; or 

‘‘(II) section 484(b)(4)(B), $7,000.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect for loans for which the first disbursement is made 

on or after July 1, 2008. 

SEC. 429. LOAN FORGIVENESS FOR TEACHERS EMPLOYED BY EDUCATIONAL SERVICE AGENCIES. 

Section 428J (20 U.S.C. 1078–10) is amended—

(1) in subsection (b)(1)(A)—

(A) by inserting ‘‘or location’’ after ‘‘a school’’; and 

(B) by inserting ‘‘or locations’’ after ‘‘schools’’; 

(2) in subsection (c)(1), by striking the second sentence; 

(3) in subsection (c)(3)(B)(iii), by inserting ‘‘or, in the case 

of a teacher who is employed by an educational service agency, 

as certified by the chief administrative officer of such agency,’’

after ‘‘borrower is employed,’’; and 

(4) in subsection (g), by striking paragraph (2) and inserting the following: 

‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No borrower may, 

for the same service, receive a benefit under both this section 

and—

‘‘(A) section 428K; 

‘‘(B) section 455(m); 

‘‘(C) section 460; or 

‘‘(D) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.).’’. 

SEC. 430. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL 

NEED. 

Section 428K (20 U.S.C. 1078–11) is amended to read as follows: 

‘‘SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL 

NEED. 

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) LOAN FORGIVENESS AUTHORIZED.—The Secretary shall 

forgive, in accordance with this section, the qualified loan 

amount described in subsection (c) of the student loan obligation of a borrower who—

‘‘(A) is employed full-time in an area of national need, 

as described in subsection (b); and 

‘‘(B) is not in default on a loan for which the borrower 

seeks forgiveness. 

‘‘(2) METHOD OF LOAN FORGIVENESS.—To provide loan forgiveness under paragraph (1), the Secretary is authorized to 

carry out a program— ‘‘(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, 


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insured, or guaranteed under this part (other than an excepted PLUS loan or an excepted consolidation loan (as 

such terms are defined in section 493C(a))); and 

‘‘(B) to cancel a qualified loan amount for a loan made 

under part D of this title (other than an excepted PLUS 

loan or an excepted consolidation loan). 

‘‘(3) REGULATIONS.—The Secretary is authorized to issue 

such regulations as may be necessary to carry out this section. 

‘‘(b) AREAS OF NATIONAL NEED.—For purposes of this section, 

an individual is employed in an area of national need if the individual meets the requirements of one of the following: 

‘‘(1) EARLY CHILDHOOD EDUCATORS.—The individual is employed full-time as an early childhood educator. 

‘‘(2) NURSES.—The individual is employed full-time—

‘‘(A) as a nurse in a clinical setting; or 

‘‘(B) as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 

801 of the Public Health Service Act (42 U.S.C. 296)). 

‘‘(3) FOREIGN LANGUAGE SPECIALISTS.—The individual—

‘‘(A) has obtained a baccalaureate or advanced degree 

in a critical foreign language; and 

‘‘(B) is employed full-time—

‘‘(i) in an elementary school or secondary school as 

a teacher of a critical foreign language; 

‘‘(ii) in an agency of the United States Government 

in a position that regularly requires the use of such 

critical foreign language; or 

‘‘(iii) in an institution of higher education as a faculty member or instructor teaching a critical foreign 

language. 

‘‘(4) LIBRARIANS.—The individual is employed full-time as 

a librarian in—

‘‘(A) a public library that serves a geographic area 

within which the public schools have a combined average 

of 30 percent or more of the schools’ total student enrollments composed of children meeting a measure of poverty 

under section 1113(a)(5) of the Elementary and Secondary 

Education Act of 1965; or 

‘‘(B) a school that qualifies under section 465(a)(2)(A) 

for loan cancellation for Perkins loan recipients who teach 

in such a school. 

‘‘(5) HIGHLY QUALIFIED TEACHERS SERVING STUDENTS WHO

ARE LIMITED ENGLISH PROFICIENT, LOW-INCOME COMMUNITIES, 

AND UNDERREPRESENTED POPULATIONS.—The individual—

‘‘(A) is highly qualified, as such term is defined in section 9101 of the Elementary and Secondary Education Act 

of 1965; and 

‘‘(B) is employed full-time—

‘‘(i) as a teacher educating students who are limited English proficient; 

‘‘(ii) as a teacher in a school that qualifies under 

section 465(a)(2)(A) for loan cancellation for Perkins 

loan recipients who teach in such a school; 


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‘‘(iii) as a teacher and is an individual from an 

underrepresented population in the teaching profession, 

as determined by the Secretary; or 

‘‘(iv) as a teacher in an educational service agency, 

as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965. 

‘‘(6) CHILD WELFARE WORKERS.—The individual—

‘‘(A) has obtained a degree in social work or a related 

field with a focus on serving children and families; and 

‘‘(B) is employed full-time in public or private child 

welfare services. 

‘‘(7) SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.—The individual—

‘‘(A) is employed full-time as a speech-language pathologist or audiologist in an eligible preschool program or a 

school that qualifies under section 465(a)(2)(A) for loan 

cancellation for Perkins loan recipients who teach in such 

a school; and 

‘‘(B) has, at a minimum, a graduate degree in speechlanguage pathology, audiology, or communication sciences 

and disorders. 

‘‘(8) SCHOOL COUNSELORS.—The individual is employed 

full-time as a school counselor (as such term is defined in section 5421(e) of the Elementary and Secondary Education Act of 

1965), in a school that qualifies under section 465(a)(2)(A) for 

loan cancellation for Perkins loan recipients who teach in such 

a school. 

‘‘(9) PUBLIC SECTOR EMPLOYEES.—The individual is employed full-time in—

‘‘(A) public safety (including as a first responder, firefighter, police officer, or other law enforcement or public 

safety officer); 

‘‘(B) emergency management (including as an emergency medical technician); 

‘‘(C) public health (including full-time professionals engaged in health care practitioner occupations and health 

care support occupations, as such terms are defined by the 

Bureau of Labor Statistics); or 

‘‘(D) public interest legal services (including prosecution, public defense, or legal advocacy in low-income communities at a nonprofit organization). 

‘‘(10) NUTRITION PROFESSIONALS.—The individual—

‘‘(A) is a licensed, certified, or registered dietician who 

has completed a degree in a relevant field; and 

‘‘(B) is employed full-time as a dietician with an agency 

of the special supplemental nutrition program for women, 

infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). 

‘‘(11) MEDICAL SPECIALISTS.—The individual—

‘‘(A) has received a degree from a medical school at an 

institution of higher education; and 

‘‘(B) has been accepted to, or currently participates in, 

a full-time graduate medical education training program or 

fellowship (or both) to provide health care services (as recVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00169 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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ognized by the Accreditation Council for Graduate Medical 

Education) that— ‘‘(i) requires more than five years of total graduate 

medical training; and ‘‘(ii) has fewer United States medical school graduate applicants than the total number of positions 

available in such program or fellowship. ‘‘(12) MENTAL HEALTH PROFESSIONALS.—The individual— ‘‘(A) has not less than a master’s degree in social work, 

psychology, or psychiatry; and ‘‘(B) is employed full-time providing mental health 

services to children, adolescents, or veterans. 

‘‘(13) DENTISTS.—The individual—

‘‘(A)(i) has received a degree from an accredited dental 

school (as accredited by the Commission on Dental Accreditation); 

‘‘(ii) has completed residency training in pediatric dentistry, general dentistry, or dental public health; and 

‘‘(iii) is employed full-time as a dentist; or 

‘‘(B) is employed full-time as a member of the faculty 

at a program or school accredited by the Commission on 

Dental Accreditation. 

‘‘(14) STEM EMPLOYEES.—The individual is employed fulltime in applied sciences, technology, engineering, or mathematics. ‘‘(15) PHYSICAL THERAPISTS.—The individual— ‘‘(A) is a physical therapist; and 

‘‘(B) is employed full-time providing physical therapy 

services to children, adolescents, or veterans. 

‘‘(16) SUPERINTENDENTS, PRINCIPALS, AND OTHER ADMINIS- TRATORS.—The individual is employed full-time as a school superintendent, principal, or other administrator in a local educational agency, including in an educational service agency, in 

which 30 percent or more of the schools are schools that qualify 

under section 465(a)(2)(A) for loan cancellation for Perkins loan 

recipients who teach in such a school. 

‘‘(17) OCCUPATIONAL THERAPISTS.—The individual is an occupational therapist and is employed full-time providing occupational therapy services to children, adolescents, or veterans. 

‘‘(c) QUALIFIED LOAN AMOUNT.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), for each 

school, academic, or calendar year of full-time employment in 

an area of national need described in subsection (b) that a borrower completes on or after the date of enactment of the Higher 

Education Opportunity Act, the Secretary shall forgive not more 

than $2,000 of the student loan obligation of the borrower that 

is outstanding after the completion of each such school, academic, or calendar year of employment, respectively. 

‘‘(2) MAXIMUM AMOUNT.—The Secretary shall not forgive more than $10,000 in the aggregate for any borrower under this 

section, and no borrower shall receive loan forgiveness under 

this section for more than five years of service. 

‘‘(d) PRIORITY.—The Secretary shall grant loan forgiveness 

under this section on a first-come, first-served basis, and subject to 

the availability of appropriations. 


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‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to authorize the refunding of any repayment of a loan. ‘‘(f) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower may, 

for the same service, receive a reduction of loan obligations under 

both this section and section 428J, 428L, 455(m), or 460. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) AUDIOLOGIST.—The term ‘audiologist’ means an individual who— ‘‘(A) has received, at a minimum, a graduate degree in 

audiology from an institution of higher education accredited by an agency or association recognized by the Secretary 

pursuant to section 496(a); and ‘‘(B)(i) provides audiology services under subsection 

(ll)(2) of section 1861 of the Social Security Act (42 U.S.C. 

1395x(ll)(2)); or ‘‘(ii) meets or exceeds the qualifications for a qualified 

audiologist under subsection (ll)(4) of such section (42 

U.S.C. 1395x(ll)(4)). 

‘‘(2) EARLY CHILDHOOD EDUCATOR.—The term ‘early childhood educator’ means an individual who—

‘‘(A) works directly with children in an eligible preschool program or eligible early childhood education program in a low-income community; 

‘‘(B) is involved directly in the care, development, and 

education of infants, toddlers, or young children age five 

and under; and 

‘‘(C) has completed a baccalaureate or advanced degree 

in early childhood development or early childhood education, or in a field related to early childhood education. 

‘‘(3) ELIGIBLE PRESCHOOL PROGRAM.—The term ‘eligible 

preschool program’ means a program that—

‘‘(A) provides for the care, development, and education 

of infants, toddlers, or young children age five and under; ‘‘(B) meets any applicable State or local government licensing, certification, approval, and registration requirements, and ‘‘(C) is operated by— ‘‘(i) a public or private school that is supported, 

sponsored, supervised, or administered by a local educational agency; ‘‘(ii) a Head Start agency serving as a grantee designated under the Head Start Act (42 U.S.C. 9831 et 

seq.); ‘‘(iii) a nonprofit or community based organization; 

or ‘‘(iv) a child care program, including a home. ‘‘(4) ELIGIBLE EARLY CHILDHOOD EDUCATION PROGRAM.—

The term ‘eligible early childhood education program’ means—

‘‘(A) a family child care program, center-based child 

care program, State prekindergarten program, school program, or other out-of-home early childhood development 

care program, that— ‘‘(i) is licensed or regulated by the State; and 

‘‘(ii) serves two or more unrelated children who are 

not old enough to attend kindergarten; 


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‘‘(B) a Head Start Program carried out under the Head 

Start Act (42 U.S.C. 9831 et seq.); or 

‘‘(C) an Early Head Start Program carried out under 

section 645A of the Head Start Act (42 U.S.C. 9840a). 

‘‘(5) LOW-INCOME COMMUNITY.—The term ‘low-income community’ means a school attendance area (as defined in section 

1113(a)(2)(A) of the Elementary and Secondary Education Act 

of 1965)—

‘‘(A) in which 70 percent of households earn less than 

85 percent of the State median household income; or 

‘‘(B) that includes a school that qualifies under section 

465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school. 

‘‘(6) NURSE.—The term ‘nurse’ means a nurse who meets all 

of the following: 

‘‘(A) The nurse graduated from—

‘‘(i) an accredited school of nursing (as those terms 

are defined in section 801 of the Public Health Service 

Act (42 U.S.C. 296)); 

‘‘(ii) a nursing center; or 

‘‘(iii) an academic health center that provides 

nurse training. 

‘‘(B) The nurse holds a valid and unrestricted license 

to practice nursing in the State in which the nurse practices in a clinical setting. 

‘‘(C) The nurse holds one or more of the following: 

‘‘(i) A graduate degree in nursing, or an equivalent 

degree. 

‘‘(ii) A nursing degree from a collegiate school of 

nursing (as defined in section 801 of the Public Health 

Service Act (42 U.S.C. 296)). 

‘‘(iii) A nursing degree from an associate degree 

school of nursing (as defined in such section). 

‘‘(iv) A nursing degree from a diploma school of 

nursing (as defined in such section). 

‘‘(7) OCCUPATIONAL THERAPIST.—The term ‘occupational 

therapist’ means an individual who—

‘‘(A) has received, at a minimum, a baccalaureate degree in occupational therapy from an institution of higher 

education accredited by an agency or association recognized 

by the Secretary pursuant to section 496(a); and 

‘‘(B)(i) provides occupational therapy services under 

section 1861(g) of the Social Security Act (42 U.S.C. 

1395x(g)); or 

‘‘(ii) meets or exceeds the qualifications for a qualified 

occupational therapist, as determined by State law. 

‘‘(8) PHYSICAL THERAPIST.—The term ‘physical therapist’

means an individual who—

‘‘(A) has received, at a minimum, a graduate degree in 

physical therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 496(a); and 

‘‘(B)(i) provides physical therapy services under section 

1861(p) of the Social Security Act (42 U.S.C. 1395x(p)); or 


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‘‘(ii) meets or exceeds the qualifications for a qualified 

physical therapist, as determined by State law. 

‘‘(9) SPEECH-LANGUAGE PATHOLOGIST.—The term ‘speechlanguage pathologist’ means a speech-language pathologist 

who— ‘‘(A) has received, at a minimum, a graduate degree in 

speech-language pathology or communication sciences and 

disorders from an institution of higher education accredited 

by an agency or association recognized by the Secretary 

pursuant to section 496(a); and ‘‘(B) provides speech-language pathology services under 

section 1861(ll)(1) of the Social Security Act (42 U.S.C. 

1395x(ll)(1)), or meets or exceeds the qualifications for a 

qualified speech-language pathologist under subsection 

(ll)(3) of such section (42 U.S.C. 1395x(ll)(3)). ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may 

be necessary for fiscal year 2009 and each of the five succeeding fiscal years to provide loan forgiveness in accordance with this section.’’. 

SEC. 431. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS. 

Part B of title IV (20 U.S.C. 1071 et seq.) is amended by inserting after section 428K the following: 

‘‘SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS. 

‘‘(a) PURPOSE.—The purpose of this section is to encourage 

qualified individuals to enter and continue employment as civil 

legal assistance attorneys. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) CIVIL LEGAL ASSISTANCE ATTORNEY.—The term ‘civil 

legal assistance attorney’ means an attorney who— ‘‘(A) is a full-time employee of— ‘‘(i) a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or ‘‘(ii) a protection and advocacy system or client assistance program that provides legal assistance with 

respect to civil matters and receives funding under— ‘‘(I) subtitle C of title I of the Developmental 

Disabilities Assistance and Bill of Rights Act of 

2000 (42 U.S.C. 15041 et seq.); 

‘‘(II) section 112 or 509 of the Rehabilitation 

Act of 1973 (29 U.S.C. 732, 794e); 

‘‘(III) part A of title I of the Protection and Advocacy for Individuals with Mental Illness Act (42 

U.S.C. 10801 et seq.); ‘‘(IV) section 5 of the Assistive Technology Act 

of 1998 (29 U.S.C. 3004); ‘‘(V) section 1150 of the Social Security Act (42 

U.S.C. 1320b–21); ‘‘(VI) section 1253 of the Public Health Service 

Act (42 U.S.C. 300d–53); or ‘‘(VII) section 291 of the Help America Vote Act 

of 2002 (42 U.S.C. 15461); 


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‘‘(B) as such employee, provides civil legal assistance as 

described in subparagraph (A) on a full-time basis; and 

‘‘(C) is continually licensed to practice law. 

‘‘(2) STUDENT LOAN.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘student loan’ means—

‘‘(i) subject to clause (ii), a loan made, insured, or 

guaranteed under this part, part D, or part E; and 

‘‘(ii) a loan made under section 428C or 455(g), to 

the extent that such loan was used to repay—

‘‘(I) a Federal Direct Stafford Loan, a Federal 

Direct Unsubsidized Stafford Loan, or a Federal 

Direct PLUS Loan; 

‘‘(II) a loan made under section 428, 428B, or 

428H; or 

‘‘(III) a loan made under part E. 

‘‘(B) EXCLUSION OF PARENT PLUS LOANS.—The term 

‘student loan’ does not include any of the following loans: 

‘‘(i) A loan made to the parents of a dependent student under section 428B. 

‘‘(ii) A Federal Direct PLUS Loan made to the parents of a dependent student. 

‘‘(iii) A loan made under section 428C or 455(g), to 

the extent that such loan was used to repay—

‘‘(I) a loan made to the parents of a dependent 

student under section 428B; or 

‘‘(II) a Federal Direct PLUS Loan made to the 

parents of a dependent student. 

‘‘(c) PROGRAM AUTHORIZED.—From amounts appropriated 

under subsection (i) for a fiscal year, the Secretary shall carry out 

a program of assuming the obligation to repay a student loan, by 

direct payments on behalf of a borrower to the holder of such loan, 

in accordance with subsection (d), for any borrower who—

‘‘(1) is employed as a civil legal assistance attorney; and 

‘‘(2) is not in default on a loan for which the borrower seeks 

repayment. 

‘‘(d) TERMS OF AGREEMENT.—

‘‘(1) IN GENERAL.—To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written 

agreement with the Secretary that specifies that—

‘‘(A) the borrower will remain employed as a civil legal 

assistance attorney for a required period of service of not 

less than three years, unless involuntarily separated from 

that employment; 

‘‘(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Secretary 

the amount of any benefits received by such employee under 

this agreement; 

‘‘(C) if the borrower is required to repay an amount to 

the Secretary under subparagraph (B) and fails to repay 

such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee by such 


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methods as are provided by law for the recovery of amounts 

owed to the Federal Government; 

‘‘(D) the Secretary may waive, in whole or in part, a 

right of recovery under this subsection if it is shown that 

recovery would be contrary to the public interest; and 

‘‘(E) the Secretary shall make student loan payments 

under this section for the period of the agreement, subject 

to the availability of appropriations. 

‘‘(2) REPAYMENTS.—

‘‘(A) IN GENERAL.—Any amount repaid by, or recovered 

from, an individual under this subsection shall be credited 

to the appropriation account from which the amount involved was originally paid. 

‘‘(B) MERGER.—Any amount credited under subparagraph (A) shall be merged with other sums in such account 

and shall be available for the same purposes and period, 

and subject to the same limitations, if any, as the sums 

with which the amount was merged. 

‘‘(3) LIMITATIONS.—

‘‘(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan 

repayments made by the Secretary under this section shall 

be made subject to such terms, limitations, or conditions as 

may be mutually agreed upon by the borrower and the Secretary in an agreement under paragraph (1), except that the 

amount paid by the Secretary under this section shall not 

exceed—

‘‘(i) $6,000 for any borrower in any calendar year; 

or 

‘‘(ii) an aggregate total of $40,000 in the case of 

any borrower. 

‘‘(B) BEGINNING OF PAYMENTS.—Nothing in this section 

shall authorize the Secretary to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Secretary entered into 

an agreement with the borrower under this subsection. 

‘‘(e) ADDITIONAL AGREEMENTS.—

‘‘(1) IN GENERAL.—On completion of the required period of 

service under an agreement under subsection (d), the borrower 

and the Secretary may, subject to paragraph (2), enter into an 

additional agreement in accordance with subsection (d). 

‘‘(2) TERM.—An agreement entered into under paragraph 

(1) may require the borrower to remain employed as a civil 

legal assistance attorney for less than three years. 

‘‘(f) AWARD BASIS; PRIORITY.—

‘‘(1) AWARD BASIS.—Subject to paragraph (2), the Secretary 

shall provide repayment benefits under this section on a firstcome, first-served basis, and subject to the availability of appropriations. 

‘‘(2) PRIORITY.—The Secretary shall give priority in providing repayment benefits under this section in any fiscal year 

to a borrower who—

‘‘(A) has practiced law for five years or less and, for not 

less than 90 percent of the time in such practice, has served 

as a civil legal assistance attorney; 


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‘‘(B) received repayment benefits under this section during the preceding fiscal year; and ‘‘(C) has completed less than three years of the first required period of service specified for the borrower in an 

agreement entered into under subsection (d). ‘‘(g) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower may, 

for the same service, receive a reduction of loan obligations under 

both this section and section 428K or 455(m). ‘‘(h) REGULATIONS.—The Secretary is authorized to issue such 

regulations as may be necessary to carry out this section. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $10,000,000 for fiscal 

year 2009 and such sums as may be necessary for each of the five 

succeeding fiscal years.’’. 

SEC. 432. REPORTS TO CONSUMER REPORTING AGENCIES AND INSTITUTIONS OF HIGHER EDUCATION. 

(a) IN GENERAL.—Section 430A (20 U.S.C. 1080a) is amended— (1) in the section heading, by striking ‘‘CREDIT BUREAUS’’ and inserting ‘‘CONSUMER REPORTING AGENCIES’’; 

(2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) in the first sentence— (I) by striking ‘‘the Secretary,’’ and inserting ‘‘the Secretary and’’; and 

(II) by striking ‘‘agreements with credit bureau 

organizations’’ and inserting ‘‘an agreement with 

each consumer reporting agency’’; 

(ii) in the second sentence— (I) by striking ‘‘such organizations’’ each place 

the term occurs and inserting ‘‘such consumer reporting agencies’’; and 

(II) by striking ‘‘insurance), by’’ and inserting ‘‘insurance) or by’’; and 

(iii) in the third sentence—

(I) by striking ‘‘Secretary,’’ and inserting ‘‘Secretary or’’; and 

(II) by striking ‘‘organizations’’ and inserting 

‘‘consumer reporting agencies’’; 

(B) by redesignating paragraphs (1), (2), and (3) as 

paragraphs (2), (4), and (5), respectively; 

(C) by inserting before paragraph (2) (as redesignated 

by subparagraph (B)), the following: 

‘‘(1) that the loan is an education loan (as such term is defined in section 151);’’; and 

(D) by inserting after paragraph (2) (as redesignated by 

subparagraph (B)) the following: 

‘‘(3) information concerning the repayment status of the 

loan for inclusion in the file of the borrower, except that nothing 

in this subsection shall be construed to affect any otherwise applicable provision of the Fair Credit Reporting Act (15 U.S.C. 

1681 et seq.);’’; 

(3) in subsection (b)— (A) by striking ‘‘organizations’’ and inserting ‘‘consumer reporting agencies’’; and 


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(B) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection (a)(4)’’; 

(4) in subsection (c)—

(A) in paragraph (2), by striking ‘‘organizations’’ and 

inserting ‘‘consumer reporting agencies’’; and 

(B) in paragraph (4)—

(i) by striking ‘‘subsection (a)(2)’’ and inserting 

‘‘subsection (a)(4)’’; and 

(ii) in subparagraph (A), by striking ‘‘credit bureau 

organizations’’ and inserting ‘‘consumer reporting agencies’’; and 

(5) in subsection (d), by striking ‘‘credit bureau organization’’ and inserting ‘‘consumer reporting agency’’. 

(b) CONFORMING AMENDMENTS.—The Act (20 U.S.C. 1001 et 

seq.) is further amended—

(1) in section 427(a)(2)(G) (20 U.S.C. 1077(a)(2)(G))—

(A) in clause (i), by striking ‘‘credit bureau organizations’’ and inserting ‘‘consumer reporting agencies’’; and 

(B) in clause (ii), by striking ‘‘organizations’’ and inserting ‘‘consumer reporting agencies’’; 

(2) in section 428(c)(3)(A)(iii) (20 U.S.C. 1078(c)(3)(A)(iii)), 

by striking ‘‘credit bureau organization’’ and inserting ‘‘consumer reporting agency’’; 

(3) in section 428C(b)(4)(E) (20 U.S.C. 1078–3(b)(4)(E))—

(A) in clause (i), by striking ‘‘credit bureau organizations’’ and inserting ‘‘consumer reporting agencies’’; and 

(B) in clause (ii), by striking ‘‘organizations’’ and inserting ‘‘consumer reporting agencies’’; 

(4) in section 437(c)(5) (20 U.S.C. 1087(c)(5)), by striking 

‘‘credit bureaus’’ and inserting ‘‘consumer reporting agencies’’; 

(5) in section 463(c) (20 U.S.C. 1087cc(c))—

(A) in the subsection heading, by striking ‘‘CREDIT BUREAU ORGANIZATIONS’’ and inserting ‘‘CONSUMER REPORTING AGENCIES’’; 

(B) in paragraph (1), by striking ‘‘credit bureau organizations’’ and inserting ‘‘consumer reporting agencies’’; 

(C) in paragraph (2), by striking ‘‘organizations’’ and 

inserting ‘‘consumer reporting agencies’’; 

(D) in paragraph (4)(A), by striking ‘‘credit bureau organization’’ each place the term occurs and inserting ‘‘consumer reporting agency’’; and 

(E) in paragraph (5)—

(i) by striking ‘‘credit bureau organizations’’ and 

inserting ‘‘consumer reporting agencies’’; and 

(ii) by striking ‘‘such organizations’’ and inserting 

‘‘such consumer reporting agencies’’; 

(6) in section 463A(a)(11) (20 U.S.C. 1087cc–1(a)(11)), by 

striking ‘‘credit bureau or credit’’ and inserting ‘‘consumer’’; and 

(7) in section 464 (20 U.S.C. 10877dd)—

(A) in subsection (c)(1)(I), by striking ‘‘credit bureau organizations’’ and inserting ‘‘consumer reporting agencies’’; 

and 

(B) in subsection (h)(1)(A), by striking ‘‘credit bureau 

organization or credit’’ and inserting ‘‘consumer’’. 


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SEC. 433. LEGAL POWERS AND RESPONSIBILITIES. 

(a) SETTLEMENT OF CLAIMS.—Section 432(b) (20 U.S.C. 

1082(b)) is amended by adding at the end the following: ‘‘The Secretary may not enter into any settlement of any claim under this 

title that exceeds $1,000,000 unless—

‘‘(1) the Secretary requests a review of the proposed settlement of such claim by the Attorney General; and 

‘‘(2) the Attorney General responds to such request, which 

may include, at the Attorney General’s discretion, a written 

opinion related to such proposed settlement.’’. 

(b) COMMON FORMS AND FORMATS.—Section 432(m)(1)(D)(i) (20 

U.S.C. 1082(m)(1)(D)(i)) is amended by adding at the end the following: ‘‘Unless otherwise notified by the Secretary, each institution 

of higher education that participates in the program under this part 

or part D may use a master promissory note for loans under this 

part and part D.’’. 

SEC. 434. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS. 

(a) AMENDMENT.—Section 433 (20 U.S.C. 1083) is amended to 

read as follows: 

‘‘SEC. 433. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS. 

‘‘(a) REQUIRED DISCLOSURE BEFORE DISBURSEMENT.—Each eligible lender, at or prior to the time such lender disburses a loan 

that is insured or guaranteed under this part (other than a loan 

made under section 428C), shall provide thorough and accurate 

loan information on such loan to the borrower in simple and understandable terms. Any disclosure required by this subsection may be 

made by an eligible lender by written or electronic means, including 

as part of the application material provided to the borrower, as part 

of the promissory note evidencing the loan, or on a separate written 

form provided to the borrower. Each lender shall provide to each 

borrower a telephone number, and may provide an electronic address, through which additional loan information can be obtained. 

The disclosure shall include—

‘‘(1) a statement prominently and clearly displayed and in 

bold print that the borrower is receiving a loan that must be 

repaid; 

‘‘(2) the name of the eligible lender, and the address to 

which communications and payments should be sent; 

‘‘(3) the principal amount of the loan; 

‘‘(4) the amount of any charges, such as the origination fee 

and Federal default fee, and whether those fees will be—

‘‘(A) collected by the lender at or prior to the disbursal 

of the loan; 

‘‘(B) deducted from the proceeds of the loan; 

‘‘(C) paid separately by the borrower; or 

‘‘(D) paid by the lender; 

‘‘(5) the stated interest rate on the loan; 

‘‘(6) for loans made under section 428H or to a student borrower under section 428B, an explanation—

‘‘(A) that the borrower has the option to pay the interest 

that accrues on the loan while the borrower is a student at 

an institution of higher education; and 


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‘‘(B) if the borrower does not pay such interest while attending an institution, when and how often interest on the 

loan will be capitalized; 

‘‘(7) for loans made to a parent borrower on behalf of a student under section 428B, an explanation— ‘‘(A) that the parent has the option to defer payment on 

the loan while the student is enrolled on at least a halftime basis in an institution of higher education; ‘‘(B) if the parent does not pay the interest on the loan 

while the student is enrolled in an institution, when and 

how often interest on the loan will be capitalized; and ‘‘(C) that the parent may be eligible for a deferment on 

the loan if the parent is enrolled on at least a half-time 

basis in an institution of higher education; 

‘‘(8) the yearly and cumulative maximum amounts that 

may be borrowed; ‘‘(9) a statement of the total cumulative balance, including 

the loan being disbursed, owed by the borrower to that lender, 

and an estimate of the projected monthly payment, given such 

cumulative balance; ‘‘(10) an explanation of when repayment of the loan will be 

required and when the borrower will be obligated to pay interest that accrues on the loan; ‘‘(11) a description of the types of repayment plans that are 

available for the loan; ‘‘(12) a statement as to the minimum and maximum repayment terms which the lender may impose, and the minimum 

annual payment required by law; ‘‘(13) an explanation of any special options the borrower 

may have for loan consolidation or other refinancing of the 

loan; ‘‘(14) a statement that the borrower has the right to prepay 

all or part of the loan, at any time, without penalty; ‘‘(15) a statement summarizing circumstances in which repayment of the loan or interest that accrues on the loan may be 

deferred; 

‘‘(16) a statement summarizing the circumstances in which 

a borrower may obtain forbearance on the loan; 

‘‘(17) a description of the options available for forgiveness 

of the loan, and the requirements to obtain loan forgiveness; 

‘‘(18) a definition of default and the consequences to the 

borrower if the borrower defaults, including a statement that 

the default will be reported to a consumer reporting agency; and 

‘‘(19) an explanation of any cost the borrower may incur 

during repayment or in the collection of the loan, including fees 

that the borrower may be charged, such as late payment fees 

and collection costs. 

‘‘(b) REQUIRED DISCLOSURE BEFORE REPAYMENT.—Each eligible 

lender shall, at or prior to the start of the repayment period on a 

loan made, insured, or guaranteed under section 428, 428B, or 

428H, disclose to the borrower by written or electronic means the information required under this subsection in simple and understandable terms. Each eligible lender shall provide to each borrower a 

telephone number, and may provide an electronic address, through 

which additional loan information can be obtained. The disclosure 


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required by this subsection shall be made not less than 30 days nor 

more than 150 days before the first payment on the loan is due from 

the borrower. The disclosure shall include— ‘‘(1) the name of the eligible lender or loan servicer, and the 

address to which communications and payments should be sent; ‘‘(2) the scheduled date upon which the repayment period is 

to begin or the deferment period under section 428B(d)(1) is to 

end, as applicable; ‘‘(3) the estimated balance owed by the borrower on the loan 

or loans covered by the disclosure (including, if applicable, the 

estimated amount of interest to be capitalized) as of the scheduled date on which the repayment period is to begin or the 

deferment period under 428B(d)(1) is to end, as applicable; ‘‘(4) the stated interest rate on the loan or loans, or the combined interest rate of loans with different stated interest rates; ‘‘(5) information on loan repayment benefits offered for the 

loan or loans, including— ‘‘(A) whether the lender offers any benefits that are contingent on the repayment behavior of the borrower, such 

as— ‘‘(i) a reduction in interest rate if the borrower repays the loan by automatic payroll or checking account 

deduction; ‘‘(ii) a reduction in interest rate if the borrower 

makes a specified number of on-time payments; and ‘‘(iii) other loan repayment benefits for which the 

borrower could be eligible that would reduce the 

amount of repayment or the length of the repayment 

period; 

‘‘(B) if the lender provides a loan repayment benefit— ‘‘(i) any limitations on such benefit; 

‘‘(ii) explicit information on the reasons a borrower 

may lose eligibility for such benefit; ‘‘(iii) for a loan repayment benefit that reduces the 

borrower’s interest rate—

‘‘(I) examples of the impact the interest rate reduction would have on the length of the borrower’s 

repayment period and the amount of repayment; 

and 

‘‘(II) upon the request of the borrower, the effect the reduction in interest rate would have with 

respect to the borrower’s payoff amount and time 

for repayment; and 

‘‘(iv) whether and how the borrower can regain eligibility for a benefit if a borrower loses a benefit; 

‘‘(6) a description of all the repayment plans that are available to the borrower and a statement that the borrower may 

change from one plan to another during the period of repayment; 

‘‘(7) the repayment schedule for all loans covered by the disclosure, including—

‘‘(A) the date the first installment is due; and 

‘‘(B) the number, amount, and frequency of required 

payments, which shall be based on a standard repayment 

plan or, in the case of a borrower who has selected another 


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repayment plan, on the repayment plan selected by the borrower; 

‘‘(8) an explanation of any special options the borrower may 

have for loan consolidation or other refinancing of the loan and 

of the availability and terms of such other options; 

‘‘(9) except as provided in subsection (d)—

‘‘(A) the projected total of interest charges which the 

borrower will pay on the loan or loans, assuming that the 

borrower makes payments exactly in accordance with the 

repayment schedule; and 

‘‘(B) if the borrower has already paid interest on the 

loan or loans, the amount of interest paid; 

‘‘(10) the nature of any fees which may accrue or be charged 

to the borrower during the repayment period; 

‘‘(11) a statement that the borrower has the right to prepay 

all or part of the loan or loans covered by the disclosure at any 

time without penalty; 

‘‘(12) a description of the options by which the borrower 

may avoid or be removed from default, including any relevant 

fees associated with such options; and 

‘‘(13) additional resources, including nonprofit organizations, advocates, and counselors (including the Student Loan 

Ombudsman of the Department) of which the lender is aware, 

where borrowers may receive advice and assistance on loan repayment. 

‘‘(c) SEPARATE NOTIFICATION.—Each eligible lender shall, at the 

time such lender notifies a borrower of approval of a loan which is 

insured or guaranteed under this part, provide the borrower with a 

separate notification which summarizes, in simple and understandable terms, the rights and responsibilities of the borrower with respect to the loan, including a statement of the consequences of defaulting on the loan and a statement that each borrower who defaults will be reported to a consumer reporting agency. The requirement of this subsection shall be in addition to the information required by subsection (a) of this section. 

‘‘(d) SPECIAL DISCLOSURE RULES ON PLUS LOANS, AND UNSUBSIDIZED LOANS.—Loans made under sections 428B and 428H shall 

not be subject to the disclosure of projected monthly payment 

amounts required under subsection (b)(7) if the lender, in lieu of 

such disclosure, provides the borrower with sample projections of 

monthly repayment amounts, assuming different levels of borrowing 

and interest accruals resulting from capitalization of interest while 

the borrower, or the student on whose behalf the loan is made, is 

in school, in simple and understandable terms. Such sample projections shall disclose the cost to the borrower of—

‘‘(1) capitalizing the interest; and 

‘‘(2) paying the interest as the interest accrues. 

‘‘(e) REQUIRED DISCLOSURES DURING REPAYMENT.—

‘‘(1) PERTINENT INFORMATION ABOUT A LOAN PROVIDED ON

A PERIODIC BASIS.—Each eligible lender shall provide the borrower of a loan made, insured, or guaranteed under this part 

with a bill or statement (as applicable) that corresponds to each 

payment installment time period in which a payment is due 

and that includes, in simple and understandable terms—


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‘‘(A) the original principal amount of the borrower’s 

loan; 

‘‘(B) the borrower’s current balance, as of the time of 

the bill or statement, as applicable; 

‘‘(C) the interest rate on such loan; 

‘‘(D) the total amount the borrower has paid in interest 

on the loan; 

‘‘(E) the aggregate amount the borrower has paid for 

the loan, including the amount the borrower has paid in 

interest, the amount the borrower has paid in fees, and the 

amount the borrower has paid against the balance; 

‘‘(F) a description of each fee the borrower has been 

charged for the most recently preceding installment time 

period; 

‘‘(G) the date by which the borrower needs to make a 

payment in order to avoid additional fees and the amount 

of such payment and the amount of such fees; 

‘‘(H) the lender’s or loan servicer’s address and toll-free 

phone number for payment and billing error purposes; and 

‘‘(I) a reminder that the borrower has the option to 

change repayment plans, a list of the names of the repayment plans available to the borrower, a link to the appropriate page of the Department’s website to obtain a more 

detailed description of the repayment plans, and directions 

for the borrower to request a change in repayment plan. 

‘‘(2) INFORMATION PROVIDED TO A BORROWER HAVING DIFFICULTY MAKING PAYMENTS.—Each eligible lender shall provide 

to a borrower who has notified the lender that the borrower is 

having difficulty making payments on a loan made, insured, or 

guaranteed under this part with the following information in 

simple and understandable terms: 

‘‘(A) A description of the repayment plans available to 

the borrower, including how the borrower should request a 

change in repayment plan. 

‘‘(B) A description of the requirements for obtaining forbearance on a loan, including expected costs associated 

with forbearance. 

‘‘(C) A description of the options available to the borrower to avoid defaulting on the loan, and any relevant fees 

or costs associated with such options. 

‘‘(3) REQUIRED DISCLOSURES DURING DELINQUENCY.—Each 

eligible lender shall provide to a borrower who is 60 days delinquent in making payments on a loan made, insured, or guaranteed under this part with a notice, in simple and understandable terms, of the following: 

‘‘(A) The date on which the loan will default if no payment is made. 

‘‘(B) The minimum payment the borrower must make to 

avoid default. 

‘‘(C) A description of the options available to the borrower to avoid default, and any relevant fees or costs associated with such options, including a description of 

deferment and forbearance and the requirements to obtain 

each. 


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‘‘(D) Discharge options to which the borrower may be 

entitled. 

‘‘(E) Additional resources, including nonprofit organizations, advocates, and counselors (including the Student 

Loan Ombudsman of the Department), of which the lender 

is aware, where the borrower can receive advice and assistance on loan repayment. 

‘‘(f) COST OF DISCLOSURE AND CONSEQUENCES OF NONDISCLOSURE.—

‘‘(1) NO COST TO BORROWERS.—The information required 

under this section shall be available without cost to the borrower. 

‘‘(2) CONSEQUENCES OF NONDISCLOSURE.—The failure of an 

eligible lender to provide information as required by this section 

shall not—

‘‘(A) relieve a borrower of the obligation to repay a loan 

in accordance with the loan’s terms; or 

‘‘(B) provide a basis for a claim for civil damages. 

‘‘(3) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as subjecting the lender to the Truth in Lending 

Act with regard to loans made under this part. 

‘‘(4) ACTIONS BY THE SECRETARY.—The Secretary may limit, 

suspend, or terminate the continued participation of an eligible 

lender in making loans under this part for failure by that lender to comply with this section.’’. 

(b) EFFECTIVE DATES.—

(1) REGULAR DISCLOSURE REQUIREMENTS AND DISCLOSURE

REQUIREMENTS TO BORROWERS HAVING DIFFICULTY MAKING PAYMENTS.—Paragraphs (1) and (2) of section 433(e) of the Higher 

Education Act of 1965, as amended by subsection (a), shall 

apply with respect to loans for which the first payment is due 

on or after July 1, 2009. 

(2) DISCLOSURE REQUIREMENTS FOR BORROWERS WITH DELINQUENT LOANS.—Section 433(e)(3) of the Higher Education 

Act of 1965, as amended by subsection (a), shall apply with respect to loans that become delinquent on or after July 1, 2009. 

SEC. 435. CONSUMER EDUCATION INFORMATION. 

Part B (20 U.S.C. 1071 et seq.) is amended by inserting after 

section 433 (20 U.S.C. 1083) the following: 

‘‘SEC. 433A. CONSUMER EDUCATION INFORMATION. 

‘‘(a) IN GENERAL.—Each guaranty agency participating in a 

program under this part, working with the institutions of higher 

education served by such guaranty agency, shall develop and make 

available high-quality educational programs and materials to provide training for students and families in budgeting and financial 

management, including debt management and other aspects of financial literacy, such as the cost of using high interest loans to pay 

for postsecondary education, particularly as budgeting and financial management relates to student loan programs authorized by 

this title. Such programs and materials shall be in formats that are 

simple and understandable to students and families, and shall be 

provided before, during, and after the students’ enrollment in an institution of higher education. The activities described in this section 


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shall be considered default reduction activities for the purposes of 

section 422. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit— ‘‘(1) a guaranty agency from using existing activities, programs, and materials in meeting the requirements of this section; ‘‘(2) a guaranty agency from providing programs or materials similar to the programs or materials described in subsection (a) to an institution of higher education that provides 

loans exclusively through part D; or ‘‘(3) a lender or loan servicer from providing outreach or financial aid literacy information in accordance with subsection 

(a).’’. 

SEC. 436. DEFINITIONS OF ELIGIBLE INSTITUTION AND ELIGIBLE 

LENDER. 

(a) PARTICIPATION RATE INDEX.— (1) AMENDMENTS.—Section 435(a) (20 U.S.C. 1085(a)) is 

amended—

(A) in paragraph (2)— (i) in subparagraph (A)(ii), by striking ‘‘paragraph 

(4)’’ and inserting ‘‘paragraph (5)’’; and 

(ii) in subparagraph (B)— (I) by striking ‘‘and’’ at the end of clause (ii); 

and 

(II) by striking clause (iii) and inserting the 

following: 

‘‘(iii) 25 percent for fiscal year 1994 through fiscal 

year 2011; and ‘‘(iv) 30 percent for fiscal year 2012 and any succeeding fiscal year.’’; 

(B) by redesignating paragraph (6) as paragraph (8), 

and redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; 

(C) by inserting after paragraph (2) the following new 

paragraph: 

‘‘(3) APPEALS FOR REGULATORY RELIEF.—An institution 

whose cohort default rate, calculated in accordance with subsection (m), is equal to or greater than the threshold percentage 

specified in paragraph (2)(B)(iv) for any two consecutive fiscal 

years may, not later than 30 days after the date the institution 

receives notification from the Secretary, file an appeal demonstrating exceptional mitigating circumstances, as defined in 

paragraph (5). The Secretary shall issue a decision on any such 

appeal not later than 45 days after the date of submission of 

the appeal. If the Secretary determines that the institution demonstrates exceptional mitigating circumstances, the Secretary 

may not subject the institution to provisional certification based 

solely on the institution’s cohort default rate.’’; 

(D) in paragraph (5)(A) (as redesignated by subparagraph (B)), by striking ‘‘For purposes of paragraph 

(2)(A)(ii)’’ and all that follows through ‘‘following criteria:’’

and inserting ‘‘For purposes of this subsection, an institution of higher education shall be treated as having exceptional mitigating circumstances that make application of 


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paragraph (2) inequitable, and that provide for regulatory 

relief under paragraph (3), if such institution, in the opinion of an independent auditor, meets the following criteria:’’; 

(E) by inserting after paragraph (6) (as redesignated by 

subparagraph (B)) the following: 

‘‘(7) DEFAULT PREVENTION AND ASSESSMENT OF ELIGIBILITY

BASED ON HIGH DEFAULT RATES.—

‘‘(A) FIRST YEAR.—

‘‘(i) IN GENERAL.—An institution whose cohort default rate is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) in any fiscal 

year shall establish a default prevention task force to 

prepare a plan to—

‘‘(I) identify the factors causing the institution’s cohort default rate to exceed such threshold; 

‘‘(II) establish measurable objectives and the 

steps to be taken to improve the institution’s cohort 

default rate; and 

‘‘(III) specify actions that the institution can 

take to improve student loan repayment, including 

appropriate counseling regarding loan repayment 

options. 

‘‘(ii) TECHNICAL ASSISTANCE.—Each institution 

subject to this subparagraph shall submit the plan 

under clause (i) to the Secretary, who shall review the 

plan and offer technical assistance to the institution to 

promote improved student loan repayment. 

‘‘(B) SECOND CONSECUTIVE YEAR.—

‘‘(i) IN GENERAL.—An institution whose cohort default rate is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) for two consecutive fiscal years, shall require the institution’s default prevention task force established under subparagraph (A) to review and revise the plan required under 

such subparagraph, and shall submit such revised 

plan to the Secretary. 

‘‘(ii) REVIEW BY THE SECRETARY.—The Secretary 

shall review each revised plan submitted in accordance 

with this subparagraph, and may direct that such plan 

be amended to include actions, with measurable objectives, that the Secretary determines, based on available 

data and analyses of student loan defaults, will promote student loan repayment.’’; and 

(F) in paragraph (8)(A) (as redesignated by subparagraph (B)) by striking ‘‘0.0375’’ and inserting ‘‘0.0625’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1)(F) shall take effect for fiscal years beginning on or after October 1, 2011. 

(b) TYPES OF LENDERS.—Section 435(d)(1)(A)(ii) (20 U.S.C. 

1085(d)(1)(A)(ii)) is amended—

(1) by striking ‘‘part, or (III)’’ and inserting ‘‘part, (III)’’; 

and 


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(2) by inserting before the semicolon at the end the following: ‘‘, or (IV) it is a National or State chartered bank, or 

a credit union, with assets of less than $1,000,000,000’’. (c) DISQUALIFICATION.—Paragraph (5) of section 435(d) (20 

U.S.C. 1085(d)(5)) is amended to read as follows: ‘‘(5) DISQUALIFICATION FOR USE OF CERTAIN INCENTIVES.— The term ‘eligible lender’ does not include any lender that the 

Secretary determines, after notice and opportunity for a hearing, has—

‘‘(A) offered, directly or indirectly, points, premiums, 

payments (including payments for referrals and for processing or finder fees), prizes, stock or other securities, travel, entertainment expenses, tuition payment or reimbursement, the provision of information technology equipment at 

below-market value, additional financial aid funds, or 

other inducements, to any institution of higher education or 

any employee of an institution of higher education in order 

to secure applicants for loans under this part; ‘‘(B) conducted unsolicited mailings, by postal or electronic means, of student loan application forms to students 

enrolled in secondary schools or postsecondary institutions, 

or to family members of such students, except that applications may be mailed, by postal or electronic means, to students or borrowers who have previously received loans 

under this part from such lender; ‘‘(C) entered into any type of consulting arrangement, 

or other contract to provide services to a lender, with an 

employee who is employed in the financial aid office of an 

institution of higher education, or who otherwise has responsibilities with respect to student loans or other financial aid of the institution; ‘‘(D) compensated an employee who is employed in the 

financial aid office of an institution of higher education, or 

who otherwise has responsibilities with respect to student 

loans or other financial aid of the institution, and who is 

serving on an advisory board, commission, or group established by a lender or group of lenders for providing such 

service, except that the eligible lender may reimburse such 

employee for reasonable expenses incurred in providing 

such service; 

‘‘(E) performed for an institution of higher education 

any function that such institution of higher education is required to perform under this title, except that a lender shall 

be permitted to perform functions on behalf of such institution in accordance with section 485(b); 

‘‘(F) paid, on behalf of an institution of higher education, another person to perform any function that such 

institution of higher education is required to perform under 

this title, except that a lender shall be permitted to perform 

functions on behalf of such institution in accordance with 

section 485(b); 

‘‘(G) provided payments or other benefits to a student 

at an institution of higher education to act as the lender’s 

representative to secure applications under this title from 

individual prospective borrowers, unless such student—


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‘‘(i) is also employed by the lender for other purposes; and ‘‘(ii) made all appropriate disclosures regarding 

such employment; 

‘‘(H) offered, directly or indirectly, loans under this 

part as an inducement to a prospective borrower to purchase a policy of insurance or other product; or ‘‘(I) engaged in fraudulent or misleading advertising. 

It shall not be a violation of this paragraph for a lender to provide technical assistance to institutions of higher education 

comparable to the kinds of technical assistance provided to institutions of higher education by the Department.’’. (d) SCHOOL AS LENDER PROGRAM AUDIT.—Section 435(d) (20 

U.S.C. 1085(d)) is further amended by adding at the end the following: ‘‘(8) SCHOOL AS LENDER PROGRAM AUDIT.—Each institution 

serving as an eligible lender under paragraph (1)(E), and each 

eligible lender serving as a trustee for an institution of higher 

education or an organization affiliated with an institution of 

higher education, shall annually complete and submit to the 

Secretary a compliance audit to determine whether— ‘‘(A) the institution or lender is using all proceeds from 

special allowance payments and interest payments from 

borrowers, interest subsidies received from the Department, 

and any proceeds from the sale or other disposition of 

loans, for need-based grant programs, in accordance with 

paragraph (2)(A)(viii); ‘‘(B) the institution or lender is using not more than a 

reasonable portion of the proceeds described in paragraph 

(2)(A)(viii) for direct administrative expenses; and ‘‘(C) the institution or lender is ensuring that the proceeds described in paragraph (2)(A)(viii) are being used to 

supplement, and not to supplant, Federal and non-Federal 

funds that would otherwise be used for need-based grant 

programs.’’. 

(e) COHORT DEFAULT RATES.—

(1) AMENDMENTS.—Section 435(m) (20 U.S.C. 1085(m)) is 

amended—

(A) in paragraph (1)—

(i) in the first sentence of subparagraph (A), by 

striking ‘‘end of the following fiscal year’’ and inserting 

‘‘end of the second fiscal year following the fiscal year 

in which the students entered repayment’’; 

(ii) in subparagraph (B), by striking ‘‘such fiscal 

year’’ and inserting ‘‘such second fiscal year’’; 

(iii) in subparagraph (C), by striking ‘‘end of the 

fiscal year immediately following the year in which 

they entered repayment’’ and inserting ‘‘end of the second fiscal year following the year in which they entered 

repayment’’; 

(B) in paragraph (2)(C)—

(i) by striking ‘‘end of such following fiscal year is 

not considered as in default for the purposes of this 

subsection’’ and inserting ‘‘end of the second fiscal year 

following the year in which the loan entered repayment 


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is not considered as in default for purposes of this subsection’’; and 

(ii) by striking ‘‘such following fiscal year’’ and inserting ‘‘such second fiscal year’’; and 

(C) in paragraph (4)— (i) by amending the paragraph heading to read as 

follows: ‘‘COLLECTION AND REPORTING OF COHORT DE- FAULT RATES AND LIFE OF COHORT DEFAULT RATES.— ’’; and 

(ii) by amending subparagraph (A) to read as follows: ‘‘(A) The Secretary shall publish not less often than once 

every fiscal year a report showing cohort default data and life 

of cohort default rates for each category of institution, including: (i) four-year public institutions; (ii) four-year private nonprofit institutions; (iii) two-year public institutions; (iv) twoyear private nonprofit institutions; (v) four-year proprietary institutions; (vi) two-year proprietary institutions; and (vii) less 

than two-year proprietary institutions. For purposes of this subparagraph, for any fiscal year in which one or more current 

and former students at an institution enter repayment on loans 

under section 428, 428B, or 428H, received for attendance at the 

institution, the Secretary shall publish the percentage of those 

current and former students who enter repayment on such loans 

(or on the portion of a loan made under section 428C that is 

used to repay any such loans) received for attendance at the institution in that fiscal year who default before the end of each 

succeeding fiscal year.’’. 

(2) EFFECTIVE DATE AND TRANSITION.—

(A) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect for purposes of calculating cohort 

default rates for fiscal year 2009 and succeeding fiscal 

years. 

(B) TRANSITION.—Notwithstanding subparagraph (A), 

the method of calculating cohort default rates under section 

435(m) of the Higher Education Act of 1965 as in effect on 

the day before the date of enactment of this Act shall continue in effect, and the rates so calculated shall be the basis 

for any sanctions imposed on institutions of higher education because of their cohort default rates, until three consecutive years of cohort default rates calculated in accordance with the amendments made by paragraph (1) are 

available. 

SEC. 437. DISCHARGE AND CANCELLATION RIGHTS IN CASES OF DISABILITY. 

(a) FFEL AND DIRECT LOANS.—Section 437(a) (20 U.S.C. 

1087(a)) is amended—

(1) by striking ‘‘(a) REPAYMENT IN FULL FOR DEATH AND

DISABILITY.—If a’’ and inserting the following: 

‘‘(a) REPAYMENT IN FULL FOR DEATH AND DISABILITY.—

‘‘(1) IN GENERAL.—If a’’; 

(2) by inserting ‘‘, or if a student borrower who has received 

such a loan is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has 


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lasted for a continuous period of not less than 60 months, or 

can be expected to last for a continuous period of not less than 

60 months’’ after ‘‘of the Secretary),’’; and 

(3) by adding at the end the following: ‘‘The Secretary may 

develop such safeguards as the Secretary determines necessary 

to prevent fraud and abuse in the discharge of liability under 

this subsection. Notwithstanding any other provision of this 

subsection, the Secretary may promulgate regulations to reinstate the obligation of, and resume collection on, loans discharged under this subsection in any case in which—

‘‘(A) a borrower received a discharge of liability under 

this subsection and after the discharge the borrower—

‘‘(i) receives a loan made, insured, or guaranteed 

under this title; or 

‘‘(ii) has earned income in excess of the poverty 

line; or 

‘‘(B) the Secretary determines necessary.’’. 

(b) DISABILITY DETERMINATIONS.—Section 437(a) (20 U.S.C. 

1087(a)) is further amended by adding at the end the following: 

‘‘(2) DISABILITY DETERMINATIONS.—A borrower who has 

been determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected condition and who provides documentation of such determination to the Secretary of 

Education, shall be considered permanently and totally disabled for the purpose of discharging such borrower’s loans 

under this subsection, and such borrower shall not be required 

to present additional documentation for purposes of this subsection.’’. 

(c) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on July 1, 2010. 

SEC. 438. CONFORMING AMENDMENTS FOR REPEAL OF SECTION 439. 

(a) PART B AMENDMENTS.—Part B of title IV (20 U.S.C. 1071 

et seq.) is amended—

(1) in section 422A(d)(1) (20 U.S.C. 1072a(d)(1)), by striking ‘‘437, and 439(q)’’ and inserting ‘‘and 437’’; 

(2) in section 428 (20 U.S.C. 1078)—

(A) in subsection (b)(1)(G)(i), by striking ‘‘or 439(q)’’; 

(B) by striking subsection (h); and 

(C) in subsection (j)(2)—

(i) by inserting ‘‘and’’ at the end of subparagraph 

(C); 

(ii) by striking ‘‘; and’’ at the end of subparagraph 

(D) and inserting a period; and 

(iii) by striking subparagraph (E); and 

(3) in section 435(d)(1)(G) (20 U.S.C. 1085(d)(1)(G)), by 

striking ‘‘428C, and 439(q),’’ and inserting ‘‘and 428C,’’. 

(b) FEDERAL DEPOSIT INSURANCE ACT.—Section 

18(s)(4)(C)(ii)(I) of the Federal Deposit Insurance Act (12 U.S.C. 

1828(s)(4)(C)(ii)(I)) is amended by striking ‘‘as amended’’ and inserting ‘‘as such section existed on the day before the date of the repeal 

of such section’’. 


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PART C—FEDERAL WORK-STUDY PROGRAMS 

SEC. 441. AUTHORIZATION OF APPROPRIATIONS. 

Section 441 (42 U.S.C. 2751) is amended—

(1) in subsection (b), by striking ‘‘$1,000,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting ‘‘such sums as may be necessary for fiscal year 2009 and 

each of the five succeeding fiscal years.’’; and 

(2) in subsection (c)(1), by inserting ‘‘emergency preparedness and response,’’ after ‘‘public safety,’’. 

SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES. 

Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended by 

striking ‘‘$450’’ and inserting ‘‘$600’’. 

SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. 

Section 443 (42 U.S.C. 2753) is amended—

(1) in subsection (b)(2)—

(A) by striking subparagraph (A); and 

(B) by redesignating subparagraphs (B) and (C) as 

subparagraphs (A) and (B), respectively; and 

(2) by adding at the end the following new subsection: 

‘‘(e) CIVIC EDUCATION AND PARTICIPATION ACTIVITIES.—

‘‘(1) USE OF FUNDS.—Funds granted to an institution under 

this section may be used in accordance with such subsection to 

compensate (including compensation for time spent in training 

and travel directly related to civic education and participation 

activities) students employed in projects that—

‘‘(A) teach civics in schools; 

‘‘(B) raise awareness of government functions or resources; or 

‘‘(C) increase civic participation. 

‘‘(2) PRIORITY FOR SCHOOLS.—To the extent practicable, an 

institution shall—

‘‘(A) give priority to the employment of students participating in projects that educate or train the public about 

evacuation, emergency response, and injury prevention 

strategies relating to natural disasters, acts of terrorism, 

and other emergency situations; and 

‘‘(B) ensure that any student compensated with the 

funds described in paragraph (1) receives appropriate 

training to carry out the educational services required. 

‘‘(3) FEDERAL SHARE.—The Federal share of the compensation of work-study students compensated under this subsection 

may exceed 75 percent.’’. 

SEC. 444. FLEXIBLE USE OF FUNDS. 

Section 445 (42 U.S.C. 2755) is amended by adding at the end 

the following new subsection: 

‘‘(d) FLEXIBILITY IN THE EVENT OF A MAJOR DISASTER.—

‘‘(1) IN GENERAL.—In the event of a major disaster, an eligible institution located in any area affected by such major disaster, as determined by the Secretary, may make payments 

under this part to disaster-affected students, for the period of 

time (not to exceed one academic year) in which the disaster-affected students were prevented from fulfilling the students’


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work-study obligations as described in paragraph (2)(A)(iii), as 

follows: 

‘‘(A) Payments may be made under this part to disaster-affected students in an amount equal to or less than 

the amount of wages such students would have been paid 

under this part had the students been able to complete the 

work obligation necessary to receive work study funds. 

‘‘(B) Payments shall not be made to any student who 

was not eligible for work study or was not completing the 

work obligation necessary to receive work study funds 

under this part prior to the occurrence of the major disaster. 

‘‘(C) Any payments made to disaster-affected students 

under this subsection shall meet the matching requirements 

of section 443, unless such matching requirements are 

waived by the Secretary. 

‘‘(2) DEFINITIONS.—In this subsection: 

‘‘(A) The term ‘disaster-affected student’ means a student enrolled at an eligible institution who—

‘‘(i) received a work-study award under this section 

for the academic year during which a major disaster 

occurred; 

‘‘(ii) earned Federal work-study wages from such 

eligible institution for such academic year; 

‘‘(iii) was prevented from fulfilling the student’s 

work-study obligation for all or part of such academic 

year due to such major disaster; and 

‘‘(iv) was unable to be reassigned to another workstudy job. 

‘‘(B) The term ‘major disaster’ has the meaning given 

such term in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5122(2)).’’. 

SEC. 445. JOB LOCATION AND DEVELOPMENT PROGRAMS. 

Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by striking 

‘‘$50,000’’ and inserting ‘‘$75,000’’. 

SEC. 446. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMUNITY SERVICE. 

Section 447 (42 U.S.C. 2756a) is amended—

(1) by striking ‘‘Each institution participating’’ and inserting ‘‘(a) COMMUNITY SERVICE-LEARNING.—Each institution participating’’; and 

(2) by adding at the end the following new subsection: ‘‘(b) OFF-CAMPUS COMMUNITY SERVICE.— ‘‘(1) GRANTS AUTHORIZED.—In addition to funds made 

available under section 443(b)(2)(A), the Secretary is authorized 

to award grants to institutions participating under this part to 

supplement off-campus community service employment. 

‘‘(2) USE OF FUNDS.—An institution shall ensure that funds 

granted to such institution under this subsection are used in accordance with section 443(b)(2)(A) to recruit and compensate 

students (including compensation for time spent in training and 

for travel directly related to such community service). 

‘‘(3) PRIORITY.—In awarding grants under this subsection, 

the Secretary shall give priority to applications that support 


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postsecondary students assisting with early childhood education 

activities and activities in preparation for emergencies and natural disasters. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection such 

sums as may be necessary for fiscal year 2009 and each of the 

five succeeding fiscal years.’’. 

SEC. 447. WORK COLLEGES. 

Section 448 (42 U.S.C. 2756b) is amended—

(1) by striking ‘‘work-learning’’ each place it appears and 

inserting ‘‘work-learning-service’’; 

(2) by striking subsection (e) and inserting the following: 

‘‘(e) DEFINITIONS.—For the purpose of this section—

‘‘(1) the term ‘work college’ means an eligible institution 

that—

‘‘(A) has been a public or private nonprofit, four-year, 

degree-granting institution with a commitment to community service; 

‘‘(B) has operated a comprehensive work-learning-service program for at least two years; 

‘‘(C) requires students, including at least one-half of all 

students who are enrolled on a full-time basis, to participate in a comprehensive work-learning-service program for 

at least five hours each week, or at least 80 hours during 

each period of enrollment, except summer school, unless the 

student is engaged in an institutionally organized or approved study abroad or externship program; and 

‘‘(D) provides students participating in the comprehensive work-learning-service program with the opportunity to 

contribute to their education and to the welfare of the community as a whole; and 

‘‘(2) the term ‘comprehensive student work-learning-service 

program’ means a student work-learning-service program 

that—

‘‘(A) is an integral and stated part of the institution’s 

educational philosophy and program; 

‘‘(B) requires participation of all resident students for 

enrollment and graduation; 

‘‘(C) includes learning objectives, evaluation, and a 

record of work performance as part of the student’s college 

record; 

‘‘(D) provides programmatic leadership by college personnel at levels comparable to traditional academic programs; 

‘‘(E) recognizes the educational role of work-learningservice supervisors; and 

‘‘(F) includes consequences for nonperformance or failure in the work-learning-service program similar to the 

consequences for failure in the regular academic program.’’; 

and 

(3) in subsection (f), by striking ‘‘$5,000,000’’ and all that 

follows through the period and inserting ‘‘such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding 

fiscal years.’’. 


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PART D—FEDERAL DIRECT STUDENT LOAN 

SEC. 451. TERMS AND CONDITIONS OF LOANS. 

(a) INCOME-BASED REPAYMENT.—Section 455(d)(1) (20 U.S.C. 

1087e(d)(1)) is amended— (1) in subparagraph (C), by striking ‘‘and’’ after the semicolon; 

(2) in subparagraph (D), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: ‘‘(E) beginning on July 1, 2009, an income-based repayment plan that enables borrowers who have a partial financial hardship to make a lower monthly payment in accordance with section 493C, except that the plan described in 

this subparagraph shall not be available to the borrower of 

a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the 

proceeds of such loan were used to discharge the liability 

on such Federal Direct PLUS Loan or a loan under section 

428B made on behalf of a dependent student.’’. (b) PUBLIC SERVICE JOB DEFINITION.— (1) IN GENERAL.—Section 455(m)(3)(B) (20 U.S.C. 

1087e(m)(3)(B)) is amended to read as follows: ‘‘(B) PUBLIC SERVICE JOB.—The term ‘public service job’ means—‘‘(i) a full-time job in emergency management, government (excluding time served as a member of Congress), military service, public safety, law enforcement, 

public health (including nurses, nurse practitioners, 

nurses in a clinical setting, and full-time professionals 

engaged in health care practitioner occupations and 

health care support occupations, as such terms are defined by the Bureau of Labor Statistics), public education, social work in a public child or family service 

agency, public interest law services (including prosecution or public defense or legal advocacy on behalf of 

low-income communities at a nonprofit organization), 

early childhood education (including licensed or regulated childcare, Head Start, and State funded prekindergarten), public service for individuals with disabilities, public service for the elderly, public library 

sciences, school-based library sciences and other schoolbased services, or at an organization that is described 

in section 501(c)(3) of the Internal Revenue Code of 

1986 and exempt from taxation under section 501(a) of 

such Code; or ‘‘(ii) teaching as a full-time faculty member at a 

Tribal College or University as defined in section 

316(b) and other faculty teaching in high-needs subject 

areas or areas of shortage (including nurse faculty, foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary.’’. (2) INELIGIBILITY FOR DOUBLE BENEFITS.—Section 455(m) 

(20 U.S.C. 1087e(m)) is further amended by adding at the end 

the following: 


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‘‘(4) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower 

may, for the same service, receive a reduction of loan obligations under both this subsection and section 428J, 428K, 428L, 

or 460.’’. 

(c) IDENTITY FRAUD PROTECTION.—Section 455 (as amended by 

this section) (20 U.S.C. 1087e) is amended by adding at the end the 

following: 

‘‘(n) IDENTITY FRAUD PROTECTION.—The Secretary shall take 

such steps as may be necessary to ensure that monthly Federal Direct Loan statements and other publications of the Department do 

not contain more than four digits of the Social Security number of 

any individual.’’. 

(d) NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEMBERS.—Section 455 (as amended by this section) (20 U.S.C. 1087e) 

is further amended by adding at the end the following: 

‘‘(o) NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE

MEMBERS.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

this part and in accordance with paragraphs (2) and (4), interest shall not accrue for an eligible military borrower on a loan 

made under this part for which the first disbursement is made 

on or after October 1, 2008. 

‘‘(2) CONSOLIDATION LOANS.—In the case of any consolidation loan made under this part that is disbursed on or after October 1, 2008, interest shall not accrue pursuant to this subsection only on such portion of such loan as was used to repay 

a loan made under this part for which the first disbursement 

is made on or after October 1, 2008. 

‘‘(3) ELIGIBLE MILITARY BORROWER.—In this subsection, the 

term ‘eligible military borrower’ means an individual who—

‘‘(A)(i) is serving on active duty during a war or other 

military operation or national emergency; or 

‘‘(ii) is performing qualifying National Guard duty 

during a war or other military operation or national emergency; and 

‘‘(B) is serving in an area of hostilities in which service 

qualifies for special pay under section 310 of title 37, 

United States Code. 

‘‘(4) LIMITATION.—An individual who qualifies as an eligible military borrower under this subsection may receive the benefit of this subsection for not more than 60 months.’’. 

(e) DISCLOSURES.—Section 455 (as amended by this section) (20 

U.S.C. 1087e) is further amended by adding at the end the following: 

‘‘(p) DISCLOSURES.—Each institution of higher education with 

which the Secretary has an agreement under section 453, and each 

contractor with which the Secretary has a contract under section 

456, shall, with respect to loans under this part and in accordance 

with such regulations as the Secretary shall prescribe, comply with 

each of the requirements under section 433 that apply to a lender 

with respect to a loan under part B.’’. 

SEC. 452. FUNDS FOR ADMINISTRATIVE EXPENSES. 

Section 458(a) (20 U.S.C. 1087h(a)) is amended—

(1) in paragraph (2)—


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(A) in the heading of such paragraph, by striking ‘‘2011’’ and inserting ‘‘2014’’; and 

(B) by striking ‘‘2011’’ and inserting ‘‘2014’’; and 

(2) in paragraph (3), by striking ‘‘2011’’ and inserting ‘‘2014’’. 

SEC. 453. GUARANTY AGENCY RESPONSIBILITIES AND PAYMENTS; REPORTS AND COST ESTIMATES. 

Section 459A of the Higher Education Act of 1965 (20 U.S.C. 

1087i–1) is amended— (1) by redesignating subsection (d) as subsection (f); and 

(2) by inserting after subsection (c) the following: ‘‘(d) GUARANTY AGENCY RESPONSIBILITIES AND PAYMENTS.— Notwithstanding any other provision of this Act, beginning on the 

date on which the Secretary purchases a loan under this section— ‘‘(1) the guaranty agency that insured such loan shall cease 

to have any obligations, responsibilities, or rights (including 

rights to any payment) under this Act for any activity related 

to the administration of such loan that is carried out or required to be carried out on or after the date of such purchase; 

and ‘‘(2) the insurance issued by such agency pursuant to section 428(b) for such loan shall cease to be effective with respect 

to any default on such loan that occurs on or after the date of 

such purchase. 

‘‘(e) REPORTS AND COST ESTIMATES.—The Secretary shall prepare, transmit to the authorizing committees, and make available to 

the public, the following: ‘‘(1) QUARTERLY REPORTS.— ‘‘(A) CONTENTS.—Not later than 60 days after the end 

of each quarter during the period beginning July 1, 2008, 

and ending September 30, 2009, a quarterly report on—

‘‘(i) the number of loans the Secretary has agreed 

to purchase, or has purchased, using the authority provided under this section, and the total amount of outstanding principal and accrued interest of such loans, 

during such period; and ‘‘(ii) the number of loans in which the Secretary 

has purchased a participation interest, and the total 

amount of outstanding principal and accrued interest 

of such loans, during such period. 

‘‘(B) DISAGGREGATED INFORMATION.—For each quarterly report, the information described in clauses (i) and (ii) 

of subparagraph (A) shall be disaggregated by lender and, 

for each lender, by category of institution (using the categories described in section 132(d)) and type of loan. 

‘‘(2) ESTIMATES OF PURCHASE PROGRAM COSTS.—Not later 

than February 15, 2010, an estimate of the costs associated 

with the program of purchasing loans described in paragraph 

(1)(A)(i) during the period beginning July 1, 2008, and ending 

September 30, 2009, and an estimate of the costs associated 

with the program of purchasing a participation interest in 

loans described in paragraph (1)(A)(ii) during such period. 

Each such estimate shall— ‘‘(A) contain the same level of detail, and be reported 

in a similar manner, as the budget estimates provided for 


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the loan program under part B and the direct student loan 

program under this part in the President’s annual budget 

submission to Congress, except that current and future administrative costs shall also be reported; 

‘‘(B) include an estimate of the gross and net outlays 

that have been, or will be, incurred by the Federal Government (including subsidy and administrative costs, and any 

payments made by the Department to lenders, trusts, or 

other entities related to such activities) in purchasing such 

loans or purchasing a participation interest in such loans 

during such period (as applicable); and 

‘‘(C) include a comparison of—

‘‘(i) the average amount of the gross and net outlays (including costs and payments) described in subparagraph (B) for each $100 of loans purchased or for 

which a participation interest was purchased (as applicable) during such period, disaggregated by type of 

loan; with 

‘‘(ii) the average amount of such gross and net outlays (including costs and payments) to the Federal 

Government for each $100 of comparable loans made 

under this part and part B during such period, 

disaggregated by part and by type of loan. 

‘‘(3) ANNUAL COST ESTIMATES.—Not later than February 15 

of the fiscal year following each of the fiscal years 2008, 2009, 

and 2010, an annual estimate of the costs associated with the 

program of purchasing loans described in paragraph (1)(A)(i), 

and an annual estimate of the costs associated with the program of purchasing a participation interest in loans described 

in paragraph (1)(A)(ii), that includes the information described 

in paragraph (2) for such fiscal year.’’. 

SEC. 454. LOAN CANCELLATION FOR TEACHERS. 

(a) IN GENERAL.—Section 460 (20 U.S.C. 1087j) is amended—

(1) in subsection (b)(1)(A)(i)—

(A) by inserting ‘‘or location’’ after ‘‘a school’’; and 

(B) by inserting ‘‘or locations’’ after ‘‘schools’’; and 

(2) in subsection (c)(3)(B)(iii), by inserting ‘‘or, in the case 

of a teacher who is employed by an educational service agency, 

as certified by the chief administrative officer of such agency,’’

after ‘‘borrower is employed,’’. 

(b) PREVENTION OF DOUBLE BENEFITS.—Section 460(g)(2) (20 

U.S.C. 1087j(g)(2)) is amended to read as follows: 

‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No borrower may, 

for the same voluntary service, receive a benefit under both this 

section and—

‘‘(A) section 428J; 

‘‘(B) section 428K; 

‘‘(C) section 455(m); or 

‘‘(D) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.).’’. 

(c) TECHNICAL AMENDMENTS.—Section 460(b) (as amended by 

subsection (a)(1)) (20 U.S.C. 1087j(b)) is further amended—

(1) by striking paragraph (2); 


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(2) by striking ‘‘PROGRAM AUTHORIZED.—’’ and all that follows through ‘‘The Secretary shall’’ and inserting ‘‘PROGRAM

AUTHORIZED.—The Secretary shall’’; 

(3) by redesignating subparagraph (B) as paragraph (2), 

and adjusting the margin accordingly; and 

(4) by redesignating subparagraph (A) as paragraph (1), by 

redesignating clauses (i) and (ii) of such paragraph (as so redesignated) as subparagraphs (A) and (B), respectively, and by 

adjusting the margins accordingly. 

(d) CONFORMING AMENDMENTS.—Section 460 (20 U.S.C. 1087j) 

is further amended— (1) in subsection (c)(1), by striking ‘‘(b)(1)(A)’’ and inserting ‘‘(b)(1)’’; 

(2) in subsection (c)(3)— (A) in subparagraph (A)(i), by striking ‘‘(b)(1)’’ and inserting ‘‘(b)’’; and 

(B) in subparagraph (B)(i), by striking ‘‘(b)(1)’’ and inserting ‘‘(b)’’; and 

(3) in subsection (g)(3), by striking ‘‘(b)(1)(A)(ii)’’ and inserting ‘‘(b)(1)(B)’’. 

PART E—FEDERAL PERKINS LOANS 

SEC. 461. EXTENSION OF AUTHORITY. 

Section 461(b) (20 U.S.C. 1087aa(b)) is amended— (1) in paragraph (1), by striking ‘‘$250,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting ‘‘$300,000,000 for fiscal year 2009 and for each of the five 

succeeding fiscal years.’’; and 

(2) in paragraph (2), by striking ‘‘2003’’ each place it appears and inserting ‘‘2015’’. 

SEC. 462. ALLOWANCE FOR BOOKS AND SUPPLIES. 

Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended by 

striking ‘‘$450’’ and inserting ‘‘$600’’. 

SEC. 463. AGREEMENTS WITH INSTITUTIONS. 

(a) TRANSFERS FOR COLLECTION.—Section 463(a)(4)(B) (20 

U.S.C. 1087cc(a)(4)(B)) is amended to read as follows: ‘‘(B) if the institution is not one described in subparagraph (A), the Secretary may allow such institution to refer 

such note or agreement to the Secretary, without recompense, except that, once every six months, any sums collected on such a loan (less an amount not to exceed 30 percent of any such sums collected to cover the Secretary’s collection costs) shall be repaid to such institution and treated 

as an additional capital contribution under section 462;’’. (b) REVISE AUTHORITY TO PRESCRIBE ADDITIONAL FISCAL CON- TROLS.—Section 463(a)(9) (20 U.S.C. 1087cc(a)(9)) is amended by 

inserting ‘‘, except that nothing in this paragraph shall be construed 

to permit the Secretary to require the assignment of loans to the Secretary other than as is provided for in paragraphs (4) and (5)’’ before the period. 

SEC. 464. PERKINS LOAN TERMS AND CONDITIONS. 

(a) LOAN LIMITS.—Section 464(a) (20 U.S.C. 1087dd(a)) is 

amended—


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(1) in paragraph (2)(A)—

(A) by striking ‘‘$4,000’’ in clause (i) and inserting 

‘‘$5,500’’; and 

(B) by striking ‘‘$6,000’’ in clause (ii) and inserting 

‘‘$8,000’’; and 

(2) in paragraph (2)(B)—

(A) by striking ‘‘$40,000’’ in clause (i) and inserting 

‘‘$60,000’’; 

(B) by striking ‘‘$20,000’’ in clause (ii) and inserting 

‘‘$27,500’’; and 

(C) by striking ‘‘$8,000’’ in clause (iii) and inserting 

‘‘$11,000’’. 

(b) DISCHARGE AND CANCELLATION RIGHTS IN CASES OF DISABILITY.—

(1) AMENDMENT.—Section 464 (20 U.S.C. 1087dd(c)) is further amended—

(A) in subsection (c)(1)(F), by striking ‘‘canceled upon 

the death’’ and all that follows through the semicolon and 

inserting ‘‘cancelled—

‘‘(i) upon the death of the borrower; 

‘‘(ii) if the borrower becomes permanently and totally disabled as determined in accordance with regulations of the Secretary; 

‘‘(iii) if the borrower is unable to engage in any 

substantial gainful activity by reason of any medically 

determinable physical or mental impairment that can 

be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 

60 months; or 

‘‘(iv) if the borrower is determined by the Secretary 

of Veterans Affairs to be unemployable due to a serviceconnected disability;’’; and 

(B) by adding at the end the following: 

‘‘(k) The Secretary may develop such additional safeguards as 

the Secretary determines necessary to prevent fraud and abuse in 

the cancellation of liability under subsection (c)(1)(F). Notwithstanding subsection (c)(1)(F), the Secretary may promulgate regulations to resume collection on loans cancelled under subsection 

(c)(1)(F) in any case in which—

‘‘(1) a borrower received a cancellation of liability under 

subsection (c)(1)(F) and after the cancellation the borrower—

‘‘(A) receives a loan made, insured, or guaranteed 

under this title; or 

‘‘(B) has earned income in excess of the poverty line; or 

‘‘(2) the Secretary determines necessary.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on July 1, 2008. 

(c) FORBEARANCE.—Section 464 (20 U.S.C. 1087dd) is further 

amended—

(1) in subsection (e)—

(A) in the matter preceding paragraph (1), by striking 

‘‘, upon written request,’’ and inserting ‘‘, as documented in 

accordance with paragraph (2),’’; 


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(B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; 

(C) by inserting ‘‘(1)’’ after ‘‘FORBEARANCE.—’’; and 

(D) by adding at the end the following: 

‘‘(2) For the purpose of paragraph (1), the terms of forbearance 

agreed to by the parties shall be documented by—

‘‘(A) confirming the agreement of the borrower by notice to 

the borrower from the institution of higher education; and 

‘‘(B) recording the terms in the borrower’s file.’’; 

(2) in subsection (h)(1)(A), by striking ‘‘12 ontime’’ and inserting ‘‘9 on-time’’; and 

(3) in subsection (j)(2), by striking ‘‘(e)(3)’’ and inserting 

‘‘(e)(1)(C)’’. 

SEC. 465. CANCELLATION FOR PUBLIC SERVICE. 

Section 465(a) (20 U.S.C. 1087ee(a)) is amended—

(1) in paragraph (2)—

(A) by striking subparagraph (A) and inserting the following: 

‘‘(A) as a full-time teacher for service in an academic year 

(including such a teacher employed by an educational service 

agency)—

‘‘(i) in a public or other nonprofit private elementary 

school or secondary school, which, for the purpose of this 

paragraph and for that year—

‘‘(I) has been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in 

which the school is located) to be a school in which the 

number of children meeting a measure of poverty under 

section 1113(a)(5) of the Elementary and Secondary 

Education Act of 1965, exceeds 30 percent of the total 

number of children enrolled in such school; and 

‘‘(II) is in the school district of a local educational 

agency which is eligible in such year for assistance 

pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; or 

‘‘(ii) in one or more public, or nonprofit private, elementary schools or secondary schools or locations operated by 

an educational service agency that have been determined by 

the Secretary (pursuant to regulations of the Secretary and 

after consultation with the State educational agency of the 

State in which the educational service agency operates) to 

be a school or location at which the number of children 

taught who meet a measure of poverty under section 

1113(a)(5) of the Elementary and Secondary Education Act 

of 1965, exceeds 30 percent of the total number of children 

taught at such school or location;’’; 

(B) in subparagraph (B), by striking ‘‘Head Start Act 

which’’ and inserting ‘‘Head Start Act, or in a prekindergarten or child care program that is licensed or regulated 

by the State, that’’; 

(C) in subparagraph (C), by inserting ‘‘, including a 

system administered by an educational service agency’’

after ‘‘secondary school system’’; 


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(D) by striking subparagraph (F) and inserting the following: 

‘‘(F) as a full-time law enforcement officer or corrections officer for service to local, State, or Federal law enforcement or 

corrections agencies, or as a full-time attorney employed in a 

defender organization established in accordance with section 

3006A(g)(2) of title 18, United States Code;’’; 

(E) in subparagraph (H), by striking ‘‘or’’ after the 

semicolon; 

(F) in subparagraph (I), by striking the period and inserting a semicolon; and 

(G) by inserting before the matter following subparagraph (I) the following: 

‘‘(J) as a full-time fire fighter for service to a local, State, 

or Federal fire department or fire district; 

‘‘(K) as a full-time faculty member at a Tribal College or 

University, as that term is defined in section 316; 

‘‘(L) as a librarian, if the librarian has a master’s degree 

in library science and is employed in—

‘‘(i) an elementary school or secondary school that is eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965; or 

‘‘(ii) a public library that serves a geographic area that 

contains one or more schools eligible for assistance under 

part A of title I of the Elementary and Secondary Education Act of 1965; or 

‘‘(M) as a full-time speech language pathologist, if the pathologist has a masters degree and is working exclusively with 

schools that are eligible for assistance under title I of the Elementary and Secondary Education Act of 1965.’’; and 

(2) in paragraph (3)(A)—

(A) in clause (i)—

(i) by inserting ‘‘(D),’’ after ‘‘(C),’’; and 

(ii) by striking ‘‘or (I)’’ and inserting ‘‘(I), (J), (K), 

(L), or (M)’’; 

(B) in clause (ii), by inserting ‘‘or’’ after the semicolon; 

(C) by striking clause (iii); and 

(D) by redesignating clause (iv) as clause (iii). 

SEC. 466. SENSE OF CONGRESS REGARDING FEDERAL PERKINS LOANS. 

It is the sense of Congress that the Federal Perkins Loan Program, which provides low-interest loans to help needy students finance the costs of postsecondary education, is an important part of 

Federal student aid, and should remain a campus-based aid program at colleges and universities. 

PART F—NEED ANALYSIS 

SEC. 471. COST OF ATTENDANCE. 

(a) AMENDMENTS.—Section 472(3) (20 U.S.C. 1087ll(3)) is 

amended—

(1) in subparagraph (B), by striking ‘‘and’’ after the semicolon; 

(2) by redesignating subparagraph (C) as subparagraph 

(D); and 


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(3) by inserting after subparagraph (B), as amended by 

paragraph (1), the following: 

‘‘(C) for students who live in housing located on a military base or for which a basic allowance is provided under 

section 403(b) of title 37, United States Code, shall be an 

allowance based on the expenses reasonably incurred by 

such students for board but not for room; and’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on July 1, 2010. 

SEC. 472. DISCRETION TO MAKE ADJUSTMENTS. 

(a) AMENDMENTS.—Section 479A(a) (as amended by Public Law 

110–84) (20 U.S.C. 1087tt(a)) is amended—

(1) by striking ‘‘medical or dental expenses’’ and inserting 

‘‘medical, dental, or nursing home expenses’’; 

(2) by inserting ‘‘or dependent care’’ after ‘‘child care’’; 

(3) by inserting ‘‘student or’’ before ‘‘family member who is 

a dislocated worker’’; and 

(4) by striking the second to last sentence and inserting the 

following: ‘‘In addition, nothing in this title shall be interpreted 

as limiting the authority of the student financial aid administrator in such cases (1) to request and use supplementary information about the financial status or personal circumstances of 

eligible applicants in selecting recipients and determining the 

amount of awards under this title, or (2) to offer a dependent 

student financial assistance under section 428H or a Federal 

Direct Unsubsidized Stafford Loan without requiring the parents of such student to file the financial aid form prescribed 

under section 483 if the student financial aid administrator 

verifies that the parent or parents of such student have ended 

financial support of such student and refuse to file such form.’’. 

(b) EFFECTIVE DATE AMENDMENT TO THE COLLEGE COST REDUCTION AND ACCESS ACT.—Section 603(b) of the College Cost Reduction and Access Act (Public Law 110–84) is amended by striking 

‘‘July 1, 2009’’ and inserting ‘‘the date of enactment of the Higher 

Education Opportunity Act’’. 

SEC. 473. DEFINITIONS. 

(a) TOTAL INCOME.—Section 480(a) (as amended by Public Law 

110–84) (20 U.S.C. 1087vv(a)) is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

(B) by inserting ‘‘subparagraph (B) and’’ after ‘‘provided in’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(B) Notwithstanding section 478(a), the Secretary may provide 

for the use of data from the second preceding tax year when and to 

the extent necessary to carry out the simplification of applications 

(including simplification for a subset of applications) used for the 

estimation and determination of financial aid eligibility. Such simplification may include the sharing of data between the Internal 

Revenue Service and the Department, pursuant to the consent of the 

taxpayer.’’; and 


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(2) in paragraph (2), by inserting ‘‘no portion of veterans’ education benefits received by an individual,’’ after ‘‘any program by an individual,’’. (b) UNTAXED INCOME AND BENEFITS.—Section 480(b)(1)(E) (as 

amended by Public Law 110–84) (20 U.S.C. 1087vv(b)(1)(E)) is 

amended by inserting ‘‘, except that the value of on-base military 

housing or the value of basic allowance for housing determined 

under section 403(b) of title 37, United States Code, received by the 

parents, in the case of a dependent student, or the student or student’s spouse, in the case of an independent student, shall be excluded’’ before the semicolon. 

(c) INDEPENDENT STUDENT.—Section 480(d)(1) (as amended by 

Public Law 110–84) (20 U.S.C. 1087vv(d)(1)) is amended— (1) by striking subparagraph (B) and inserting the following: ‘‘(B) is an orphan, in foster care, or a ward of the court, 

or was an orphan, in foster care, or a ward of the court at 

any time when the individual was 13 years of age or 

older;’’; and 

(2) by striking subparagraph (C) and inserting the following: ‘‘(C) is, or was immediately prior to attaining the age 

of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in 

the individual’s State of legal residence;’’. (d) TREATMENT OF COOPERATIVE EDUCATION WORK INCOME.— Section 480(e) (as amended by Public Law 110–84) (20 U.S.C. 

1087vv(e)) is amended— (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and 

(2) by inserting after paragraph (1) the following new paragraph: ‘‘(2) any income earned from work under a cooperative education program offered by an institution of higher education;’’. (e) OTHER FINANCIAL ASSISTANCE.—Section 480(j)(1) (20 U.S.C. 

1087vv(j)(1)) is amended— (1) by striking ‘‘veterans’ education benefits as defined in 

subsection (c), and’’; and 

(2) by inserting before the period at the end the following: ‘‘, but excluding veterans’ education benefits as defined in subsection (c)’’. (f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on July 1, 2010. 

PART G—GENERAL PROVISIONS RELATING TO 

STUDENT ASSISTANCE 

SEC. 481. DEFINITIONS. 

Section 481 (20 U.S.C. 1088) is amended— (1) in subsection (a)(2)(B), by inserting ‘‘and that measures 

program length in credit hours or clock hours’’ after ‘‘baccalaureate degree’’; and 

(2) by adding at the end the following: 

‘‘(e) CONSUMER REPORTING AGENCY.—For purposes of this title, 

the term ‘consumer reporting agency’ has the meaning given the 


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term ‘consumer reporting agency that compiles and maintains files 

on consumers on a nationwide basis’ in Section 603(p) of the Fair 

Credit Reporting Act (15 U.S.C. 1681a(p)). 

‘‘(f) DEFINITION OF EDUCATIONAL SERVICE AGENCY.—For purposes of parts B, D, and E, the term ‘educational service agency’ has 

the meaning given the term in section 9101 of the Elementary and 

Secondary Education Act of 1965.’’. 

SEC. 482. MASTER CALENDAR. 

(a) AMENDMENT.—Section 482 (20 U.S.C. 1089) is amended—

(1) in subsection (a)(1), by striking subparagraphs (B) and 

(C) and inserting the following: 

‘‘(B) by March 1: proposed modifications, updates, and 

notices pursuant to sections 478 and 483(a)(5) published in 

the Federal Register; 

‘‘(C) by June 1: final modifications, updates, and notices pursuant to sections 478 and 483(a)(5) published in 

the Federal Register;’’; and 

(2) by adding at the end the following: 

‘‘(e) COMPLIANCE CALENDAR.—Prior to the beginning of each 

award year, the Secretary shall provide to institutions of higher 

education a list of all the reports and disclosures required under 

this Act. The list shall include—

‘‘(1) the date each report or disclosure is required to be completed and to be submitted, made available, or disseminated; 

‘‘(2) the required recipients of each report or disclosure; 

‘‘(3) any required method for transmittal or dissemination 

of each report or disclosure; 

‘‘(4) a description of the content of each report or disclosure 

sufficient to allow the institution to identify the appropriate individuals to be assigned the responsibility for such report or 

disclosure; 

‘‘(5) references to the statutory authority, applicable regulations, and current guidance issued by the Secretary regarding 

each report or disclosure; and 

‘‘(6) any other information which is pertinent to the content 

or distribution of the report or disclosure.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection 

(a)(1) shall take effect on July 1, 2010. 

SEC. 483. IMPROVEMENTS TO PAPER AND ELECTRONIC FORMS AND 

PROCESSES. 

(a) COMMON FINANCIAL AID FORM DEVELOPMENT AND PROCESSING.—Section 483 (20 U.S.C. 1090) is amended—

(1) in subsection (a), by striking paragraphs (1) through (7) 

and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary, in cooperation with representatives of agencies and organizations involved in student 

financial assistance, shall produce, distribute, and process free 

of charge common financial reporting forms as described in this 

subsection to be used for application and reapplication to determine the need and eligibility of a student for financial assistance under parts A through E (other than subpart 4 of part A). 

The forms shall be made available to applicants in both paper 

and electronic formats and shall be referred to as the ‘Free Application for Federal Student Aid’ or the ‘FAFSA’. The SecVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00203 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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retary shall work to make the FAFSA consumer-friendly and to 

make questions on the FAFSA easy for students and families to 

read and understand, and shall ensure that the FAFSA is 

available in formats accessible to individuals with disabilities. 

‘‘(2) PAPER FORMAT.—

‘‘(A) IN GENERAL.—The Secretary shall develop, make 

available, and process—

‘‘(i) a paper version of EZ FAFSA, as described in 

subparagraph (B); and 

‘‘(ii) a paper version of the other forms described in 

this subsection, in accordance with subparagraph (C), 

for any applicant who does not meet the requirements 

of or does not wish to use the process described in subparagraph (B). 

‘‘(B) EZ FAFSA.—

‘‘(i) IN GENERAL.—The Secretary shall develop and 

use, after appropriate field testing, a simplified paper 

form, to be known as the EZ FAFSA, to be used for applicants meeting the requirements of subsection (b) or 

(c) of section 479. 

‘‘(ii) REDUCED DATA REQUIREMENTS.—The EZ 

FAFSA shall permit an applicant to submit, for financial assistance purposes, only the data elements required to make a determination of whether the applicant meets the requirements under subsection (b) or (c) 

of section 479. 

‘‘(iii) STATE DATA.—The Secretary shall include on 

the EZ FAFSA such data items as may be necessary to 

award State financial assistance, as provided under 

paragraph (5), except that the Secretary shall not include a State’s data if that State does not permit the 

State’s resident applicants to use the EZ FAFSA for 

State assistance. 

‘‘(iv) FREE AVAILABILITY AND PROCESSING.—The 

provisions of paragraph (6) shall apply to the EZ 

FAFSA, and the data collected by means of the EZ 

FAFSA shall be available to institutions of higher education, guaranty agencies, and States in accordance 

with paragraph (10). 

‘‘(C) PROMOTING THE USE OF ELECTRONIC FAFSA.—

‘‘(i) IN GENERAL.—The Secretary shall make all efforts to encourage all applicants to utilize the electronic 

version of the forms described in paragraph (3). 

‘‘(ii) MAINTENANCE OF THE FAFSA IN A PRINTABLE

ELECTRONIC FILE.—The Secretary shall maintain a 

version of the paper forms described in subparagraphs 

(A) and (B) in a printable electronic file that is easily 

portable, accessible, and downloadable to students on 

the same website used to provide students with the 

electronic version of the forms described in paragraph 

(3). 

‘‘(iii) REQUESTS FOR PRINTED COPY.—The Secretary 

shall provide a printed copy of the full paper version 

of FAFSA upon request. 


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‘‘(iv) REPORTING REQUIREMENT.—The Secretary 

shall maintain data, and periodically report to Congress, on the impact of the digital divide on students 

completing applications for aid under this title. The 

Secretary shall report on the steps taken to eliminate 

the digital divide and reduce production of the paper 

form described in subparagraph (A). The Secretary’s 

report shall specifically address the impact of the digital divide on the following student populations: ‘‘(I) Independent students. 

‘‘(II) Traditionally underrepresented students. 

‘‘(III) Dependent students. ‘‘(3) ELECTRONIC FORMAT.—

‘‘(A) IN GENERAL.—The Secretary shall produce, distribute, and process forms in electronic format to meet the 

requirements of paragraph (1). The Secretary shall develop 

an electronic version of the forms for applicants who do not 

meet the requirements of subsection (b) or (c) of section 479. 

‘‘(B) SIMPLIFIED APPLICATIONS: FAFSA ON THE WEB.—

‘‘(i) IN GENERAL.—The Secretary shall develop and 

use a simplified electronic version of the form to be 

used by applicants meeting the requirements under 

subsection (b) or (c) of section 479. 

‘‘(ii) REDUCED DATA REQUIREMENTS.—The simplified electronic version of the forms shall permit an 

applicant to submit, for financial assistance purposes, 

only the data elements required to make a determination of whether the applicant meets the requirements 

under subsection (b) or (c) of section 479. ‘‘(iii) USE OF FORMS.—Nothing in this subsection 

shall be construed to prohibit the use of the forms developed by the Secretary pursuant to this paragraph by 

an eligible institution, eligible lender, guaranty agency, 

State grant agency, private computer software provider, 

a consortium thereof, or such other entities as the Secretary may designate. 

‘‘(C) STATE DATA.—The Secretary shall include on the 

electronic version of the forms such items as may be necessary to determine eligibility for State financial assistance, 

as provided under paragraph (5), except the Secretary shall 

not require an applicant to enter data pursuant to this subparagraph that are required by any State other than the 

applicant’s State of residence. ‘‘(D) AVAILABILITY AND PROCESSING.—The data collected by means of the simplified electronic version of the 

forms shall be available to institutions of higher education, 

guaranty agencies, and States in accordance with paragraph (10). 

‘‘(E) PRIVACY.—The Secretary shall ensure that data 

collection under this paragraph complies with section 552a 

of title 5, United States Code, and that any entity using the 

electronic version of the forms developed by the Secretary 

pursuant to this paragraph shall maintain reasonable and 

appropriate administrative, technical, and physical safeguards to ensure the integrity and confidentiality of the inVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00205 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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formation, and to protect against security threats, or unauthorized uses or disclosures of the information provided on 

the electronic version of the forms. Data collected by such 

electronic version of the forms shall be used only for the application, award, and administration of aid awarded under 

this title, State aid, or aid awarded by eligible institutions 

or such entities as the Secretary may designate. No data 

collected by such electronic version of the forms shall be 

used for making final aid awards under this title until 

such data have been processed by the Secretary or a contractor or designee of the Secretary, except as may be permitted under this title. ‘‘(F) SIGNATURE.—Notwithstanding any other provision 

of this Act, the Secretary may continue to permit an electronic version of the form under this paragraph to be submitted without a signature, if a signature is subsequently 

submitted by the applicant or if the applicant uses a personal identification number provided by the Secretary 

under subparagraph (G). 

‘‘(G) PERSONAL IDENTIFICATION NUMBERS AUTHOR- IZED.—The Secretary may continue to assign to an applicant a personal identification number— ‘‘(i) to enable the applicant to use such number as 

a signature for purposes of completing an electronic 

version of a form developed under this paragraph; and ‘‘(ii) for any purpose determined by the Secretary to 

enable the Secretary to carry out this title. 

‘‘(H) PERSONAL IDENTIFICATION NUMBER IMPROVEMENT.—The Secretary shall continue to work with the Commissioner of Social Security to minimize the time required 

for an applicant to obtain a personal identification number 

when applying for aid under this title through an electronic 

version of a form developed under this paragraph. 

‘‘(4) STREAMLINING.—

‘‘(A) STREAMLINED REAPPLICATION PROCESS.— ‘‘(i) IN GENERAL.—The Secretary shall continue to 

streamline reapplication forms and processes for an applicant who applies for financial assistance under this 

title in the next succeeding academic year subsequent 

to an academic year for which such applicant applied 

for financial assistance under this title. ‘‘(ii) UPDATING OF DATA ELEMENTS.—The Secretary 

shall determine, in cooperation with States, institutions of higher education, agencies, and organizations 

involved in student financial assistance, the data elements that may be transferred from the previous academic year’s application and those data elements that 

shall be updated. 

‘‘(iii) REDUCED DATA AUTHORIZED.—Nothing in 

this title shall be construed as limiting the authority of 

the Secretary to reduce the number of data elements required of reapplicants. ‘‘(iv) ZERO FAMILY CONTRIBUTION.—Applicants determined to have a zero family contribution pursuant 

to section 479(c) shall not be required to provide any 


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financial data in a reapplication form, except data that 

are necessary to determine eligibility under such section. 

‘‘(B) REDUCTION OF DATA ELEMENTS.— ‘‘(i) REDUCTION ENCOURAGED.—Of the number of 

data elements on the FAFSA used for the 2009–2010 

award year, the Secretary, in cooperation with representatives of agencies and organizations involved in 

student financial assistance and consistent with efforts 

under subsection (c), shall continue to reduce the number of such data elements required to be entered by all 

applicants, with the goal of reducing such number by 

50 percent. ‘‘(ii) REPORT.—The Secretary shall submit a report 

on the process of this reduction to each of the authorizing committees by June 30, 2011. 

‘‘(5) STATE REQUIREMENTS.—

‘‘(A) IN GENERAL.—Except as provided in paragraphs 

(2)(B)(iii), (3)(B), and (4)(A)(ii), the Secretary shall include 

on the forms developed under this subsection, such Statespecific data items as the Secretary determines are necessary to meet State requirements for need-based State aid. 

Such items shall be selected in consultation with State 

agencies in order to assist in the awarding of State financial assistance in accordance with the terms of this subsection. The number of such data items shall not be less 

than the number included on the form for the 2008–2009 

award year unless a State notifies the Secretary that the 

State no longer requires those data items for the distribution of State need-based aid. ‘‘(B) ANNUAL REVIEW.—The Secretary shall conduct an 

annual review to determine— ‘‘(i) which data items each State requires to award 

need-based State aid; and 

‘‘(ii) if the State will permit an applicant to file a 

form described in paragraph (2)(B) or (3)(B). 

‘‘(C) FEDERAL REGISTER NOTICE.—Beginning with the 

forms developed under paragraphs (2)(B) and (3)(B) for the 

award year 2010–2011, the Secretary shall publish on an 

annual basis a notice in the Federal Register requiring 

State agencies to inform the Secretary— ‘‘(i) if the State agency is unable to permit applicants to utilize the simplified forms described in paragraphs (2)(B) and (3)(B); and ‘‘(ii) of the State-specific nonfinancial data that the 

State agency requires for delivery of State need-based 

financial aid. 

‘‘(D) USE OF SIMPLIFIED FORMS ENCOURAGED.—The 

Secretary shall encourage States to take such steps as are 

necessary to encourage the use of simplified forms under 

this subsection, including those forms described in paragraphs (2)(B) and (3)(B), for applicants who meet the requirements of subsection (b) or (c) of section 479. 

‘‘(E) CONSEQUENCES IF STATE DOES NOT ACCEPT SIMPLIFIED FORMS.—If a State does not permit an applicant to 


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file a form described in paragraph (2)(B) or (3)(B) for purposes of determining eligibility for State need-based financial aid, the Secretary may determine that State-specific 

questions for such State will not be included on a form described in paragraph (2)(B) or (3)(B). If the Secretary 

makes such determination, the Secretary shall advise the 

State of the Secretary’s determination. ‘‘(F) LACK OF STATE RESPONSE TO REQUEST FOR INFOR- MATION.—If a State does not respond to the Secretary’s request for information under subparagraph (B), the Secretary shall— ‘‘(i) permit residents of that State to complete simplified forms under paragraphs (2)(B) and (3)(B); and ‘‘(ii) not require any resident of such State to complete any data items previously required by that State 

under this section. 

‘‘(G) RESTRICTION.—The Secretary shall, to the extent 

practicable, not require applicants to complete any financial or nonfinancial data items that are not required—

‘‘(i) by the applicant’s State; or 

‘‘(ii) by the Secretary. 

‘‘(6) CHARGES TO STUDENTS AND PARENTS FOR USE OF

FORMS PROHIBITED.—The need and eligibility of a student for 

financial assistance under parts A through E (other than under 

subpart 4 of part A) may be determined only by using a form 

developed by the Secretary under this subsection. Such forms 

shall be produced, distributed, and processed by the Secretary, 

and no parent or student shall be charged a fee by the Secretary, a contractor, a third-party servicer or private software 

provider, or any other public or private entity for the collection, 

processing, or delivery of financial aid through the use of such 

forms. No data collected on a form for which a fee is charged 

shall be used to complete the form prescribed under this section, 

except that a Federal or State income tax form prepared by a 

paid income tax preparer or preparer service for the primary 

purpose of filing a Federal or State income tax return may be 

used to complete the form prescribed under this section. 

‘‘(7) RESTRICTIONS ON USE OF PIN.—No person, commercial 

entity, or other entity may request, obtain, or utilize an applicant’s personal identification number assigned under paragraph (3)(G) for purposes of submitting a form developed under 

this subsection on an applicant’s behalf. ‘‘(8) APPLICATION PROCESSING CYCLE.—The Secretary shall 

enable students to submit forms developed under this subsection 

and initiate the processing of such forms under this subsection, 

as early as practicable prior to January 1 of the student’s 

planned year of enrollment. 

‘‘(9) EARLY ESTIMATES.—The Secretary shall continue to—

‘‘(A) permit applicants to enter data in such forms as 

described in this subsection in the years prior to enrollment 

in order to obtain a non-binding estimate of the applicant’s 

family contribution (as defined in section 473); 

‘‘(B) permit applicants to update information submitted 

on forms described in this subsection, without needing to 

re-enter previously submitted information; 


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‘‘(C) develop a means to inform applicants, in the years 

prior to enrollment, of student aid options for individuals 

in similar financial situations; ‘‘(D) develop a means to provide a clear and conspicuous notice that the applicant’s expected family contribution is subject to change and may not reflect the final 

expected family contribution used to determine Federal student financial aid award amounts under this title; and ‘‘(E) consult with representatives of States, institutions 

of higher education, and other individuals with experience 

or expertise in student financial assistance application 

processes in making updates to forms used to provide early 

estimates under this paragraph. 

‘‘(10) DISTRIBUTION OF DATA.—Institutions of higher education, guaranty agencies, and States shall receive, without 

charge, the data collected by the Secretary using a form developed under this subsection for the purposes of processing loan 

applications and determining need and eligibility for institutional and State financial aid awards. Entities designated by 

institutions of higher education, guaranty agencies, or States to 

receive such data shall be subject to all the requirements of this 

section, unless such requirements are waived by the Secretary. 

‘‘(11) THIRD PARTY SERVICERS AND PRIVATE SOFTWARE PRO- VIDERS.—To the extent practicable and in a timely manner, the 

Secretary shall provide, to private organizations and consortia 

that develop software used by institutions of higher education 

for the administration of funds under this title, all the necessary specifications that the organizations and consortia must 

meet for the software the organizations and consortia develop, 

produce, and distribute (including any diskette, modem, or network communications) to be so used. The specifications shall 

contain record layouts for required data. The Secretary shall 

develop in advance of each processing cycle an annual schedule 

for providing such specifications. The Secretary, to the extent 

practicable, shall use multiple means of providing such specifications, including conferences and other meetings, outreach, 

and technical support mechanisms (such as training and printed reference materials). The Secretary shall, from time to time, 

solicit from such organizations and consortia means of improving the support provided by the Secretary. 

‘‘(12) PARENT’S SOCIAL SECURITY NUMBER AND BIRTH

DATE.—The Secretary is authorized to include space on the 

forms developed under this subsection for the social security 

number and birth date of parents of dependent students seeking 

financial assistance under this title.’’; 

(2) by striking subsections (b) and (e); 

(3) by redesignating subsections (c) and (d) (as amended by 

section 103(b)(10)) as subsections (b) and (c), respectively; 

(4) in subsection (c) (as redesignated by paragraph (3)), by 

striking ‘‘that is authorized’’ and all that follows through the 

period at the end and inserting ‘‘or other appropriate provider 

of technical assistance and information on postsecondary educational services for individuals with disabilities, including the 

National Technical Assistance Center under section 777. The 

Secretary shall continue to implement, to the extent practicable, 


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a toll-free telephone based system to permit applicants who meet 

the requirements of subsection (b) or (c) of section 479 to submit 

an application over such system.’’; and 

(5) by adding at the end the following: 

‘‘(d) ASSISTANCE IN PREPARATION OF FINANCIAL AID APPLICATION.—

‘‘(1) PREPARATION AUTHORIZED.—Notwithstanding any provision of this Act, an applicant may use a preparer for consultative or preparation services for the completion of a form developed under subsection (a) if the preparer satisfies the requirements of this subsection. 

‘‘(2) PREPARER IDENTIFICATION REQUIRED.—If an applicant 

uses a preparer for consultative or preparation services for the 

completion of a form developed under subsection (a), and for 

which a fee is charged, the preparer shall—

‘‘(A) include, at the time the form is submitted to the 

Department, the name, address or employer’s address, social security number or employer identification number, 

and organizational affiliation of the preparer on the applicant’s form; and 

‘‘(B) be subject to the same penalties as an applicant 

for purposely giving false or misleading information in the 

application. 

‘‘(3) ADDITIONAL REQUIREMENTS.—A preparer that provides 

consultative or preparation services pursuant to this subsection 

shall—

‘‘(A) clearly inform each individual upon initial contact, including contact through the Internet or by telephone, 

that the FAFSA and EZ FAFSA are free forms that may 

be completed without professional assistance via paper or 

electronic version of the forms that are provided by the Secretary; 

‘‘(B) include in any advertising clear and conspicuous 

information that the FAFSA and EZ FAFSA are free forms 

that may be completed without professional assistance via 

paper or electronic version of the forms that are provided 

by the Secretary; 

‘‘(C) if advertising or providing any information on a 

website, or if providing services through a website, include 

on the website a link to the website that provides the electronic version of the forms developed under subsection (a); 

and 

‘‘(D) not produce, use, or disseminate any other form 

for the purpose of applying for Federal student financial 

aid other than the form developed by the Secretary under 

subsection (a). 

‘‘(4) SPECIAL RULE.—Nothing in this Act shall be construed 

to limit preparers of the forms required under this title that 

meet the requirements of this subsection from collecting source 

information from a student or parent, including Internal Revenue Service tax forms, in providing consultative and preparation services in completing the forms. 

‘‘(e) EARLY APPLICATION AND ESTIMATED AWARD DEMONSTRATION PROGRAM.—


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‘‘(1) PURPOSE AND OBJECTIVES.—The purpose of the demonstration program under this subsection is to measure the benefits, in terms of student aspirations and plans to attend an institution of higher education, and any adverse effects, in terms 

of program costs, integrity, distribution, and delivery of aid 

under this title, of implementing an early application system for 

all dependent students that allows dependent students to apply 

for financial aid using information from two years prior to the 

year of enrollment. Additional objectives associated with implementation of the demonstration program are the following: 

‘‘(A) To measure the feasibility of enabling dependent 

students to apply for Federal, State, and institutional financial aid in their junior year of secondary school, using 

information from two years prior to the year of enrollment, 

by completing any of the forms under this subsection. 

‘‘(B) To identify whether receiving final financial aid 

award estimates not later than the fall of the senior year 

of secondary school provides students with additional time 

to compete for the limited resources available for State and 

institutional financial aid and positively impacts the college aspirations and plans of these students. 

‘‘(C) To measure the impact of using income information from the years prior to enrollment on—

‘‘(i) eligibility for financial aid under this title and 

for other State and institutional aid; and 

‘‘(ii) the cost of financial aid programs under this 

title. 

‘‘(D) To effectively evaluate the benefits and adverse effects of the demonstration program on program costs, integrity, distribution, and delivery of financial aid. 

‘‘(2) PROGRAM AUTHORIZED.—Not later than two years after 

the date of enactment of the Higher Education Opportunity Act, 

the Secretary shall implement an early application demonstration program enabling dependent students who wish to participate in the program—

‘‘(A) to complete an application under this subsection 

during the academic year that is two years prior to the year 

such students plan to enroll in an institution of higher education; and 

‘‘(B) based on the application described in subparagraph (A), to obtain, not later than one year prior to the 

year of the students’ planned enrollment, information on 

eligibility for Federal Pell Grants, Federal student loans 

under this title, and State and institutional financial aid 

for the student’s first year of enrollment in the institution 

of higher education. 

‘‘(3) EARLY APPLICATION AND ESTIMATED AWARD.—For all 

dependent students selected for participation in the demonstration program who submit a completed FAFSA, or, as appropriate, an EZ FAFSA, two years prior to the year such students 

plan to enroll in an institution of higher education, the Secretary shall, not later than one year prior to the year of such 

planned enrollment—


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‘‘(A) provide each student who completes an early application with an estimated determination of such student’s— ‘‘(i) expected family contribution for the first year 

of the student’s enrollment in an institution of higher 

education; and ‘‘(ii) Federal Pell Grant award for the first such 

year, based on the maximum Federal Pell Grant award 

at the time of application; and 

‘‘(B) remind the students of the need to update the students’ information during the calendar year of enrollment 

using the expedited reapplication process provided for in 

subsection (a)(4)(A). 

‘‘(4) PARTICIPANTS.—The Secretary shall include as participants in the demonstration program—

‘‘(A) States selected through the application process described in paragraph (5); 

‘‘(B) institutions of higher education within the selected 

States that are interested in participating in the demonstration program, and that can make estimates or commitments of institutional student financial aid, as appropriate, to students the year before the students’ planned enrollment date; and 

‘‘(C) secondary schools within the selected States that 

are interested in participating in the demonstration program, and that can commit resources to—

‘‘(i) advertising the availability of the program; 

‘‘(ii) identifying students who might be interested 

in participating in the program; 

‘‘(iii) encouraging such students to apply; and 

‘‘(iv) participating in the evaluation of the program. 

‘‘(5) APPLICATIONS.—Each State that is interested in participating in the demonstration program shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary shall require. The application shall include— ‘‘(A) information on the amount of the State’s needbased student financial assistance available, and the eligibility criteria for receiving such assistance; ‘‘(B) a commitment to make, not later than the year before the dependent students participating in the demonstration program plan to enroll in an institution of higher education, an estimate of the award of State financial aid to 

such dependent students; ‘‘(C) a plan for recruiting institutions of higher education and secondary schools with different demographic 

characteristics to participate in the program; ‘‘(D) a plan for selecting institutions of higher education and secondary schools to participate in the program 

that—

‘‘(i) demonstrate a commitment to encouraging students to submit a FAFSA, or, as appropriate, an EZ 

FAFSA, two years before the students’ planned date of 

enrollment in an institution of higher education; 


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‘‘(ii) serve different populations of students; 

‘‘(iii) in the case of institutions of higher education—

‘‘(I) to the extent possible, are of varying types 

and sectors; and 

‘‘(II) commit to making, not later than the year 

prior to the year that dependent students participating in the demonstration program plan to enroll in the institution—

‘‘(aa) estimated institutional awards to 

participating dependent students; and 

‘‘(bb) estimated grants or other financial 

aid available under this title (including supplemental grants under subpart 3 of part A), 

for all participating dependent students, along 

with information on State awards, as provided 

to the institution by the State; 

‘‘(E) a commitment to participate in the evaluation conducted by the Secretary; and 

‘‘(F) such other information as the Secretary may require. 

‘‘(6) SPECIAL PROVISIONS.—

‘‘(A) DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.—A financial aid administrator at an institution 

of higher education participating in a demonstration program under this subsection may use the discretion provided 

under section 479A as necessary for students participating 

in the demonstration program. 

‘‘(B) WAIVERS.—The Secretary is authorized to waive, 

for an institution of higher education participating in the 

demonstration program, any requirements under this title, 

or regulations prescribed under this title, that will make 

the demonstration program unworkable, except that the 

Secretary shall not waive any provisions with respect to the 

maximum award amounts for grants and loans under this 

title. 

‘‘(7) OUTREACH.—The Secretary shall make appropriate efforts to notify States of the demonstration program under this 

subsection. Upon determination of participating States, the Secretary shall continue to make efforts to notify institutions of 

higher education and dependent students within participating 

States of the opportunity to participate in the demonstration 

program and of the participation requirements. 

‘‘(8) EVALUATION.—The Secretary shall conduct a rigorous 

evaluation of the demonstration program to measure the program’s benefits and adverse effects, as the benefits and effects 

relate to the purpose and objectives of the program described in 

paragraph (1). In conducting the evaluation, the Secretary 

shall—

‘‘(A) identify whether receiving financial aid estimates 

one year prior to the year in which the student plans to enroll in an institution of higher education, has a positive impact on the higher education aspirations and plans of such 

student; 


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‘‘(B) measure the extent to which using a student’s income information from the year that is two years prior to 

the student’s planned enrollment date had an impact on 

the ability of States and institutions of higher education to 

make financial aid awards and commitments; ‘‘(C) determine what operational changes are required 

to implement the program on a larger scale; ‘‘(D) identify any changes to Federal law that are necessary to implement the program on a permanent basis; ‘‘(E) identify the benefits and adverse effects of providing early estimates on program costs, program operations, program integrity, award amounts, distribution, 

and delivery of aid; and ‘‘(F) examine the extent to which estimated awards differ from actual awards made to students participating in 

the program. 

‘‘(9) CONSULTATION.—The Secretary shall consult, as appropriate, with the Advisory Committee on Student Financial Assistance established under section 491 on the design, implementation, and evaluation of the demonstration program. 

‘‘(f) REDUCTION OF INCOME AND ASSET INFORMATION TO DETER- MINE ELIGIBILITY FOR STUDENT FINANCIAL AID.— ‘‘(1) CONTINUATION OF CURRENT FAFSA SIMPLIFICATION EF- FORTS.—The Secretary shall continue to examine— ‘‘(A) how the Internal Revenue Service can provide to 

the Secretary income and other data needed to compute an 

expected family contribution for taxpayers and dependents 

of taxpayers, and when in the application cycle the data 

can be made available; ‘‘(B) whether data provided by the Internal Revenue 

Service can be used to— ‘‘(i) prepopulate the electronic version of the 

FAFSA with student and parent taxpayer data; or ‘‘(ii) generate an expected family contribution without additional action on the part of the student and 

taxpayer; and 

‘‘(C) whether the data elements collected on the FAFSA 

that are needed to determine eligibility for student aid, or 

to administer the Federal student financial aid programs 

under this title, but are not needed to compute an expected 

family contribution, such as information regarding the student’s citizenship or permanent residency status, registration for selective service, or driver’s license number, can be 

reduced without adverse effects. 

‘‘(2) REPORT ON FAFSA SIMPLIFICATION EFFORTS TO DATE.—

Not later than 90 days after the date of enactment of the Higher 

Education Opportunity Act, the Secretary shall provide a written report to the authorizing committees on the work the Department has done with the Secretary of the Treasury regarding— ‘‘(A) how the expected family contribution of a student 

can be calculated using substantially less income and asset 

information than was used on March 31, 2008; ‘‘(B) the extent to which the reduced income and asset 

information will result in a redistribution of Federal grants 


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and subsidized loans under this title, State aid, or institutional aid, or in a change in the composition of the group 

of recipients of such aid, and the amount of such redistribution; 

‘‘(C) how the alternative approaches for calculating the 

expected family contribution will—

‘‘(i) rely mainly, in the case of students and parents who file income tax returns, on information available on the 1040, 1040EZ, and 1040A; and 

‘‘(ii) include formulas for adjusting income or asset 

information to produce similar results to the existing 

approach with less data; 

‘‘(D) how the Internal Revenue Service can provide to 

the Secretary of Education income and other data needed 

to compute an expected family contribution for taxpayers 

and dependents of taxpayers, and when in the application 

cycle the data can be made available; 

‘‘(E) whether data provided by the Internal Revenue 

Service can be used to—

‘‘(i) prepopulate the electronic version of the 

FAFSA with student and parent taxpayer data; or 

‘‘(ii) generate an expected family contribution without additional action on the part of the student and 

taxpayer; 

‘‘(F) the extent to which the use of income data from 

two years prior to a student’s planned enrollment date will 

change the expected family contribution computed in accordance with part F, and potential adjustments to the 

need analysis formula that will minimize the change; and 

‘‘(G) the extent to which the data elements collected on 

the FAFSA on March 31, 2008, that are needed to determine eligibility for student aid or to administer the Federal 

student financial aid programs, but are not needed to compute an expected family contribution, such as information 

regarding the student’s citizenship or permanent residency 

status, registration for selective service, or driver’s license 

number, can be reduced without adverse effects. 

‘‘(3) STUDY.—

‘‘(A) FORMATION OF STUDY GROUP.—Not later than 90 

days after the date of enactment of the Higher Education 

Opportunity Act, the Comptroller General shall convene a 

study group the membership of which shall include the Secretary of Education, the Secretary of the Treasury, the Director of the Office of Management and Budget, the Director of the Congressional Budget Office, representatives of 

institutions of higher education with expertise in Federal 

and State financial aid assistance, State chief executive officers of higher education with a demonstrated commitment 

to simplifying the FAFSA, and such other individuals as 

the Comptroller General and the Secretary of Education 

may designate. 

‘‘(B) STUDY REQUIRED.—The Comptroller General, in 

consultation with the study group convened under subparagraph (A) shall—


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‘‘(i) review and build on the work of the Secretary 

of Education and the Secretary of the Treasury, and 

individuals with expertise in analysis of financial need, 

to assess alternative approaches for calculating the expected family contribution under the statutory need 

analysis formula in effect on the day before the date of 

enactment of the Higher Education Opportunity Act 

and under a new calculation that will use substantially less income and asset information than was used 

for the 2008–2009 FAFSA; 

‘‘(ii) conduct an additional analysis if necessary; 

and 

‘‘(iii) make recommendations to the authorizing 

committees. 

‘‘(C) OBJECTIVES OF STUDY.—The objectives of the 

study required under subparagraph (B) are—

‘‘(i) to determine methods to shorten the FAFSA 

and make the FAFSA easier and less time-consuming 

to complete, thereby increasing higher education access 

for low-income students; 

‘‘(ii) to identify changes to the statutory need analysis formula that will be necessary to reduce the 

amount of financial information students and families 

need to provide to receive a determination of eligibility 

for student financial aid without causing significant 

redistribution of Federal grants and subsidized loans 

under this title; and 

‘‘(iii) to review State and institutional needs and 

uses for data collected on the FAFSA, and to determine 

the best means of addressing such needs in the case of 

modification of the FAFSA as described in clause (i), 

or modification of the need analysis formula as described in clause (ii). 

‘‘(D) REQUIRED SUBJECTS OF STUDY.—The study required under subparagraph (B) shall examine—

‘‘(i) with respect to simplification of the financial 

aid application process using the statutory requirements for need analysis—

‘‘(I) additional steps that can be taken to simplify the financial aid application process for students who (or, in the case of dependent students, 

whose parents) are not required to file a Federal 

income tax return for the prior taxable year; 

‘‘(II) information on State use of information 

provided on the FAFSA, including—

‘‘(aa) whether a State uses, as of the time 

of the study, or can use, a student’s expected 

family contribution based on data from two 

years prior to the student’s planned enrollment 

date; 

‘‘(bb) the extent to which States and institutions will accept the data provided by the 

Internal Revenue Service to prepopulate the 

electronic version of the FAFSA to determine 


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the distribution of State and institutional student financial aid funds; ‘‘(cc) what data are used by States, as of 

the time of the study, to determine eligibility 

for State student financial aid, and whether 

the data are used for merit- or need-based aid; ‘‘(dd) whether State data are required by 

State law, State regulations, or policy directives; and ‘‘(ee) the extent to which any State-specific 

information requirements can be met by completion of a State application linked to the 

electronic version of the FAFSA; and 

‘‘(III) information on institutional needs, including the extent to which institutions of higher 

education are already using supplemental forms to 

collect additional data from students and their 

families to determine eligibility for institutional 

funds; and 

‘‘(ii) ways to reduce the amount of financial information students and families need to provide to receive 

a determination of eligibility for student financial aid, 

taking into account— ‘‘(I) the amount of redistribution of Federal 

grants and subsidized loans under this title caused 

by such a reduction, and the benefits to be gained 

by having an application process that will be easier for students and their families; ‘‘(II) students and families who do not file income tax returns; ‘‘(III) the extent to which the full array of income and asset information collected on the 

FAFSA, as of the time of the study, plays an important role in the awarding of need-based State 

financial aid, and whether the State can use an expected family contribution generated by the 

FAFSA, instead of income and asset information 

or a calculation with reduced data elements, to 

support determinations of eligibility for such State 

aid programs and, if not, what additional information will be needed or what changes to the 

FAFSA will be required; and 

‘‘(IV) information on institutional needs, including the extent to which institutions of higher 

education are already using supplemental forms to 

collect additional data from students and their 

families to determine eligibility for institutional 

funds; and 

‘‘(V) changes to this Act or other laws that will 

be required to implement a modified need analysis 

system. 

‘‘(4) CONSULTATION.—The Secretary shall consult with the 

Advisory Committee on Student Financial Assistance established under section 491 as appropriate in carrying out this 

subsection. 


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‘‘(5) REPORTS.— ‘‘(A) REPORTS ON STUDY.—The Secretary shall prepare 

and submit to the authorizing committees— ‘‘(i) not later than one year after the date of enactment of the Higher Education Opportunity Act, an interim report on the progress of the study required 

under paragraph (3) that includes any preliminary recommendations by the study group established under 

such paragraph; and ‘‘(ii) not later than two years after the date of enactment of the Higher Education Opportunity Act, a 

final report on the results of the study required under 

paragraph (3) that includes recommendations by the 

study group established under such paragraph. 

‘‘(B) REPORTS ON FAFSA SIMPLIFICATION EFFORTS.—The 

Secretary shall report to the authorizing committees, from 

time to time, on the progress of the simplification efforts 

under this subsection. ‘‘(g) ADDRESSING THE DIGITAL DIVIDE.—The Secretary shall utilize savings accrued by moving more applicants to the electronic 

version of the forms described in subsection (a)(3) to improve access 

to the electronic version of the forms described in such subsection 

for applicants meeting the requirements of subsection (b) or (c) of 

section 479. ‘‘(h) ADJUSTMENTS.—The Secretary shall disclose, on the form 

notifying a student of the student’s expected family contribution, 

that the student may, on a case-by-case basis, qualify for an adjustment under section 479A to the cost of attendance or the values of 

the data items required to calculate the expected contribution for the 

student or parent. Such disclosure shall specify— ‘‘(1) the special circumstances under which a student or 

family member may qualify for such adjustment; and ‘‘(2) additional information regarding the steps a student or 

family member may take in order to seek an adjustment under 

section 479A.’’. 

SEC. 484. MODEL INSTITUTION FINANCIAL AID OFFER FORM. 

(a) MODEL FORMAT.—The Secretary of Education shall— (1) not later than six months after the date of enactment of 

the Higher Education Opportunity Act, convene a group of students, families of students, secondary school guidance counselors, representatives of institutions of higher education (including financial aid administrators, registrars, and business 

officers), and nonprofit consumer groups for the purpose of offering recommendations for improvements that—

(A) can be made to financial aid offer forms; and 

(B) include the information described in subsection (b); 

(2) develop a model format for financial aid offer forms 

based on the recommendations of the group; and 

(3) not later than one year after the date of enactment of 

the Higher Education Opportunity Act—

(A) submit recommendations to the authorizing committees (as defined in section 103 of the Higher Education 

Act of 1965 (20 U.S.C. 1003); and 

(B) make the recommendations and model format 

widely available. 


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(b) CONTENTS.—The recommendations developed under subsection (a) for model financial aid offer forms shall include, in a 

consumer-friendly manner that is simple and understandable, the 

following: 

(1) Information on the student’s cost of attendance, including the following: 

(A) Tuition and fees. 

(B) Room and board costs. 

(C) Books and supplies. 

(D) Transportation. 

(2) The amount of financial aid that the student does not 

have to repay, such as scholarships, grants, and work-study assistance, offered to the student for such year, and the conditions 

of such financial aid. 

(3) The types and amounts of loans under part B, D, or E 

of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 

et seq., 1087a et seq., 1087aa et seq.) for which the student is 

eligible for such year, and the applicable terms and conditions 

of such loans. 

(4) The net amount that the student, or the student’s family 

on behalf of the student, will have to pay for the student to attend the institution for such year, equal to— (A) the cost of attendance for the student for such year; 

minus 

(B) the amount of financial aid described in paragraphs (2) and (3) that is offered in the financial aid offer 

form. 

(5) Where a student or the student’s family can seek additional information regarding the financial aid offered. 

(6) Any other information the Secretary of Education determines necessary so that students and parents can make informed student loan borrowing decisions. 

SEC. 485. STUDENT ELIGIBILITY. 

(a) AMENDMENTS.—Section 484 (20 U.S.C. 1091) is amended— (1) in subsection (a)— (A) in paragraph (4)(B), by striking ‘‘number,’’ and all 

that follows through the semicolon and inserting ‘‘number;’’; and 

(B) in paragraph (5)— (i) by inserting ‘‘or’’ after ‘‘a permanent resident of 

the United States,’’; and 

(ii) by striking ‘‘citizen or permanent resident’’ and 

all that follows through the semicolon and inserting 

‘‘citizen or permanent resident;’’; 

(2) in subsection (b)(1), by inserting ‘‘, or under section 

428H pursuant to an exercise of discretion under section 479A’’

after ‘‘428C’’; 

(3) in subsection (d), by adding at the end the following: 

‘‘(4) The student shall be determined by the institution of 

higher education as having the ability to benefit from the education or training offered by the institution of higher education 

upon satisfactory completion of six credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education.’’; 

(4) by striking subsection (j); 


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(5) by striking subsection (l) and inserting the following: 

‘‘(l) COURSES OFFERED THROUGH DISTANCE EDUCATION.—

‘‘(1) RELATION TO CORRESPONDENCE COURSES.—

‘‘(A) IN GENERAL.—A student enrolled in a course of instruction at an institution of higher education that is offered principally through distance education and leads to a 

recognized certificate, or recognized associate, recognized 

baccalaureate, or recognized graduate degree, conferred by 

such institution, shall not be considered to be enrolled in 

correspondence courses. 

‘‘(B) EXCEPTION.—An institution of higher education 

referred to in subparagraph (A) shall not include an institution or school described in section 3(3)(C) of the Carl D. 

Perkins Career and Technical Education Act of 2006. 

‘‘(2) REDUCTIONS OF FINANCIAL AID.—A student’s eligibility 

to receive grants, loans, or work assistance under this title shall 

be reduced if a financial aid officer determines under the discretionary authority provided in section 479A that distance education results in a substantially reduced cost of attendance to 

such student. 

‘‘(3) SPECIAL RULE.—For award years beginning prior to 

July 1, 2008, the Secretary shall not take any compliance, disallowance, penalty, or other action based on a violation of this 

subsection against a student or an eligible institution when 

such action arises out of such institution’s prior award of student assistance under this title if the institution demonstrates 

to the satisfaction of the Secretary that its course of instruction 

would have been in conformance with the requirements of this 

subsection.’’; 

(6) by striking subsection (q) and inserting the following: 

‘‘(q) USE OF INCOME DATA.—

‘‘(1) MATCHING WITH IRS.—The Secretary, in cooperation 

with the Secretary of the Treasury, is authorized to obtain from 

the Internal Revenue Service such information reported on Federal income tax returns by applicants, or by any other person 

whose financial information is required to be provided on the 

Federal student financial aid application, as the Secretary determines is necessary for the purpose of—

‘‘(A) prepopulating the Federal student financial aid 

application described in section 483; or 

‘‘(B) verifying the information reported on such student 

financial aid applications. 

‘‘(2) CONSENT.—The Secretary may require that applicants 

for financial assistance under this title provide a consent to the 

disclosure of the data described in paragraph (1) as a condition 

of the student receiving assistance under this title. The parents 

of an applicant, in the case of a dependent student, or the 

spouse of an applicant, in the case of an applicant who is married but files separately, may also be required to provide consent as a condition of the student receiving assistance under 

this title.’’; 

(7) in subsection (r)(2)—

(A) in subparagraph (A), by striking ‘‘or’’ at the end of 

clause (ii); 


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(B) by redesignating subparagraph (B) as subparagraph (C); and 

(C) by inserting after subparagraph (A) the following 

new subparagraph: ‘‘(B) the student successfully passes two unannounced 

drug tests conducted by a drug rehabilitation program that 

complies with such criteria as the Secretary shall prescribe 

in regulations for purposes of subparagraph (A)(i); or’’; 

(8) by adding at the end the following: ‘‘(s) STUDENTS WITH INTELLECTUAL DISABILITIES.— ‘‘(1) DEFINITIONS.—In this subsection the terms ‘comprehensive transition and postsecondary program for students with intellectual disabilities’ and ‘student with an intellectual disability’ have the meanings given the terms in section 760. ‘‘(2) REQUIREMENTS.—Notwithstanding subsections (a), (c), 

and (d), in order to receive any grant or work assistance under 

section 401, subpart 3 of part A, or part C, a student with an 

intellectual disability shall—

‘‘(A) be enrolled or accepted for enrollment in a comprehensive transition and postsecondary program for students with intellectual disabilities at an institution of higher education; 

‘‘(B) be maintaining satisfactory progress in the program as determined by the institution, in accordance with 

standards established by the institution; and 

‘‘(C) meet the requirements of paragraphs (3), (4), (5), 

and (6) of subsection (a). 

‘‘(3) AUTHORITY.—Notwithstanding any other provision of 

law unless such provision is enacted with specific reference to 

this section, the Secretary is authorized to waive any statutory 

provision applicable to the student financial assistance programs under section 401, subpart 3 of part A, or part C (other 

than a provision of part F related to such a program), or any 

institutional eligibility provisions of this title, as the Secretary 

determines necessary to ensure that programs enrolling students with intellectual disabilities otherwise determined to be 

eligible under this subsection may receive such financial assistance. 

‘‘(4) REGULATIONS.—Notwithstanding regulations applicable to grant or work assistance awards made under section 401, 

subpart 3 of part A, and part C (other than a regulation under 

part F related to such an award), including with respect to eligible programs, instructional time, credit status, and enrollment status as described in section 481, the Secretary shall promulgate regulations allowing programs enrolling students with 

intellectual disabilities otherwise determined to be eligible 

under this subsection to receive such awards.’’; and 

(9) by adding after subsection (s) (as added by paragraph 

(7)) the following: 

‘‘(t) DATA ANALYSIS ON ACCESS TO FEDERAL STUDENT AID FOR

CERTAIN POPULATIONS.— ‘‘(1) DEVELOPMENT OF THE SYSTEM.—Within one year of enactment of the Higher Education Opportunity Act, the Secretary 

shall analyze data from the FAFSA containing information regarding the number, characteristics, and circumstances of stuVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00221 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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dents denied Federal student aid based on a drug conviction 

while receiving Federal aid. ‘‘(2) RESULTS FROM ANALYSIS.—The results from the analysis of such information shall be made available on a continuous basis via the Department website and the Digest of Education Statistics. ‘‘(3) DATA UPDATING.—The data analyzed under this subsection shall be updated at the beginning of each award year 

and at least one additional time during such award year. ‘‘(4) REPORT TO CONGRESS.—The Secretary shall prepare 

and submit to the authorizing committees, in each fiscal year, 

a report describing the results obtained by the establishment 

and operation of the data system authorized by this subsection.’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on July 1, 2010, except that the amendments made 

by paragraphs (3), (4), and (8) of such subsection shall take effect 

on the date of enactment of this Act. 

SEC. 486. STATUTE OF LIMITATIONS AND STATE COURT JUDGMENTS. 

Section 484A (20 U.S.C. 1091a) is amended— (1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘and’’ after the semicolon; 

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

(C) by adding at the end the following: 

‘‘(3) in collecting any obligation arising from a loan made 

under part E, an institution of higher education that has an 

agreement with the Secretary pursuant to section 463(a) shall 

not be subject to a defense raised by any borrower based on a 

claim of infancy.’’; and 

(2) by adding at the end the following: 

‘‘(d) SPECIAL RULE.—This section shall not apply in the case of 

a student who is deceased, or to a deceased student’s estate or the 

estate of such student’s family. If a student is deceased, then the student’s estate or the estate of the student’s family shall not be required to repay any financial assistance under this title, including 

interest paid on the student’s behalf, collection costs, or other 

charges specified in this title.’’. 

SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS. 

Part G of title IV (20 U.S.C. 1088 et seq.) is amended by inserting after section 484B the following: 

‘‘SEC. 484C. READMISSION REQUIREMENTS FOR SERVICEMEMBERS. 

‘‘(a) DEFINITION OF SERVICE IN THE UNIFORMED SERVICES.—In 

this section, the term ‘service in the uniformed services’ means service (whether voluntary or involuntary) on active duty in the Armed 

Forces, including such service by a member of the National Guard 

or Reserve, for a period of more than 30 days under a call or order 

to active duty of more than 30 days. 

‘‘(b) DISCRIMINATION AGAINST STUDENTS WHO SERVE IN THE

UNIFORMED SERVICES PROHIBITED.—A person who is a member of, 

applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform, service in the uniformed services shall not be denied readmission to an institution of higher eduVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00222 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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cation on the basis of that membership, application for membership, 

performance of service, application for service, or obligation. 

‘‘(c) READMISSION PROCEDURES.—

‘‘(1) IN GENERAL.—Any student whose absence from an institution of higher education is necessitated by reason of service 

in the uniformed services shall be entitled to readmission to the 

institution of higher education if—

‘‘(A) the student (or an appropriate officer of the Armed 

Forces or official of the Department of Defense) gives advance written or verbal notice of such service to the appropriate official at the institution of higher education; 

‘‘(B) the cumulative length of the absence and of all 

previous absences from that institution of higher education 

by reason of service in the uniformed services does not exceed five years; and 

‘‘(C) except as otherwise provided in this section, the 

student submits a notification of intent to reenroll in the institution of higher education in accordance with the provisions of paragraph (4). 

‘‘(2) EXCEPTIONS.—

‘‘(A) MILITARY NECESSITY.—No notice is required under 

paragraph (1)(A) if the giving of such notice is precluded 

by military necessity, such as—

‘‘(i) a mission, operation, exercise, or requirement 

that is classified; or 

‘‘(ii) a pending or ongoing mission, operation, exercise, or requirement that may be compromised or otherwise adversely affected by public knowledge. 

‘‘(B) FAILURE TO GIVE ADVANCE NOTICE.—Any student 

(or an appropriate officer of the Armed Forces or official of 

the Department of Defense) who did not give advance written or verbal notice of service to the appropriate official at 

the institution of higher education in accordance with paragraph (1)(A) may meet the notice requirement by submitting, at the time the student seeks readmission, an attestation to the student’s institution of higher education that the 

student performed service in the uniformed services that necessitated the student’s absence from the institution of higher education. 

‘‘(3) APPLICABILITY.—This section shall apply to a student 

who is absent from an institution of higher education by reason 

of service in the uniformed services if such student’s cumulative 

period of service in the Armed Forces (including the National 

Guard or Reserve), with respect to the institution of higher education for which a student seeks readmission, does not exceed 

five years, except that any such period of service shall not include any service—

‘‘(A) that is required, beyond five years, to complete an 

initial period of obligated service; 

‘‘(B) during which such student was unable to obtain 

orders releasing such student from a period of service in the 

uniformed services before the expiration of such five-year 

period and such inability was through no fault of such student; or 


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‘‘(C) performed by a member of the Armed Forces (including the National Guard and Reserves) who is— ‘‘(i) ordered to or retained on active duty under section 688, 12301(a), 12301(g), 12302, 12304, or 12305 of 

title 10, United States Code, or under section 331, 332, 

359, 360, 367, or 712 of title 14, United States Code; ‘‘(ii) ordered to or retained on active duty (other 

than for training) under any provision of law because 

of a war or national emergency declared by the President or the Congress, as determined by the Secretary 

concerned; ‘‘(iii) ordered to active duty (other than for training) in support, as determined by the Secretary concerned, of an operational mission for which personnel 

have been ordered to active duty under section 12304 

of title 10, United States Code; ‘‘(iv) ordered to active duty in support, as determined by the Secretary concerned, of a critical mission 

or requirement of the Armed Forces (including the National Guard or Reserve); or ‘‘(v) called into Federal service as a member of the 

National Guard under chapter 15 of title 10, United 

States Code, or section 12406 of title 10, United States 

Code. ‘‘(4) NOTIFICATION OF INTENT TO RETURN.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), a student referred to in subsection (a) shall, upon the 

completion of a period of service in the uniformed services, 

notify the institution of higher education of the student’s intent to return to the institution not later than three years 

after the completion of the period of service. ‘‘(B) HOSPITALIZATION OR CONVALESCENCE.—A student 

who is hospitalized for or convalescing from an illness or 

injury incurred in or aggravated during the performance of 

service in the uniformed services shall notify the institution 

of higher education of the student’s intent to return to the 

institution not later than two years after the end of the period that is necessary for recovery from such illness or injury. ‘‘(C) SPECIAL RULE.—A student who fails to apply for 

readmission within the period described in this section 

shall not automatically forfeit such eligibility for readmission to the institution of higher education, but shall be subject to the institution of higher education’s established leave 

of absence policy and general practices. 

‘‘(5) DOCUMENTATION.—

‘‘(A) IN GENERAL.—A student who submits an application for readmission to an institution of higher education 

under this section shall provide to the institution of higher 

education documentation to establish that— ‘‘(i) the student has not exceeded the service limitations established under this section; and ‘‘(ii) the student’s eligibility for readmission has 

not been terminated due to an exception in subsection 

(d). 


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‘‘(B) PROHIBITED DOCUMENTATION DEMANDS.—An institution of higher education may not delay or attempt to 

avoid a readmission of a student under this section by demanding documentation that does not exist, or is not readily available, at the time of readmission. 

‘‘(6) NO CHANGE IN ACADEMIC STATUS.—A student who is 

readmitted to an institution of higher education under this section shall be readmitted with the same academic status as such 

student had when such student last attended the institution of 

higher education. 

‘‘(d) EXCEPTION FROM READMISSION ELIGIBILITY.—A student’s 

eligibility for readmission to an institution of higher education 

under this section by reason of such student’s service in the uniformed services terminates upon the occurrence of any of the following events: ‘‘(1) A separation of such person from the Armed Forces (including the National Guard and Reserves) with a dishonorable 

or bad conduct discharge. ‘‘(2) A dismissal of such person permitted under section 

1161(a) of title 10, United States Code. ‘‘(3) A dropping of such person from the rolls pursuant to 

section 1161(b) of title 10, United States Code.’’. 

SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION 

FOR STUDENTS. 

(a) INFORMATION DISSEMINATION ACTIVITIES.—Section 485(a) 

(20 U.S.C. 1092(a)) is amended— (1) in paragraph (1)— (A) in subparagraph (G)— (i) by striking ‘‘program, and’’ and inserting ‘‘program,’’; and 

(ii) by inserting ‘‘, and (iv) any plans by the institution for improving the academic program of the institution’’ after ‘‘instructional personnel’’; and 

(B) by striking subparagraph (M) and inserting the following: 

‘‘(M) the terms and conditions of the loans that students receive under parts B, D, and E;’’; 

(C) in subparagraph (N), by striking ‘‘and’’ after the 

semicolon; 

(D) in subparagraph (O), by striking the period and inserting a semicolon; and 

(E) by adding at the end the following: 

‘‘(P) institutional policies and sanctions related to copyright infringement, including—

‘‘(i) an annual disclosure that explicitly informs 

students that unauthorized distribution of copyrighted 

material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities; 

‘‘(ii) a summary of the penalties for violation of 

Federal copyright laws; and 

‘‘(iii) a description of the institution’s policies with 

respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00225 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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righted materials using the institution’s information 

technology system; 

‘‘(Q) student body diversity at the institution, including 

information on the percentage of enrolled, full-time students who—

‘‘(i) are male; 

‘‘(ii) are female; 

‘‘(iii) receive a Federal Pell Grant; and 

‘‘(iv) are a self-identified member of a major racial 

or ethnic group; 

‘‘(R) the placement in employment of, and types of employment obtained by, graduates of the institution’s degree 

or certificate programs, gathered from such sources as 

alumni surveys, student satisfaction surveys, the National 

Survey of Student Engagement, the Community College 

Survey of Student Engagement, State data systems, or 

other relevant sources; ‘‘(S) the types of graduate and professional education 

in which graduates of the institution’s four-year degree programs enrolled, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of 

Student Engagement, State data systems, or other relevant 

sources; ‘‘(T) the fire safety report prepared by the institution 

pursuant to subsection (i); ‘‘(U) the retention rate of certificate- or degree-seeking, 

first-time, full-time, undergraduate students entering such 

institution; and ‘‘(V) institutional policies regarding vaccinations.’’; and 

(2) by striking paragraph (4) and inserting the following: 

‘‘(4) For purposes of this section, institutions may— ‘‘(A) exclude from the information disclosed in accordance with subparagraph (L) of paragraph (1) the completion or graduation rates of students who leave school to 

serve in the Armed Forces, on official church missions, or 

with a recognized foreign aid service of the Federal Government; or 

‘‘(B) in cases where the students described in subparagraph (A) represent 20 percent or more of the certificate- or 

degree-seeking, full-time, undergraduate students at the institution, recalculate the completion or graduation rates of 

such students by excluding from the calculation described 

in paragraph (3) the time period such students were not enrolled due to their service in the Armed Forces, on official 

church missions, or with a recognized foreign aid service of 

the Federal Government.’’; and 

(3) by adding at the end the following: 

‘‘(7)(A)(i) Subject to clause (ii), the information disseminated under paragraph (1)(L), or reported under subsection (e), 

shall be disaggregated by gender, by each major racial and ethnic subgroup, by recipients of a Federal Pell Grant, by recipients of a loan made under part B or D (other than a loan made 

under section 428H or a Federal Direct Unsubsidized Stafford 

Loan) who did not receive a Federal Pell Grant, and by recipients of neither a Federal Pell Grant nor a loan made under 


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part B or D (other than a loan made under section 428H or a 

Federal Direct Unsubsidized Stafford Loan), if the number of 

students in such subgroup or with such status is sufficient to 

yield statistically reliable information and reporting will not reveal personally identifiable information about an individual 

student. If such number is not sufficient for such purposes, then 

the institution shall note that the institution enrolled too few of 

such students to so disclose or report with confidence and confidentiality. 

‘‘(ii) The requirements of clause (i) shall not apply to twoyear, degree-granting institutions of higher education until academic year 2011–2012. 

‘‘(B)(i) In order to assist two-year degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e), the Secretary, in consultation 

with the Commissioner for Education Statistics, shall, not later 

than 90 days after the date of enactment of the Higher Education Opportunity Act, convene a group of representatives from 

diverse institutions of higher education, experts in the field of 

higher education policy, state higher education officials, students, and other stakeholders in the higher education community, to develop recommendations regarding the accurate calculation and reporting of the information required to be disseminated or reported under paragraph (1)(L) and subsection 

(e) by two-year, degree-granting institutions of higher education. 

In developing such recommendations, the group of representatives shall consider the mission and role of two-year degreegranting institutions of higher education, and may recommend 

additional or alternative measures of student success for such 

institutions in light of the mission and role of such institutions. 

‘‘(ii) The Secretary shall widely disseminate the recommendations required under this subparagraph to two-year, 

degree-granting institutions of higher education, the public, and 

the authorizing committees not later than 18 months after the 

first meeting of the group of representatives convened under 

clause (i). 

‘‘(iii) The Secretary shall use the recommendations from the 

group of representatives convened under clause (i) to provide 

technical assistance to two-year, degree-granting institutions of 

higher education in meeting the requirements of paragraph 

(1)(L) and subsection (e). 

‘‘(iv) The Secretary may modify the information required to 

be disseminated or reported under paragraph (1)(L) or subsection (e) by a two-year, degree-granting institution of higher—

‘‘(I) based on the recommendations received under this 

subparagraph from the group of representatives convened 

under clause (i); 

‘‘(II) to include additional or alternative measures of 

student success if the goals of the provisions of paragraph 

(1)(L) and subsection (e) can be met through additional 

means or comparable alternatives; and 

‘‘(III) during the period beginning on the date of enactment of the Higher Education Opportunity Act, and ending 

on June 30, 2011.’’. 


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(b) EXIT COUNSELING.—Subsection (b)(1)(A) of section 485 (20 

U.S.C. 1092(b)(1)(A)) is amended to read as follows: ‘‘(b) EXIT COUNSELING FOR BORROWERS.—(1)(A) Each eligible 

institution shall, through financial aid offices or otherwise, provide 

counseling to borrowers of loans that are made, insured, or guaranteed under part B (other than loans made pursuant to section 428C 

or loans under section 428B made on behalf of a student) or made 

under part D (other than Federal Direct Consolidation Loans or 

Federal Direct PLUS Loans made on behalf of a student) or made 

under part E of this title prior to the completion of the course of 

study for which the borrower enrolled at the institution or at the 

time of departure from such institution. The counseling required by 

this subsection shall include— ‘‘(i) information on the repayment plans available, including a description of the different features of each plan and sample information showing the average anticipated monthly payments, and the difference in interest paid and total payments, 

under each plan; ‘‘(ii) debt management strategies that are designed to facilitate the repayment of such indebtedness; ‘‘(iii) an explanation that the borrower has the options to 

prepay each loan, pay each loan on a shorter schedule, and 

change repayment plans; ‘‘(iv) for any loan forgiveness or cancellation provision of 

this title, a general description of the terms and conditions 

under which the borrower may obtain full or partial forgiveness 

or cancellation of the principal and interest, and a copy of the 

information provided by the Secretary under section 485(d); ‘‘(v) for any forbearance provision of this title, a general description of the terms and conditions under which the borrower 

may defer repayment of principal or interest or be granted forbearance, and a copy of the information provided by the Secretary under section 485(d); ‘‘(vi) the consequences of defaulting on a loan, including adverse credit reports, delinquent debt collection procedures under 

Federal law, and litigation; 

‘‘(vii) information on the effects of using a consolidation 

loan under section 428C or a Federal Direct Consolidation 

Loan to discharge the borrower’s loans under parts B, D, and 

E, including at a minimum—

‘‘(I) the effects of consolidation on total interest to be 

paid, fees to be paid, and length of repayment; 

‘‘(II) the effects of consolidation on a borrower’s underlying loan benefits, including grace periods, loan forgiveness, cancellation, and deferment opportunities; 

‘‘(III) the option of the borrower to prepay the loan or 

to change repayment plans; and 

‘‘(IV) that borrower benefit programs may vary among 

different lenders; 

‘‘(viii) a general description of the types of tax benefits that 

may be available to borrowers; and 

‘‘(ix) a notice to borrowers about the availability of the National Student Loan Data System and how the system can be 

used by a borrower to obtain information on the status of the 

borrower’s loans; and’’. 


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(c) DEPARTMENTAL PUBLICATION OF DESCRIPTIONS OF ASSIST- ANCE PROGRAMS.—Section 485(d) (20 U.S.C. 1092(d)) is amended— (1) in paragraph (1)— (A) by inserting after ‘‘under this title.’’ the following: ‘‘Such information shall also include information on the 

various payment options available for student loans, including income-sensitive and income-based repayment 

plans for loans made, insured, or guaranteed under part B 

and income-contingent and income-based repayment plans 

for loans made under part D.’’; and 

(B) by inserting after ‘‘tax-exempt organization.’’ the following: ‘‘The Secretary shall also provide information on 

loan forbearance, including the increase in debt that results 

from capitalization of interest.’’; and 

(2) by adding at the end the following: ‘‘(4) The Secretary shall widely publicize the location of the information described in paragraph (1) among the public, eligible institutions, and eligible lenders, and promote the use of such information by prospective students, enrolled students, families of prospective and enrolled students, and borrowers.’’. (d) DISCLOSURE OF ATHLETICALLY RELATED GRADUATION

RATES.—Section 485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read 

as follows: ‘‘(3) For purposes of this subsection, institutions may— ‘‘(A) exclude from the reporting requirements under 

paragraphs (1) and (2) the completion or graduation rates 

of students and student athletes who leave school to serve 

in the Armed Forces, on official church missions, or with 

a recognized foreign aid service of the Federal Government; 

or ‘‘(B) in cases where the students described in subparagraph (A) represent 20 percent or more of the certificate- or 

degree-seeking, full-time, undergraduate students at the institution, calculate the completion or graduation rates of 

such students by excluding from the calculations described 

in paragraph (1) the time period such students were not enrolled due to their service in the Armed Forces, on official 

church missions, or with a recognized foreign aid service of 

the Federal Government.’’. 

(e) CRIMINAL OFFENSES REPORTED.—Section 485(f) (20 U.S.C. 

1092(f)) is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by inserting ‘‘, other than a foreign institution higher education,’’

after ‘‘under this title’’; 

(B) in subparagraph (C), by striking clauses (i) and (ii) 

and inserting the following: 

‘‘(i) the law enforcement authority of campus security personnel; ‘‘(ii) the working relationship of campus security 

personnel with State and local law enforcement agencies, including whether the institution has agreements 

with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal 

offenses; and 


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‘‘(iii) policies which encourage accurate and 

prompt reporting of all crimes to the campus police 

and the appropriate law enforcement agencies.’’; 

(C) in subparagraph (F)(ii)— (i) by striking ‘‘clause (i), and’’ and inserting ‘‘clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of’’; and 

(ii) by inserting a comma after ‘‘any person’’; and 

(D) by adding at the end the following new subparagraph: ‘‘(J) A statement of current campus policies regarding 

immediate emergency response and evacuation procedures, 

including the use of electronic and cellular communication 

(if appropriate), which policies shall include procedures 

to— ‘‘(i) immediately notify the campus community 

upon the confirmation of a significant emergency or 

dangerous situation involving an immediate threat to 

the health or safety of students or staff occurring on the 

campus, as defined in paragraph (6), unless issuing a 

notification will compromise efforts to contain the 

emergency; ‘‘(ii) publicize emergency response and evacuation 

procedures on an annual basis in a manner designed 

to reach students and staff; and ‘‘(iii) test emergency response and evacuation procedures on an annual basis.’’; 

(2) by redesignating paragraph (15) as paragraph (18); and 

(3) by inserting after paragraph (14) the following: 

‘‘(15) The Secretary shall annually report to the authorizing 

committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on 

the Secretary’s monitoring of such compliance. 

‘‘(16) The Secretary may seek the advice and counsel of the 

Attorney General concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies. 

‘‘(17) Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this title to retaliate, intimidate, threaten, coerce, or otherwise discriminate 

against any individual with respect to the implementation of 

any provision of this subsection.’’. 

(f) REPORT.—Section 485(g)(4) (20 U.S.C. 1092(g)(4)) is amended—

(1) by striking subparagraph (B); 

(2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; 

(3) in subparagraph (B) (as redesignated by paragraph (2)), 

by striking ‘‘and the report to Congress described in subparagraph (B)’’; and 

(4) in subparagraph (C) (as redesignated by paragraph (2)), 

by striking ‘‘the information reported under subparagraph (B) 

and’’. 


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(g) ADDITIONAL REQUIREMENTS.—Section 485 (20 U.S.C. 1092) 

is further amended by adding at the end the following new subsections: ‘‘(h) TRANSFER OF CREDIT POLICIES.— ‘‘(1) DISCLOSURE.—Each institution of higher education 

participating in any program under this title shall publicly disclose, in a readable and comprehensible manner, the transfer of 

credit policies established by the institution which shall include 

a statement of the institution’s current transfer of credit policies 

that includes, at a minimum— ‘‘(A) any established criteria the institution uses regarding the transfer of credit earned at another institution 

of higher education; and ‘‘(B) a list of institutions of higher education with 

which the institution has established an articulation agreement. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to—

‘‘(A) authorize the Secretary or the National Advisory 

Committee on Institutional Quality and Integrity to require 

particular policies, procedures, or practices by institutions 

of higher education with respect to transfer of credit; 

‘‘(B) authorize an officer or employee of the Department 

to exercise any direction, supervision, or control over the 

curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any 

accrediting agency or association; 

‘‘(C) limit the application of the General Education 

Provisions Act; or 

‘‘(D) create any legally enforceable right on the part of 

a student to require an institution of higher education to 

accept a transfer of credit from another institution. 

‘‘(i) DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES.— ‘‘(1) ANNUAL FIRE SAFETY REPORTS ON STUDENT HOUSING

REQUIRED.—Each eligible institution participating in any program under this title that maintains on-campus student housing facilities shall, on an annual basis, publish a fire safety report, which shall contain information with respect to the campus fire safety practices and standards of that institution, including—

‘‘(A) statistics concerning the following in each on-campus student housing facility during the most recent calendar years for which data are available: ‘‘(i) the number of fires and the cause of each fire; 

‘‘(ii) the number of injuries related to a fire that result in treatment at a medical facility; ‘‘(iii) the number of deaths related to a fire; and 

‘‘(iv) the value of property damage caused by a fire; ‘‘(B) a description of each on-campus student housing 

facility fire safety system, including the fire sprinkler system; 

‘‘(C) the number of regular mandatory supervised fire 

drills; 

‘‘(D) policies or rules on portable electrical appliances, 

smoking, and open flames (such as candles), procedures for 


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evacuation, and policies regarding fire safety education and 

training programs provided to students, faculty, and staff; 

and 

‘‘(E) plans for future improvements in fire safety, if determined necessary by such institution. 

‘‘(2) REPORT TO THE SECRETARY.—Each eligible institution 

participating in any program under this title shall, on an annual basis, submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(A). 

‘‘(3) CURRENT INFORMATION TO CAMPUS COMMUNITY.—Each 

eligible institution participating in any program under this title 

shall—

‘‘(A) make, keep, and maintain a log, recording all fires 

in on-campus student housing facilities, including the nature, date, time, and general location of each fire; and 

‘‘(B) make annual reports to the campus community on 

such fires. 

‘‘(4) RESPONSIBILITIES OF THE SECRETARY.—The Secretary 

shall—

‘‘(A) make the statistics submitted under paragraph 

(1)(A) to the Secretary available to the public; and 

‘‘(B) in coordination with nationally recognized fire organizations and representatives of institutions of higher 

education, representatives of associations of institutions of 

higher education, and other organizations that represent 

and house a significant number of students—

‘‘(i) identify exemplary fire safety policies, procedures, programs, and practices, including the installation, to the technical standards of the National Fire 

Protection Association, of fire detection, prevention, 

and protection technologies in student housing, dormitories, and other buildings; 

‘‘(ii) disseminate the exemplary policies, procedures, programs and practices described in clause (i) to 

the Administrator of the United States Fire Administration; 

‘‘(iii) make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in the reduction of fires; 

and 

‘‘(iv) develop a protocol for institutions to review 

the status of their fire safety systems. 

‘‘(5) RULES OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to—

‘‘(A) authorize the Secretary to require particular policies, procedures, programs, or practices by institutions of 

higher education with respect to fire safety, other than with 

respect to the collection, reporting, and dissemination of information required by this subsection; 

‘‘(B) affect section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act 

of 1974) or the regulations issued under section 264 of the 

Health Insurance Portability and Accountability Act of 

1996 (42 U.S.C. 1320d–2 note); 


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‘‘(C) create a cause of action against any institution of 

higher education or any employee of such an institution for 

any civil liability; or 

‘‘(D) establish any standard of care. 

‘‘(6) COMPLIANCE REPORT.—The Secretary shall annually 

report to the authorizing committees regarding compliance with 

this subsection by institutions of higher education, including an 

up-to-date report on the Secretary’s monitoring of such compliance. 

‘‘(7) EVIDENCE.—Notwithstanding any other provision of 

law, evidence regarding compliance or noncompliance with this 

subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with 

respect to an action to enforce this subsection. 

‘‘(j) MISSING PERSON PROCEDURES.—

‘‘(1) OPTION AND PROCEDURES.—Each institution of higher 

education that provides on-campus housing and participates in 

any program under this title shall—

‘‘(A) establish a missing student notification policy for 

students who reside in on-campus housing that—

‘‘(i) informs each such student that such student 

has the option to identify an individual to be contacted 

by the institution not later than 24 hours after the time 

that the student is determined missing in accordance 

with official notification procedures established by the 

institution under subparagraph (B); 

‘‘(ii) provides each such student a means to register 

confidential contact information in the event that the 

student is determined to be missing for a period of 

more than 24 hours; 

‘‘(iii) advises each such student who is under 18 

years of age, and not an emancipated individual, that 

the institution is required to notify a custodial parent 

or guardian not later than 24 hours after the time that 

the student is determined to be missing in accordance 

with such procedures; 

‘‘(iv) informs each such residing student that the 

institution will notify the appropriate law enforcement 

agency not later than 24 hours after the time that the 

student is determined missing in accordance with such 

procedures; and 

‘‘(v) requires, if the campus security or law enforcement personnel has been notified and makes a determination that a student who is the subject of a missing 

person report has been missing for more than 24 hours 

and has not returned to the campus, the institution to 

initiate the emergency contact procedures in accordance 

with the student’s designation; and 

‘‘(B) establish official notification procedures for a 

missing student who resides in on-campus housing that—

‘‘(i) includes procedures for official notification of 

appropriate individuals at the institution that such 

student has been missing for more than 24 hours; 


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‘‘(ii) requires any official missing person report relating to such student be referred immediately to the 

institution’s police or campus security department; and 

‘‘(iii) if, on investigation of the official report, such 

department determines that the missing student has 

been missing for more than 24 hours, requires—

‘‘(I) such department to contact the individual 

identified by such student under subparagraph 

(A)(i); 

‘‘(II) if such student is under 18 years of age, 

and not an emancipated individual, the institution 

to immediately contact the custodial parent or 

legal guardian of such student; and 

‘‘(III) if subclauses (I) or (II) do not apply to a 

student determined to be a missing person, inform 

the appropriate law enforcement agency. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed—

‘‘(A) to provide a private right of action to any person 

to enforce any provision of this subsection; or 

‘‘(B) to create a cause of action against any institution 

of higher education or any employee of the institution for 

any civil liability. 

‘‘(k) NOTICE TO STUDENTS CONCERNING PENALTIES FOR DRUG

VIOLATIONS.—

‘‘(1) NOTICE UPON ENROLLMENT.—Each institution of higher education shall provide to each student, upon enrollment, a 

separate, clear, and conspicuous written notice that advises the 

student of the penalties under section 484(r). 

‘‘(2) NOTICE AFTER LOSS OF ELIGIBILITY.—An institution of 

higher education shall provide in a timely manner to each student who has lost eligibility for any grant, loan, or work-study 

assistance under this title as a result of the penalties listed 

under 484(r)(1) a separate, clear, and conspicuous written notice that notifies the student of the loss of eligibility and advises 

the student of the ways in which the student can regain eligibility under section 484(r)(2). 

‘‘(l) ENTRANCE COUNSELING FOR BORROWERS.—

‘‘(1) DISCLOSURE REQUIRED PRIOR TO DISBURSEMENT.—

‘‘(A) IN GENERAL.—Each eligible institution shall, at or 

prior to the time of a disbursement to a first-time borrower 

of a loan made, insured, or guaranteed under part B (other 

than a loan made pursuant to section 428C or a loan made 

on behalf of a student pursuant to section 428B) or made 

under part D (other than a Federal Direct Consolidation 

Loan or a Federal Direct PLUS loan made on behalf of a 

student), ensure that the borrower receives comprehensive 

information on the terms and conditions of the loan and of 

the responsibilities the borrower has with respect to such 

loan in accordance with subparagraph (B). Such information—

‘‘(i) shall be provided in a simple and understandable manner; and 

‘‘(ii) may be provided—


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‘‘(I) during an entrance counseling session conduction in person; ‘‘(II) on a separate written form provided to 

the borrower that the borrower signs and returns 

to the institution; or ‘‘(III) online, with the borrower acknowledging 

receipt of the information. ‘‘(B) USE OF INTERACTIVE PROGRAMS.—The Secretary 

shall encourage institutions to carry out the requirements of 

subparagraph (A) through the use of interactive programs 

that test the borrower’s understanding of the terms and 

conditions of the borrower’s loans under part B or D, using 

simple and understandable language and clear formatting. 

‘‘(2) INFORMATION TO BE PROVIDED.—The information to be 

provided to the borrower under paragraph (1)(A) shall include 

the following: 

‘‘(A) To the extent practicable, the effect of accepting the 

loan to be disbursed on the eligibility of the borrower for 

other forms of student financial assistance. 

‘‘(B) An explanation of the use of the master promissory 

note. 

‘‘(C) Information on how interest accrues and is capitalized during periods when the interest is not paid by either the borrower or the Secretary. 

‘‘(D) In the case of a loan made under section 428B or 

428H, a Federal Direct PLUS Loan, or a Federal Direct 

Unsubsidized Stafford Loan, the option of the borrower to 

pay the interest while the borrower is in school. 

‘‘(E) The definition of half-time enrollment at the institution, during regular terms and summer school, if applicable, and the consequences of not maintaining half-time 

enrollment. 

‘‘(F) An explanation of the importance of contacting the 

appropriate offices at the institution of higher education if 

the borrower withdraws prior to completing the borrower’s 

program of study so that the institution can provide exit 

counseling, including information regarding the borrower’s 

repayment options and loan consolidation. ‘‘(G) Sample monthly repayment amounts based on— ‘‘(i) a range of levels of indebtedness of— ‘‘(I) borrowers of loans under section 428 or 

428H; and ‘‘(II) as appropriate, graduate borrowers of 

loans under section 428, 428B, or 428H; or 

‘‘(ii) the average cumulative indebtedness of other 

borrowers in the same program as the borrower at the 

same institution. 

‘‘(H) The obligation of the borrower to repay the full 

amount of the loan, regardless of whether the borrower 

completes or does not complete the program in which the 

borrower is enrolled within the regular time for program 

completion. 

‘‘(I) The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection 

procedures under Federal law, and litigation. 


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‘‘(J) Information on the National Student Loan Data 

System and how the borrower can access the borrower’s 

records. ‘‘(K) The name of and contact information for the individual the borrower may contact if the borrower has any 

questions about the borrower’s rights and responsibilities or 

the terms and conditions of the loan.’’. 

SEC. 489. NATIONAL STUDENT LOAN DATA SYSTEM. 

Section 485B (20 U.S.C. 1092b) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (6) through (10) as 

paragraphs (7) through (11), respectively; 

(B) in paragraph (5) (as added by Public Law 101– 610), by striking ‘‘effectiveness.’’ and inserting ‘‘effectiveness;’’; and 

(C) by redesignating paragraph (5) (as added by Public 

Law 101–234) as paragraph (6); 

(2) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; and 

(3) by inserting after subsection (c) the following: ‘‘(d) PRINCIPLES FOR ADMINISTERING THE DATA SYSTEM.—In 

managing the National Student Loan Data System, the Secretary 

shall take actions necessary to maintain confidence in the data system, including, at a minimum— ‘‘(1) ensuring that the primary purpose of access to the data 

system by guaranty agencies, eligible lenders, and eligible institutions of higher education is for legitimate program operations, 

such as the need to verify the eligibility of a student, potential 

student, or parent for loans under part B, D, or E; ‘‘(2) prohibiting nongovernmental researchers and policy 

analysts from accessing personally identifiable information; ‘‘(3) creating a disclosure form for students and potential 

students that is distributed when such students complete the 

common financial reporting form under section 483, and as a 

part of the exit counseling process under section 485(b), that— ‘‘(A) informs the students that any title IV grant or 

loan the students receive will be included in the National 

Student Loan Data System, and instructs the students on 

how to access that information; ‘‘(B) describes the categories of individuals or entities 

that may access the data relating to such grant or loan 

through the data system, and for what purposes access is 

allowed; ‘‘(C) defines and explains the categories of information 

included in the data system; ‘‘(D) provides a summary of the provisions of section 

444 of the General Education Provisions Act (the Family 

Educational Rights and Privacy Act of 1974) and other applicable Federal privacy statutes, and a statement of the 

students’ rights and responsibilities with respect to such 

statutes; ‘‘(E) explains the measures taken by the Department to 

safeguard the students’ data; and ‘‘(F) includes other information as determined appropriate by the Secretary; 


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‘‘(4) requiring guaranty agencies, eligible lenders, and eligible institutions of higher education that enter into an agreement 

with a potential student, student, or parent of such student regarding a loan under part B, D, or E, to inform the student or 

parent that such loan shall be— ‘‘(A) submitted to the data system; and 

‘‘(B) accessible to guaranty agencies, eligible lenders, 

and eligible institutions of higher education determined by 

the Secretary to be authorized users of the data system; 

‘‘(5) regularly reviewing the data system to— ‘‘(A) delete inactive users from the data system; 

‘‘(B) ensure that the data in the data system are not 

being used for marketing purposes; and ‘‘(C) monitor the use of the data system by guaranty 

agencies and eligible lenders to determine whether an agency or lender is accessing the records of students in which 

the agency or lender has no existing financial interest; and 

‘‘(6) developing standardized protocols for limiting access to 

the data system that include— ‘‘(A) collecting data on the usage of the data system to 

monitor whether access has been or is being used contrary 

to the purposes of the data system; ‘‘(B) defining the steps necessary for determining 

whether, and how, to deny or restrict access to the data system; and ‘‘(C) determining the steps necessary to reopen access to 

the data system following a denial or restriction of access.’’; 

and 

(4) by striking subsection (e) (as redesignated by paragraph 

(1)) and inserting the following: 

‘‘(e) REPORTS TO CONGRESS.— ‘‘(1) ANNUAL REPORT.—Not later than September 30 of each 

fiscal year, the Secretary shall prepare and submit to the authorizing committees a report describing— ‘‘(A) the effectiveness of existing privacy safeguards in 

protecting student and parent information in the data system; ‘‘(B) the success of any new authorization protocols in 

more effectively preventing abuse of the data system; ‘‘(C) the ability of the Secretary to monitor how the system is being used, relative to the intended purposes of the 

data system; and ‘‘(D) any protocols developed under subsection (d)(6) 

during the preceding fiscal year. 

‘‘(2) STUDY.—

‘‘(A) IN GENERAL.—The Secretary shall conduct a study 

regarding—

‘‘(i) available mechanisms for providing students 

and parents with the ability to opt in or opt out of allowing eligible lenders to access their records in the 

National Student Loan Data System; and ‘‘(ii) appropriate protocols for limiting access to the 

data system, based on the risk assessment required 

under subchapter III of chapter 35 of title 44, United 

States Code. 


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‘‘(B) SUBMISSION OF STUDY.—Not later than three years 

after the date of enactment of the Higher Education Opportunity Act, the Secretary shall prepare and submit a report 

on the findings of the study under subparagraph (A) to the 

authorizing committees.’’. 

SEC. 490. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY. 

Part G of title IV (20 U.S.C. 1088 et seq.) is amended by inserting after section 485D (20 U.S.C. 1092c) the following: 

‘‘SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY. 

‘‘(a) IN GENERAL.—The Secretary shall implement, in cooperation with States, institutions of higher education, secondary schools, 

early intervention and outreach programs under this title, other 

agencies and organizations involved in student financial assistance 

and college access, public libraries, community centers, employers, 

and businesses, a comprehensive system of early financial aid information in order to provide students and families with early information about financial aid and early estimates of such students’ eligibility for financial aid from multiple sources. Such system shall 

include the activities described in subsection (b). 

‘‘(b) COMMUNICATION OF AVAILABILITY OF AID AND AID ELIGIBILITY.—

‘‘(1) STUDENTS WHO RECEIVE BENEFITS.—The Secretary 

shall—

‘‘(A) make special efforts to notify students who receive 

or are eligible to receive benefits under a Federal meanstested benefit program (including the supplemental nutrition assistance program under the Food and Nutrition Act 

of 2008 (7 U.S.C. 2011 et seq.)), or another such benefit 

program as determined by the Secretary, of such students’

potential eligibility for a maximum Federal Pell Grant 

under subpart 1 of part A; and 

‘‘(B) disseminate such informational materials, that are 

part of the system described in subsection (a), as the Secretary determines necessary. 

‘‘(2) SECONDARY SCHOOL STUDENTS.—The Secretary, in cooperation with States, institutions of higher education, other organizations involved in college access and student financial aid, 

secondary schools, and programs under this title that serve secondary school students, shall make special efforts to notify students in secondary school and their families, as early as possible but not later than such students’ junior year of secondary 

school, of the availability of financial aid under this title and 

shall provide nonbinding estimates of the amounts of grant and 

loan aid that an individual may be eligible for under this title 

upon completion of an application form under section 483(a). 

The Secretary shall ensure that such information is as accurate 

as possible and that such information is provided in an age-appropriate format using dissemination mechanisms suitable for 

students in secondary school. 

‘‘(3) ADULT LEARNERS.—The Secretary, in cooperation with 

States, institutions of higher education, other organizations involved in college access and student financial aid, employers, 

workforce investment boards, and public libraries, shall make 

special efforts to provide individuals who would qualify as 


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independent students, as defined in section 480(d), with information regarding the availability of financial aid under this 

title and with nonbinding estimates of the amounts of grant 

and loan aid that an individual may be eligible for under this 

title upon completion of an application form under section 

483(a). The Secretary shall ensure that such information— ‘‘(A) is as accurate as possible; 

‘‘(B) includes specific information regarding the availability of financial aid for students qualified as independent students, as defined in section 480(d); and ‘‘(C) uses dissemination mechanisms suitable for adult 

learners. 

‘‘(4) PUBLIC AWARENESS CAMPAIGN.—Not later than two 

years after the date of enactment of the Higher Education Opportunity Act, the Secretary, in coordination with States, institutions of higher education, early intervention and outreach 

programs under this title, other agencies and organizations involved in college access and student financial aid, secondary 

schools, organizations that provide services to individuals that 

are or were homeless, to individuals in foster care, or to other 

disconnected individuals, local educational agencies, public libraries, community centers, businesses, employers, employment 

services, workforce investment boards, and movie theaters, shall 

implement a public awareness campaign in order to increase 

national awareness regarding the availability of financial aid 

under this title. The public awareness campaign shall disseminate accurate information regarding the availability of financial aid under this title and shall be implemented, to the extent 

practicable, using a variety of media, including print, television, radio, and the Internet. The Secretary shall design and 

implement the public awareness campaign based upon relevant 

independent research and the information and dissemination 

strategies found most effective in implementing paragraphs (1) 

through (3).’’. 

SEC. 491. DISTANCE EDUCATION DEMONSTRATION PROGRAMS. 

Section 486(f)(3) (20 U.S.C. 1093(f)(3)) is amended—

(1) in subparagraph (B), by redesignating clauses (i) and 

(ii) as subparagraphs (A) and (B), respectively, and adjusting 

the margins accordingly; and 

(2) by striking ‘‘REPORTS.—’’ and all that follows through 

‘‘House of Representatives on an annual basis’’ and inserting 

‘‘ANNUAL REPORTS.—The Secretary shall provide reports to the 

authorizing committees on an annual basis’’. 

SEC. 492. ARTICULATION AGREEMENTS. 

Part G of title IV is further amended by inserting after section 

486 (20 U.S.C. 1093) the following new section: 

‘‘SEC. 486A. ARTICULATION AGREEMENTS. 

‘‘(a) DEFINITION.—In this section, the term ‘articulation agreement’ means an agreement between or among institutions of higher 

education that specifies the acceptability of courses in transfer toward meeting specific degree or program requirements. 

‘‘(b) PROGRAM TO ENCOURAGE ARTICULATION AGREEMENTS.—

‘‘(1) PROGRAM ESTABLISHED.—The Secretary shall carry out 

a program for States, in cooperation with public institutions of 


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higher education, to develop, enhance, and implement comprehensive articulation agreements between or among such institutions in a State, and (to the extent practicable) across State 

lines, by 2010. Such articulation agreements shall be made 

widely and publicly available on the websites of States and 

such institutions. In developing, enhancing, and implementing 

articulation agreements, States and public institutions of higher 

education may employ strategies, where applicable, including—

‘‘(A) common course numbering; 

‘‘(B) a general education core curriculum; 

‘‘(C) management systems regarding course equivalency, transfer of credit, and articulation; and 

‘‘(D) other strategies identified by the Secretary. 

‘‘(2) TECHNICAL ASSISTANCE PROVIDED.—The Secretary 

shall provide technical assistance to States and public institutions of higher education for the purposes of developing and implementing articulation agreements in accordance with this 

subsection. 

‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher 

education with respect to articulation agreements.’’. 

SEC. 493. PROGRAM PARTICIPATION AGREEMENTS. 

(a) PROGRAM PARTICIPATION AGREEMENT REQUIREMENTS.—

(1) VOTER REGISTRATION; 90–10 RULE; CODE OF CONDUCT; 

DISCIPLINARY PROCEEDINGS; PREFERRED LENDER LISTS; PRIVATE

EDUCATION LOAN CERTIFICATION; COPYRIGHTED MATERIAL.—

(A) AMENDMENT.—Section 487(a) (20 U.S.C. 1094(a)) is 

amended—

(i) in paragraph (23)—

(I) by moving subparagraph (C) two ems to the 

left; and 

(II) by adding at the end the following: 

‘‘(D) The institution shall be considered in compliance 

with the requirements of subparagraph (A) for each student 

to whom the institution electronically transmits a message 

containing a voter registration form acceptable for use in 

the State in which the institution is located, or an Internet 

address where such a form can be downloaded, if such information is in an electronic message devoted exclusively to 

voter registration.’’; and 

(ii) by adding at the end the following: 

‘‘(24) In the case of a proprietary institution of higher education (as defined in section 102(b)), such institution will derive 

not less than ten percent of such institution’s revenues from 

sources other than funds provided under this title, as calculated 

in accordance with subsection (d)(1), or will be subject to the 

sanctions described in subsection (d)(2). 

‘‘(25) In the case of an institution that participates in a 

loan program under this title, the institution will—

‘‘(A) develop a code of conduct with respect to such 

loans with which the institution’s officers, employees, and 

agents shall comply, that—


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‘‘(i) prohibits a conflict of interest with the responsibilities of an officer, employee, or agent of an institution with respect to such loans; and ‘‘(ii) at a minimum, includes the provisions described in subsection (e); 

‘‘(B) publish such code of conduct prominently on the 

institution’s website; and ‘‘(C) administer and enforce such code by, at a minimum, requiring that all of the institution’s officers, employees, and agents with responsibilities with respect to 

such loans be annually informed of the provisions of the 

code of conduct. 

‘‘(26) The institution will, upon written request, disclose to 

the alleged victim of any crime of violence (as that term is defined in section 16 of title 18, United States Code), or a nonforcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is 

the alleged perpetrator of such crime or offense with respect to 

such crime or offense. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next 

of kin of such victim shall be treated as the alleged victim for 

purposes of this paragraph. ‘‘(27) In the case of an institution that has entered into a 

preferred lender arrangement, the institution will at least annually compile, maintain, and make available for students attending the institution, and the families of such students, a list, in 

print or other medium, of the specific lenders for loans made, 

insured, or guaranteed under this title or private education 

loans that the institution recommends, promotes, or endorses in 

accordance with such preferred lender arrangement. In making 

such list, the institution shall comply with the requirements of 

subsection (h). ‘‘(28)(A) The institution will, upon the request of an applicant for a private education loan, provide to the applicant the 

form required under section 128(e)(3) of the Truth in Lending 

Act (15 U.S.C. 1638(e)(3)), and the information required to complete such form, to the extent the institution possesses such information. 

‘‘(B) For purposes of this paragraph, the term ‘private education loan’ has the meaning given such term in section 140 of 

the Truth in Lending Act. 

‘‘(29) The institution certifies that the institution—

‘‘(A) has developed plans to effectively combat the unauthorized distribution of copyrighted material, including 

through the use of a variety of technology-based deterrents; 

and 

‘‘(B) will, to the extent practicable, offer alternatives to 

illegal downloading or peer-to-peer distribution of intellectual property, as determined by the institution in consultation with the chief technology officer or other designated officer of the institution.’’. 

(B) EFFECTIVE DATE.—The amendment made by subparagraph (A) with respect to section 487(a)(26) of the 

Higher Education Act of 1965 (as added by subparagraph 

(A)) shall apply with respect to any disciplinary proceeding 


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conducted by an institution on or after the day that is one 

year after the date of enactment of this Act. 

(b) AUDITS; FINANCIAL RESPONSIBILITY; ENFORCEMENT OF

STANDARDS.—Section 487(c)(1)(A)(i) (20 U.S.C. 1094(c)(1)(A)(i)) is 

amended by inserting before the semicolon at the end the following: 

‘‘, except that the Secretary may modify the requirements of this 

clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to 

a foreign institution whose students receives less than $500,000 in 

loans under this title during the award year preceding the audit period’’. 

(c) IMPLEMENTATION OF NON-TITLE IV REVENUE REQUIREMENT; 

CODE OF CONDUCT; INSTITUTIONAL REQUIREMENTS FOR TEACHOUTS; INSPECTOR GENERAL REPORT ON GIFT BAN VIOLATIONS; PREFERRED LENDER LIST REQUIREMENTS.—Section 487 (20 U.S.C. 

1094) is further amended—

(1) by redesignating subsections (d) and (e) as subsections 

(i) and (j), respectively; and 

(2) by inserting after subsection (c) the following: 

‘‘(d) IMPLEMENTATION OF NON-TITLE IV REVENUE REQUIRE- MENT.— ‘‘(1) CALCULATION.—In making calculations under subsection (a)(24), a proprietary institution of higher education 

shall— ‘‘(A) use the cash basis of accounting, except in the case 

of loans described in subparagraph (D)(i) that are made by 

the proprietary institution of higher education; ‘‘(B) consider as revenue only those funds generated by 

the institution from— ‘‘(i) tuition, fees, and other institutional charges for 

students enrolled in programs eligible for assistance 

under this title; ‘‘(ii) activities conducted by the institution that are 

necessary for the education and training of the institution’s students, if such activities are—

‘‘(I) conducted on campus or at a facility under 

the control of the institution; 

‘‘(II) performed under the supervision of a 

member of the institution’s faculty; and 

‘‘(III) required to be performed by all students 

in a specific educational program at the institution; and 

‘‘(iii) funds paid by a student, or on behalf of a student by a party other than the institution, for an education or training program that is not eligible for 

funds under this title, if the program—

‘‘(I) is approved or licensed by the appropriate 

State agency; 

‘‘(II) is accredited by an accrediting agency 

recognized by the Secretary; or 

‘‘(III) provides an industry-recognized credential or certification; 

‘‘(C) presume that any funds for a program under this 

title that are disbursed or delivered to or on behalf of a student will be used to pay the student’s tuition, fees, or other 


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institutional charges, regardless of whether the institution 

credits those funds to the student’s account or pays those 

funds directly to the student, except to the extent that the 

student’s tuition, fees, or other institutional charges are satisfied by—

‘‘(i) grant funds provided by non-Federal public 

agencies or private sources independent of the institution; ‘‘(ii) funds provided under a contractual arrangement with a Federal, State, or local government agency 

for the purpose of providing job training to low-income 

individuals who are in need of that training; ‘‘(iii) funds used by a student from savings plans 

for educational expenses established by or on behalf of 

the student and which qualify for special tax treatment 

under the Internal Revenue Code of 1986; or ‘‘(iv) institutional scholarships described in subparagraph (D)(iii); 

‘‘(D) include institutional aid as revenue to the school 

only as follows: ‘‘(i) in the case of loans made by a proprietary institution of higher education on or after July 1, 2008 

and prior to July 1, 2012, the net present value of such 

loans made by the institution during the applicable institutional fiscal year accounted for on an accrual basis 

and estimated in accordance with generally accepted 

accounting principles and related standards and guidance, if the loans— ‘‘(I) are bona fide as evidenced by enforceable 

promissory notes; ‘‘(II) are issued at intervals related to the institution’s enrollment periods; and 

‘‘(III) are subject to regular loan repayments 

and collections; 

‘‘(ii) in the case of loans made by a proprietary institution of higher education on or after July 1, 2012, 

only the amount of loan repayments received during 

the applicable institutional fiscal year, excluding repayments on loans made and accounted for as specified 

in clause (i); and 

‘‘(iii) in the case of scholarships provided by a proprietary institution of higher education, only those 

scholarships provided by the institution in the form of 

monetary aid or tuition discounts based upon the academic achievements or financial need of students, disbursed during each fiscal year from an established restricted account, and only to the extent that funds in 

that account represent designated funds from an outside source or from income earned on those funds; 

‘‘(E) in the case of each student who receives a loan on 

or after July 1, 2008, and prior to July 1, 2011, that is authorized under section 428H or that is a Federal Direct Unsubsidized Stafford Loan, treat as revenue received by the 

institution from sources other than funds received under 

this title, the amount by which the disbursement of such 


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loan received by the institution exceeds the limit on such 

loan in effect on the day before the date of enactment of the 

Ensuring Continued Access to Student Loans Act of 2008; 

and 

‘‘(F) exclude from revenues—

‘‘(i) the amount of funds the institution received 

under part C, unless the institution used those funds 

to pay a student’s institutional charges; 

‘‘(ii) the amount of funds the institution received 

under subpart 4 of part A; 

‘‘(iii) the amount of funds provided by the institution as matching funds for a program under this title; 

‘‘(iv) the amount of funds provided by the institution for a program under this title that are required to 

be refunded or returned; and 

‘‘(v) the amount charged for books, supplies, and 

equipment, unless the institution includes that amount 

as tuition, fees, or other institutional charges. 

‘‘(2) SANCTIONS.—

‘‘(A) INELIGIBILITY.—A proprietary institution of higher 

education that fails to meet a requirement of subsection 

(a)(24) for two consecutive institutional fiscal years shall be 

ineligible to participate in the programs authorized by this 

title for a period of not less than two institutional fiscal 

years. To regain eligibility to participate in the programs 

authorized by this title, a proprietary institution of higher 

education shall demonstrate compliance with all eligibility 

and certification requirements under section 498 for a minimum of two institutional fiscal years after the institutional 

fiscal year in which the institution became ineligible. 

‘‘(B) ADDITIONAL ENFORCEMENT.—In addition to such 

other means of enforcing the requirements of this title as 

may be available to the Secretary, if a proprietary institution of higher education fails to meet a requirement of subsection (a)(24) for any institutional fiscal year, then the institution’s eligibility to participate in the programs authorized by this title becomes provisional for the two institutional fiscal years after the institutional fiscal year in 

which the institution failed to meet the requirement of subsection (a)(24), except that such provisional eligibility shall 

terminate—

‘‘(i) on the expiration date of the institution’s program participation agreement under this subsection 

that is in effect on the date the Secretary determines 

that the institution failed to meet the requirement of 

subsection (a)(24); or 

‘‘(ii) in the case that the Secretary determines that 

the institution failed to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal 

years, on the date the institution is determined ineligible in accordance with subparagraph (A). 

‘‘(3) PUBLICATION ON COLLEGE NAVIGATOR WEBSITE.—The 

Secretary shall publicly disclose on the College Navigator 

website—


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‘‘(A) the identity of any proprietary institution of higher 

education that fails to meet a requirement of subsection 

(a)(24); and 

‘‘(B) the extent to which the institution failed to meet 

such requirement. 

‘‘(4) REPORT TO CONGRESS.—Not later than July 1, 2009, 

and July 1 of each succeeding year, the Secretary shall submit 

to the authorizing committees a report that contains, for each 

proprietary institution of higher education that receives assistance under this title, as provided in the audited financial statements submitted to the Secretary by each institution pursuant 

to the requirements of subsection (a)(24)—

‘‘(A) the amount and percentage of such institution’s 

revenues received from sources under this title; and 

‘‘(B) the amount and percentage of such institution’s 

revenues received from other sources. 

‘‘(e) CODE OF CONDUCT REQUIREMENTS.—An institution of higher education’s code of conduct, as required under subsection (a)(25), 

shall include the following requirements: 

‘‘(1) BAN ON REVENUE-SHARING ARRANGEMENTS.—

‘‘(A) PROHIBITION.—The institution shall not enter into 

any revenue-sharing arrangement with any lender. 

‘‘(B) DEFINITION.—For purposes of this paragraph, the 

term ‘revenue-sharing arrangement’ means an arrangement 

between an institution and a lender under which—

‘‘(i) a lender provides or issues a loan that is made, 

insured, or guaranteed under this title to students attending the institution or to the families of such students; and 

‘‘(ii) the institution recommends the lender or the 

loan products of the lender and in exchange, the lender 

pays a fee or provides other material benefits, including revenue or profit sharing, to the institution, an officer or employee of the institution, or an agent. 

‘‘(2) GIFT BAN.—

‘‘(A) PROHIBITION.—No officer or employee of the institution who is employed in the financial aid office of the institution or who otherwise has responsibilities with respect 

to education loans, or agent who has responsibilities with 

respect to education loans, shall solicit or accept any gift 

from a lender, guarantor, or servicer of education loans. 

‘‘(B) DEFINITION OF GIFT.—

‘‘(i) IN GENERAL.—In this paragraph, the term ‘gift’

means any gratuity, favor, discount, entertainment, 

hospitality, loan, or other item having a monetary 

value of more than a de minimus amount. The term includes a gift of services, transportation, lodging, or 

meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. 

‘‘(ii) EXCEPTIONS.—The term ‘gift’ shall not include 

any of the following: 

‘‘(I) Standard material, activities, or programs 

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fault prevention, or financial literacy, such as a 

brochure, a workshop, or training. ‘‘(II) Food, refreshments, training, or informational material furnished to an officer or employee 

of an institution, or to an agent, as an integral 

part of a training session that is designed to improve the service of a lender, guarantor, or servicer 

of education loans to the institution, if such training contributes to the professional development of 

the officer, employee, or agent. ‘‘(III) Favorable terms, conditions, and borrower benefits on an education loan provided to a 

student employed by the institution if such terms, 

conditions, or benefits are comparable to those provided to all students of the institution. ‘‘(IV) Entrance and exit counseling services 

provided to borrowers to meet the institution’s responsibilities for entrance and exit counseling as 

required by subsections (b) and (l) of section 485, 

as long as—

‘‘(aa) the institution’s staff are in control 

of the counseling, (whether in person or via 

electronic capabilities); and ‘‘(bb) such counseling does not promote the 

products or services of any specific lender. 

‘‘(V) Philanthropic contributions to an institution from a lender, servicer, or guarantor of education loans that are unrelated to education loans 

or any contribution from any lender, guarantor, or 

servicer that is not made in exchange for any advantage related to education loans. ‘‘(VI) State education grants, scholarships, or 

financial aid funds administered by or on behalf of 

a State. 

‘‘(iii) RULE FOR GIFTS TO FAMILY MEMBERS.—For 

purposes of this paragraph, a gift to a family member 

of an officer or employee of an institution, to a family 

member of an agent, or to any other individual based 

on that individual’s relationship with the officer, employee, or agent, shall be considered a gift to the officer, 

employee, or agent if— ‘‘(I) the gift is given with the knowledge and 

acquiescence of the officer, employee, or agent; and ‘‘(II) the officer, employee, or agent has reason 

to believe the gift was given because of the official 

position of the officer, employee, or agent. ‘‘(3) CONTRACTING ARRANGEMENTS PROHIBITED.—

‘‘(A) PROHIBITION.—An officer or employee who is employed in the financial aid office of the institution or who 

otherwise has responsibilities with respect to education 

loans, or an agent who has responsibilities with respect to 

education loans, shall not accept from any lender or affiliate of any lender any fee, payment, or other financial benefit (including the opportunity to purchase stock) as compensation for any type of consulting arrangement or other 


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contract to provide services to a lender or on behalf of a 

lender relating to education loans. ‘‘(B) EXCEPTIONS.—Nothing in this subsection shall be 

construed as prohibiting— ‘‘(i) an officer or employee of an institution who is 

not employed in the institution’s financial aid office 

and who does not otherwise have responsibilities with 

respect to education loans, or an agent who does not 

have responsibilities with respect to education loans, 

from performing paid or unpaid service on a board of 

directors of a lender, guarantor, or servicer of education loans; ‘‘(ii) an officer or employee of the institution who is 

not employed in the institution’s financial aid office but 

who has responsibility with respect to education loans 

as a result of a position held at the institution, or an 

agent who has responsibility with respect to education 

loans, from performing paid or unpaid service on a 

board of directors of a lender, guarantor, or servicer of 

education loans, if the institution has a written conflict 

of interest policy that clearly sets forth that officers, 

employees, or agents must recuse themselves from participating in any decision of the board regarding education loans at the institution; or ‘‘(iii) an officer, employee, or contractor of a lender, 

guarantor, or servicer of education loans from serving 

on a board of directors, or serving as a trustee, of an 

institution, if the institution has a written conflict of 

interest policy that the board member or trustee must 

recuse themselves from any decision regarding education loans at the institution. ‘‘(4) INTERACTION WITH BORROWERS.—The institution shall 

not— ‘‘(A) for any first-time borrower, assign, through award 

packaging or other methods, the borrower’s loan to a particular lender; or ‘‘(B) refuse to certify, or delay certification of, any loan 

based on the borrower’s selection of a particular lender or 

guaranty agency. 

‘‘(5) PROHIBITION ON OFFERS OF FUNDS FOR PRIVATE

LOANS.—

‘‘(A) PROHIBITION.—The institution shall not request or 

accept from any lender any offer of funds to be used for private education loans (as defined in section 140 of the Truth 

in Lending Act), including funds for an opportunity pool 

loan, to students in exchange for the institution providing 

concessions or promises regarding providing the lender 

with—

‘‘(i) a specified number of loans made, insured, or 

guaranteed under this title; ‘‘(ii) a specified loan volume of such loans; or 

‘‘(iii) a preferred lender arrangement for such 

loans. 

‘‘(B) DEFINITION OF OPPORTUNITY POOL LOAN.—In this 

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vate education loan made by a lender to a student attending the institution or the family member of such a student 

that involves a payment, directly or indirectly, by such institution of points, premiums, additional interest, or financial support to such lender for the purpose of such lender 

extending credit to the student or the family. 

‘‘(6) BAN ON STAFFING ASSISTANCE.— ‘‘(A) PROHIBITION.—The institution shall not request or 

accept from any lender any assistance with call center staffing or financial aid office staffing. ‘‘(B) CERTAIN ASSISTANCE PERMITTED.—Nothing in 

paragraph (1) shall be construed to prohibit the institution 

from requesting or accepting assistance from a lender related to—

‘‘(i) professional development training for financial 

aid administrators; ‘‘(ii) providing educational counseling materials, financial literacy materials, or debt management materials to borrowers, provided that such materials disclose to borrowers the identification of any lender that 

assisted in preparing or providing such materials; or ‘‘(iii) staffing services on a short-term, nonrecurring basis to assist the institution with financial 

aid-related functions during emergencies, including 

State-declared or federally declared natural disasters, 

federally declared national disasters, and other localized disasters and emergencies identified by the Secretary. ‘‘(7) ADVISORY BOARD COMPENSATION.—Any employee who 

is employed in the financial aid office of the institution, or who 

otherwise has responsibilities with respect to education loans or 

other student financial aid of the institution, and who serves on 

an advisory board, commission, or group established by a lender, guarantor, or group of lenders or guarantors, shall be prohibited from receiving anything of value from the lender, guarantor, or group of lenders or guarantors, except that the employee may be reimbursed for reasonable expenses incurred in 

serving on such advisory board, commission, or group. 

‘‘(f) INSTITUTIONAL REQUIREMENTS FOR TEACH-OUTS.— ‘‘(1) IN GENERAL.—In the event the Secretary initiates the 

limitation, suspension, or termination of the participation of an 

institution of higher education in any program under this title 

under the authority of subsection (c)(1)(F) or initiates an emergency action under the authority of subsection (c)(1)(G) and its 

prescribed regulations, the Secretary shall require that institution to prepare a teach-out plan for submission to the institution’s accrediting agency or association in compliance with section 496(c)(4), the Secretary’s regulations on teach-out plans, 

and the standards of the institution’s accrediting agency or association. ‘‘(2) TEACH-OUT PLAN DEFINED.—In this subsection, the 

term ‘teach-out plan’ means a written plan that provides for the 

equitable treatment of students if an institution of higher education ceases to operate before all students have completed their 

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tion’s accrediting agency or association, an agreement between 

institutions for such a teach-out plan. 

‘‘(g) INSPECTOR GENERAL REPORT ON GIFT BAN VIOLATIONS.— The Inspector General of the Department shall— ‘‘(1) submit an annual report to the authorizing committees 

identifying all violations of an institution’s code of conduct that 

the Inspector General has substantiated during the preceding 

year relating to the gift ban provisions described in subsection 

(f)(2); and ‘‘(2) make the report available to the public through the Department’s website. ‘‘(h) PREFERRED LENDER LIST REQUIREMENTS.—

‘‘(1) IN GENERAL.—In compiling, maintaining, and making 

available a preferred lender list as required under subsection 

(a)(27), the institution will—

‘‘(A) clearly and fully disclose on such preferred lender 

list—

‘‘(i) not less than the information required to be 

disclosed under section 153(a)(2)(A); 

‘‘(ii) why the institution has entered into a preferred lender arrangement with each lender on the preferred lender list, particularly with respect to terms 

and conditions or provisions favorable to the borrower; 

and 

‘‘(iii) that the students attending the institution, or 

the families of such students, do not have to borrow 

from a lender on the preferred lender list; 

‘‘(B) ensure, through the use of the list of lender affiliates provided by the Secretary under paragraph (2), that—

‘‘(i) there are not less than three lenders of loans 

made under part B that are not affiliates of each other 

included on the preferred lender list and, if the institution recommends, promotes, or endorses private education loans, there are not less than two lenders of private education loans that are not affiliates of each 

other included on the preferred lender list; and 

‘‘(ii) the preferred lender list under this paragraph—

‘‘(I) specifically indicates, for each listed lender, whether the lender is or is not an affiliate of 

each other lender on the preferred lender list; and 

‘‘(II) if a lender is an affiliate of another lender on the preferred lender list, describes the details 

of such affiliation; 

‘‘(C) prominently disclose the method and criteria used 

by the institution in selecting lenders with which to enter 

into preferred lender arrangements to ensure that such 

lenders are selected on the basis of the best interests of the 

borrowers, including—

‘‘(i) payment of origination or other fees on behalf 

of the borrower; 

‘‘(ii) highly competitive interest rates, or other 

terms and conditions or provisions of loans under this 

title or private education loans; 

‘‘(iii) high-quality servicing for such loans; or 


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‘‘(iv) additional benefits beyond the standard terms 

and conditions or provisions for such loans; 

‘‘(D) exercise a duty of care and a duty of loyalty to 

compile the preferred lender list under this paragraph 

without prejudice and for the sole benefit of the students attending the institution, or the families of such students; ‘‘(E) not deny or otherwise impede the borrower’s choice 

of a lender or cause unnecessary delay in loan certification 

under this title for those borrowers who choose a lender 

that is not included on the preferred lender list; and ‘‘(F) comply with such other requirements as the Secretary may prescribe by regulation. 

‘‘(2) LENDER AFFILIATES LIST.— ‘‘(A) IN GENERAL.—The Secretary shall maintain and 

regularly update a list of lender affiliates of all eligible 

lenders, and shall provide such list to institutions for use 

in carrying out paragraph (1)(B). ‘‘(B) USE OF MOST RECENT LIST.—An institution shall 

use the most recent list of lender affiliates provided by the 

Secretary under subparagraph (A) in carrying out paragraph (1)(B).’’. (d) DEFINITIONS.—Section 487(i) (as redesignated by subsection 

(c)(1)) (20 U.S.C. 1087(i)) is further amended— (1) by striking ‘‘(i) DEFINITION OF ELIGIBLE INSTITUTION.— For the purpose of this section, the’’ and inserting the following: ‘‘(i) DEFINITIONS.—For the purpose of this section: ‘‘(1) AGENT.—The term ‘agent’ has the meaning given the 

term in section 151. ‘‘(2) AFFILIATE.—The term ‘affiliate’ means a person that 

controls, is controlled by, or is under common control with another person. A person controls, is controlled by, or is under 

common control with another person if— ‘‘(A) the person directly or indirectly, or acting through 

one or more others, owns, controls, or has the power to vote 

five percent or more of any class of voting securities of such 

other person; ‘‘(B) the person controls, in any manner, the election of 

a majority of the directors or trustees of such other person; 

or ‘‘(C) the Secretary determines (after notice and opportunity for a hearing) that the person directly or indirectly 

exercises a controlling interest over the management or 

policies of such other person’s education loans. 

‘‘(3) EDUCATION LOAN.—The term ‘education loan’ has the 

meaning given the term in section 151. 

‘‘(4) ELIGIBLE INSTITUTION.—The’’; and 

(2) by adding at the end the following new paragraph: 

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

term in section 151. 

‘‘(6) PREFERRED LENDER ARRANGEMENT.—The term ‘preferred lender arrangement’ has the meaning given the term in 

section 151.’’. 

SEC. 494. REGULATORY RELIEF AND IMPROVEMENT. 

Section 487A(b) (20 U.S.C. 1094a(b)) is amended—

(1) by amending paragraph (1) to read as follows: 


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‘‘(1) IN GENERAL.—The Secretary shall continue the voluntary participation of any experimental sites in existence as of 

July 1, 2007, unless the Secretary determines that such site’s 

participation has not been successful in carrying out the purposes of this section. Any activities approved by the Secretary 

prior to such date that have not been successful in carrying out 

the purposes of this section shall be discontinued not later than 

June 30, 2009.’’; 

(2) in paragraph (2), by striking the matter preceding subparagraph (A) and inserting the following: 

‘‘(2) REPORT.—The Secretary shall review and evaluate the 

experience of institutions participating as experimental sites 

and shall, on a biennial basis, submit a report based on the review and evaluation to the authorizing committees. Such report 

shall include—’’; and 

(3) in paragraph (3)—

(A) in subparagraph (A)—

(i) by striking ‘‘Upon the submission of the report 

required by paragraph (2), the’’ and inserting ‘‘The’’; 

and 

(ii) by inserting ‘‘periodically’’ after ‘‘authorized to’’; 

(B) by striking subparagraph (B); 

(C) by redesignating subparagraph (C) as subparagraph (B); and 

(D) in subparagraph (B) (as redesignated by subparagraph (C))—

(i) by inserting ‘‘, including requirements related to 

the award process and disbursement of student financial aid (such as innovative delivery systems for modular or compressed courses, or other innovative systems), verification of student financial aid application 

data, entrance and exit interviews, or other management procedures or processes as determined in the negotiated rulemaking process under section 492’’ after 

‘‘requirements in this title’’; 

(ii) by inserting ‘‘(other than an award rule related 

to an experiment in modular or compressed schedules)’’

after ‘‘award rules’’; and 

(iii) by inserting ‘‘unless the waiver of such provisions is authorized by another provision under this 

title’’ before the period at the end. 

SEC. 494A. TRANSFER OF ALLOTMENTS. 

Section 488 (20 U.S.C. 1095) is amended in the first sentence—

(1) in paragraph (1), by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (2), by striking ‘‘413D.’’ and inserting 

‘‘413D or 462 (or both); and’’; and 

(3) by adding at the end ‘‘(3) transfer 25 percent of the institution’s allotment under section 413D to the institution’s allotment under section 442.’’. 

SEC. 494B. PURPOSE OF ADMINISTRATIVE PAYMENTS. 

Section 489(b)(1) (20 U.S.C. 1096(b)(1)) is amended by striking 

‘‘offsetting the administrative costs of’’ and inserting ‘‘administering’’. 


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SEC. 494C. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE. 

(a) AMENDMENTS.—Section 491 (20 U.S.C. 1098) is amended—

(1) in subsection (a)(2)—

(A) in subparagraph (B), by striking ‘‘and’’ after the 

semicolon; 

(B) in subparagraph (C), by striking the period and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(D) to provide knowledge and understanding of early 

intervention programs, and to make recommendations that 

will result in early awareness by low- and moderate-income 

students and families—

‘‘(i) of their eligibility for assistance under this 

title; and 

‘‘(ii) to the extent practicable, of their eligibility for 

other forms of State and institutional need-based student assistance; 

‘‘(E) to make recommendations that will expand and 

improve partnerships among the Federal Government, 

States, institutions of higher education, and private entities 

to increase the awareness and the total amount of needbased student assistance available to low- and moderate-income students; and 

‘‘(F) to collect information on Federal regulations, and 

on the impact of Federal regulations on student financial 

assistance and on the cost of receiving a postsecondary education, and to make recommendations to help streamline 

the regulations for institutions of higher education from all 

sectors.’’; 

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

new subsection: 

‘‘(c) MEMBERSHIP.—(1) The Advisory Committee shall consist of 

11 members appointed as follows: 

‘‘(A) Four members shall be appointed by the President pro 

tempore of the Senate, of whom two members shall be appointed 

from recommendations by the Majority Leader of the Senate, 

and two members shall be appointed from recommendations by 

the Minority Leader of the Senate. 

‘‘(B) Four members shall be appointed by the Speaker of the 

House of Representatives, of whom two members shall be appointed from recommendations by the Majority Leader of the 

House of Representatives, and two members shall be appointed 

from recommendations by the Minority Leader of the House of 

Representatives. 

‘‘(C) Three members shall be appointed by the Secretary, of 

whom at least one member shall be a student. 

‘‘(2) Each member of the Advisory Committee, with the exception 

of a student member, shall be appointed on the basis of technical 

qualifications, professional experience, and demonstrated knowledge 

in the fields of higher education, student financial aid, financing 

post-secondary education, and the operations and financing of student loan guarantee agencies. 


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‘‘(3) The appointment of a member under subparagraph (A) or 

(B) of paragraph (1) shall be effective upon publication of such appointment in the Congressional Record.’’; 

(3) in subsection (d)—

(A) in paragraph (6), by striking ‘‘, but nothing in this 

section shall authorize the committee to perform such studies, surveys, or analyses’’; 

(B) in paragraph (8), by striking ‘‘and’’ after the semicolon; 

(C) by redesignating paragraph (9) as paragraph (11); 

and 

(D) by inserting after paragraph (8) (as amended by 

subparagraph (B)) the following: 

‘‘(9) provide an annual report to the authorizing committees 

that provides analyses and policy recommendations regarding—

‘‘(A) the adequacy of need-based grant aid for low- and 

moderate-income students; and 

‘‘(B) the postsecondary enrollment and graduation rates 

of low- and moderate-income students; 

‘‘(10) develop and maintain an information clearinghouse 

to help institutions of higher education understand the regulatory impact of the Federal Government on institutions of 

higher education from all sectors, in order to raise awareness 

of institutional legal obligations and provide information to improve compliance with, and to reduce the duplication and inefficiency of, Federal regulations; and’’; 

(4) in subsection (e)—

(A) in the matter preceding subparagraph (A) of paragraph (1), by striking ‘‘3’’ and inserting ‘‘4’’; and 

(B) in paragraph (2), by striking ‘‘A member of the Advisory Committee shall’’ and all that follows through ‘‘on 

the Advisory Committee.’’ and inserting ‘‘A member of the 

Advisory Committee serving on the date of enactment of the 

Higher Education Opportunity Act shall be permitted to 

serve the duration of the member’s term, regardless of 

whether the member was previously appointed to more than 

one term.’’; 

(5) in subsection (j)—

(A) in paragraph (1)—

(i) by inserting ‘‘and simplifications’’ after ‘‘delivery 

processes’’; and 

(ii) by striking ‘‘including the implementation of a 

performance-based organization within the Department, and report to Congress regarding such modernization on not less than an annual basis,’’; and 

(B) by striking paragraphs (4) and (5) and inserting 

the following: 

‘‘(4) conduct a review and analysis of regulations in accordance with subsection (l); and 

‘‘(5) conduct a study in accordance with subsection (m).’’; 

(6) in subsection (k), by striking ‘‘2004’’ and inserting 

‘‘2014’’; and 

(7) by adding at the end the following: 

‘‘(l) REVIEW AND ANALYSIS OF REGULATIONS.—


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‘‘(1) RECOMMENDATIONS.—The Advisory Committee shall 

make recommendations to the Secretary and the authorizing 

committees for consideration of future legislative action regarding redundant or outdated regulations consistent with the Secretary’s requirements under section 498B. 

‘‘(2) REVIEW AND ANALYSIS OF REGULATIONS.— ‘‘(A) REVIEW OF CURRENT REGULATIONS.—To meet the 

requirements of subsection (d)(10), the Advisory Committee 

shall conduct a review and analysis of the regulations 

issued by Federal agencies that are in effect at the time of 

the review and that apply to the operations or activities of 

institutions of higher education from all sectors. The review 

and analysis may include a determination of whether the 

regulation is duplicative, is no longer necessary, is inconsistent with other Federal requirements, or is overly burdensome. In conducting the review, the Advisory Committee 

shall pay specific attention to evaluating ways in which 

regulations under this title affecting institutions of higher 

education (other than institutions described in section 

102(a)(1)(C)), that have received in each of the two most recent award years prior to the date of enactment of Higher 

Education Opportunity Act less than $200,000 in funds 

through this title, may be improved, streamlined, or eliminated. ‘‘(B) REVIEW AND COLLECTION OF FUTURE REGULA- TIONS.—The Advisory Committee shall— ‘‘(i) monitor all Federal regulations, including notices of proposed rulemaking, for their impact or potential impact on higher education; and ‘‘(ii) provide a succinct description of each regulation or proposed regulation that is generally relevant to 

institutions of higher education from all sectors. 

‘‘(C) MAINTENANCE OF PUBLIC WEBSITE.—The Advisory 

Committee shall develop and maintain an easy to use, 

searchable, and regularly updated website that— ‘‘(i) provides information collected in subparagraph 

(B); ‘‘(ii) provides an area for the experts and members 

of the public to provide recommendations for ways in 

which the regulations may be streamlined; and ‘‘(iii) publishes the study conducted by the National Research Council of the National Academy of 

Sciences under section 1106 of the Higher Education 

Opportunity Act. ‘‘(3) CONSULTATION.—

‘‘(A) IN GENERAL.—In carrying out the review, analysis, 

and development of the website required under paragraph 

(2), the Advisory Committee shall consult with the Secretary, other Federal agencies, relevant representatives of 

institutions of higher education, individuals who have expertise and experience with Federal regulations, and the review panels described in subparagraph (B). ‘‘(B) REVIEW PANELS.—The Advisory Committee shall 

convene not less than two review panels of representatives 

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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 regulations and to provide recommendations to the Advisory 

Committee with respect to the review and analysis under 

paragraph (2). The panels shall be made up of experts in 

areas such as the operations of the financial assistance programs, the institutional eligibility requirements for the financial assistance programs, regulations not directly related to the operations or the institutional eligibility requirements of the financial assistance programs, and regulations for dissemination of information to students about 

the financial assistance programs. 

‘‘(4) PERIODIC UPDATES TO THE AUTHORIZING COMMITTEES.—The Advisory Committee shall—

‘‘(A) submit, not later than two years after the completion of the negotiated rulemaking process required under 

section 492 resulting from the amendments to this Act 

made by the Higher Education Opportunity Act, a report to 

the authorizing committees and the Secretary detailing the 

review panels’ findings and recommendations with respect 

to the review of regulations; and 

‘‘(B) provide periodic updates to the authorizing committees regarding—

‘‘(i) the impact of all Federal regulations on all sectors of higher education; and 

‘‘(ii) suggestions provided through the website for 

streamlining or eliminating duplicative regulations. 

‘‘(5) ADDITIONAL SUPPORT.—The Secretary and the Inspector General of the Department shall provide such assistance 

and resources to the Advisory Committee as the Secretary and 

Inspector General determine are necessary to conduct the review 

and analysis required by this subsection. 

‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO BACCALAUREATE DEGREE ATTAINMENT.—

‘‘(1) STUDY REQUIRED.—The Advisory Committee shall conduct a study of the feasibility of increasing baccalaureate degree 

attainment rates by reducing the costs and financial barriers to 

attaining a baccalaureate degree through innovative programs. 

‘‘(2) SCOPE OF STUDY.—The Advisory Committee shall examine new and existing programs that promote baccalaureate 

degree attainment through innovative ways, such as dual or 

concurrent enrollment programs, changes made to the Federal 

Pell Grant program, simplification of the needs analysis process, compressed or modular scheduling, articulation agreements, and programs that allow two-year institutions of higher 

education to offer baccalaureate degrees. 

‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In performing the 

study described in this subsection, the Advisory Committee 

shall examine the following aspects of such innovative programs: 

‘‘(A) The impact of such programs on baccalaureate attainment rates. 


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‘‘(B) The degree to which a student’s total cost of attaining a baccalaureate degree can be reduced by such programs. ‘‘(C) The ways in which low- and moderate-income students can be specifically targeted by such programs. ‘‘(D) The ways in which nontraditional students can be 

specifically targeted by such programs. ‘‘(E) The cost-effectiveness for the Federal Government, 

States, and institutions of higher education to implement 

such programs. 

‘‘(4) CONSULTATION.— ‘‘(A) IN GENERAL.—In performing the study described 

in this subsection, the Advisory Committee shall consult 

with a broad range of interested parties in higher education, including parents, students, appropriate representatives of secondary schools and institutions of higher education, appropriate State administrators, administrators of 

dual or concurrent enrollment programs, and appropriate 

Department officials. ‘‘(B) CONSULTATION WITH THE AUTHORIZING 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 Opportunity 

Act, describing the progress made in conducting the study 

required by this subsection and any preliminary findings 

on the topics identified under paragraph (2). ‘‘(B) FINAL REPORT.—The Advisory Committee shall, 

not later than three years after the date of enactment of the 

Higher Education Opportunity Act, prepare and submit to 

the authorizing committees and the Secretary a final report 

on the study, including recommendations for legislative, 

regulatory, and administrative changes based on findings 

related to the topics identified under paragraph (2).’’. (b) CONFORMING AMENDMENTS.—Subsections (a)(1), (b), and 

(d)(6) of section 491 (20 U.S.C. 1098) are each amended by striking 

‘‘Congress’’ and inserting ‘‘authorizing committees’’. 

SEC. 494D. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING. 

(a) REGIONAL MEETINGS.—Section 492(a) (20 U.S.C. 1098a(a)) 

is amended—

(1) in paragraph (1), by inserting ‘‘State student grant 

agencies,’’ after ‘‘institutions of higher education,’’; and 

(2) in paragraph (2), by striking ‘‘, as amended by the 

Higher Education Amendments of 1998’’. 

(b) NEGOTIATED RULEMAKING.—Section 492(b)(1) (20 U.S.C. 

1098a(b)(1)) is amended—

(1) in the first sentence, by striking ‘‘as amended by the 

Higher Education Amendments of 1998’’; and 

(2) in the third sentence—

(A) by striking ‘‘To the extent possible, the Secretary’’

and inserting ‘‘The Secretary’’; and 


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(B) by inserting ‘‘with demonstrated expertise or experience in the relevant subjects under negotiation,’’ after ‘‘select individuals’’. 

SEC. 494E. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT. 

Section 493A (20 U.S.C. 1098c) is repealed. 

SEC. 494F. TECHNICAL AMENDMENT OF INCOME-BASED REPAYMENT. 

Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by striking ‘‘or is already in default’’ and inserting ‘‘or had been in default’’. 

PART H—PROGRAM INTEGRITY 

SEC. 495. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION. 

Section 496 (20 U.S.C. 1099b) is amended— (1) in subsection (a)— (A) by striking paragraph (4) and inserting the following: 

‘‘(4)(A) such agency or association consistently applies and 

enforces standards that respect the stated mission of the institution of higher education, including religious missions, and that 

ensure that the courses or programs of instruction, training, or 

study offered by the institution of higher education, including 

distance education or correspondence courses or programs, are 

of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered; and ‘‘(B) if such agency or association has or seeks to include 

within its scope of recognition the evaluation of the quality of 

institutions or programs offering distance education or correspondence education, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that— ‘‘(i) the agency or association’s standards effectively address the quality of an institution’s distance education or 

correspondence education in the areas identified in paragraph (5), except that—

‘‘(I) the agency or association shall not be required 

to have separate standards, procedures, or policies for 

the evaluation of distance education or correspondence 

education institutions or programs in order to meet the 

requirements of this subparagraph; and 

‘‘(II) in the case that the agency or association is 

recognized by the Secretary, the agency or association 

shall not be required to obtain the approval of the Secretary to expand its scope of accreditation to include 

distance education or correspondence education, provided that the agency or association notifies the Secretary in writing of the change in scope; and 

‘‘(ii) the agency or association requires an institution 

that offers distance education or correspondence education 

to have processes through which the institution establishes 

that the student who registers in a distance education or 

correspondence education course or program is the same 

student who participates in and completes the program and 

receives the academic credit;’’; 


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(B) in paragraph (5), by amending subparagraph (A) to 

read as follows: ‘‘(A) success with respect to student achievement in relation to the institution’s mission, which may include different standards for different institutions or programs, as 

established by the institution, including, as appropriate, 

consideration of State licensing examinations, consideration of course completion, and job placement rates;’’; 

(C) by striking paragraph (6) and inserting the following: 

‘‘(6) such an agency or association shall establish and apply 

review procedures throughout the accrediting process, including 

evaluation and withdrawal proceedings, which comply with due 

process procedures that provide— ‘‘(A) for adequate written specification of— ‘‘(i) requirements, including clear standards for an 

institution of higher education or program to be accredited; and ‘‘(ii) identified deficiencies at the institution or program examined; 

‘‘(B) for sufficient opportunity for a written response, by 

an institution or program, regarding any deficiencies identified by the agency or association to be considered by the 

agency or association— ‘‘(i) within a timeframe determined by the agency 

or association; and ‘‘(ii) prior to final action in the evaluation and 

withdrawal proceedings; 

‘‘(C) upon the written request of an institution or program, for an opportunity for the institution or program to 

appeal any adverse action under this section, including denial, withdrawal, suspension, or termination of accreditation, taken against the institution or program, prior to such 

action becoming final at a hearing before an appeals panel 

that—

‘‘(i) shall not include current members of the agency’s or association’s underlying decisionmaking body 

that made the adverse decision; and 

‘‘(ii) is subject to a conflict of interest policy; 

‘‘(D) for the right to representation and participation by 

counsel for an institution or program during an appeal of 

the adverse action; 

‘‘(E) for a process, in accordance with written procedures developed by the agency or association, through 

which an institution or program, before a final adverse action based solely upon a failure to meet a standard or criterion pertaining to finances, may on one occasion seek review of significant financial information that was unavailable to the institution or program prior to the determination of the adverse action, and that bears materially on the 

financial deficiencies identified by the agency or association; 

‘‘(F) in the case that the agency or association determines that the new financial information submitted by the 

institution or program under subparagraph (E) meets the 


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criteria of significance and materiality described in such 

subparagraph, for consideration by the agency or association of the new financial information prior to the adverse 

action described in such subparagraph becoming final; and ‘‘(G) that any determination by the agency or association made with respect to the new financial information described in subparagraph (E) shall not be separately appealable by the institution or program.’’; 

(2) in subsection (c)— (A) in paragraph (1), by inserting ‘‘, including those regarding distance education’’ after ‘‘their responsibilities’’; 

(B) by redesignating paragraphs (2) through (6) as 

paragraphs (4) through (8); 

(C) by inserting after paragraph (1) (as amended by 

subparagraph (A)) the following: 

‘‘(2) monitors the growth of programs at institutions that 

are experiencing significant enrollment growth; ‘‘(3) requires an institution to submit for approval to the accrediting agency a teach-out plan upon the occurrence of any of 

the following events: ‘‘(A) the Department notifies the accrediting agency of 

an action against the institution pursuant to section 487(f); ‘‘(B) the accrediting agency acts to withdraw, terminate, or suspend the accreditation of the institution; or ‘‘(C) the institution notifies the accrediting agency that 

the institution intends to cease operations;’’; 

(D) by striking paragraph (7) (as redesignated by subparagraph (B)) and inserting the following: 

‘‘(7) makes available to the public and the State licensing 

or authorizing agency, and submits to the Secretary, a summary of agency or association actions, including— ‘‘(A) the award of accreditation or reaccreditation of an 

institution; ‘‘(B) final denial, withdrawal, suspension, or termination of accreditation of an institution, and any findings 

made in connection with the action taken, together with the 

official comments of the affected institution; and 

‘‘(C) any other adverse action taken with respect to an 

institution or placement on probation of an institution;’’; 

(E) in paragraph (8) (as redesignated by subparagraph 

(B)), by striking the period and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(9) confirms, as a part of the agency’s or association’s review for accreditation or reaccreditation, that the institution 

has transfer of credit policies—

‘‘(A) that are publicly disclosed; and 

‘‘(B) that include a statement of the criteria established 

by the institution regarding the transfer of credit earned at 

another institution of higher education.’’; 

(3) in subsection (g), by adding at the end the following: 

‘‘Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations 

shall use to assess any institution’s success with respect to student achievement.’’; 


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(4) in subsection (o), by adding at the end the following: 

‘‘Notwithstanding any other provision of law, the Secretary 

shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in subsection (a)(5).’’; and 

(5) by adding at the end the following new subsection: 

‘‘(p) RULE OF CONSTRUCTION.—Nothing in subsection (a)(5) 

shall be construed to restrict the ability of—

‘‘(1) an accrediting agency or association to set, with the involvement of its members, and to apply, accreditation standards 

for or to institutions or programs that seek review by the agency 

or association; or 

‘‘(2) an institution to develop and use institutional standards to show its success with respect to student achievement, 

which achievement may be considered as part of any accreditation review. 

‘‘(q) REVIEW OF SCOPE CHANGES.—The Secretary shall require 

a review, at the next available meeting of the National Advisory 

Committee on Institutional Quality and Integrity, of any change in 

scope undertaken by an agency or association under subsection 

(a)(4)(B)(i)(II) if the enrollment of an institution that offers distance 

education or correspondence education that is accredited by such 

agency or association increases by 50 percent or more within any 

one institutional fiscal year.’’. 

SEC. 496. ELIGIBILITY AND CERTIFICATION PROCEDURES. 

Section 498 (20 U.S.C. 1099c) is amended—

(1) in subsection (d)(1)(B), by inserting ‘‘and’’ after the 

semicolon; and 

(2) by adding at the end the following: 

‘‘(k) TREATMENT OF TEACH-OUTS AT ADDITIONAL LOCATIONS.—

‘‘(1) IN GENERAL.—A location of a closed institution of higher education shall be eligible as an additional location of an eligible institution of higher education, as defined pursuant to 

regulations of the Secretary, for the purposes of a teach-out described in section 487(f), if such teach-out has been approved by 

the institution’s accrediting agency. 

‘‘(2) SPECIAL RULE.—An institution of higher education that 

conducts a teach-out through the establishment of an additional 

location described in paragraph (1) shall be permitted to establish a permanent additional location at a closed institution and 

shall not be required—

‘‘(A) to meet the requirements of sections 102(b)(1)(E) 

and 102(c)(1)(C) for such additional location; or 

‘‘(B) to assume the liabilities of the closed institution.’’. 

SEC. 497. PROGRAM REVIEW AND DATA. 

Section 498A(b) (20 U.S.C. 1099c–1(b)) is amended—

(1) in paragraph (4), by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (5) by striking the period and inserting a 

semicolon; and 

(3) by adding at the end the following: 

‘‘(6) provide to an institution of higher education an adequate opportunity to review and respond to any program review 

report and relevant materials related to the report before any 

final program review report is issued; 


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‘‘(7) review and take into consideration an institution of 

higher education’s response in any final program review report 

or audit determination, and include in the report or determination— ‘‘(A) a written statement addressing the institution of 

higher education’s response; ‘‘(B) a written statement of the basis for such report or 

determination; and ‘‘(C) a copy of the institution’s response; and ‘‘(8) maintain and preserve at all times the confidentiality 

of any program review report until the requirements of paragraphs (6) and (7) are met, and until a final program review 

is issued, other than to the extent required to comply with paragraph (5), except that the Secretary shall promptly disclose any 

and all program review reports to the institution of higher education under review.’’. 

SEC. 498. REVIEW OF REGULATIONS. 

Section 498B (20 U.S.C. 1099c–2) is amended by striking subsection (d). 

PART I—COMPETITIVE LOAN AUCTION PILOT 

PROGRAM 

SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION. 

Section 499 (20 U.S.C. 1099d) is amended—

(1) in subsection (b)(3)— (A) in subparagraph (B)— (i) in clause (i), by striking ‘‘and’’ after the semicolon; 

(ii) in clause (ii), by striking the period at the end 

of the sentence and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iii) a commitment from such eligible lender that, 

if the lender has a winning bid under subparagraph 

(F), the lender will enter into the agreement required 

under subparagraph (G).’’; 

(B) by striking subparagraph (G) and inserting the following: 

‘‘(G) AGREEMENT WITH SECRETARY; COMPLIANCE.—

‘‘(i) AGREEMENT.—Each eligible lender having a 

winning bid under subparagraph (F) shall enter into 

an agreement with the Secretary under which the eligible lender—

‘‘(I) agrees to originate eligible Federal PLUS 

Loans under this paragraph to each borrower 

who—

‘‘(aa) seeks an eligible Federal PLUS Loan 

under this paragraph to enable a dependent 

student to attend an institution of higher education within the State; 

‘‘(bb) is eligible for an eligible Federal 

PLUS Loan; and 

‘‘(cc) elects to borrow from the eligible 

lender; and 


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‘‘(II) agrees to accept a special allowance payment (after the application of section 

438(b)(2)(I)(v)) from the Secretary with respect to 

the eligible Federal PLUS Loans originated under 

subclause (I) in the amount proposed in the second 

lowest winning bid described in subparagraph (F) 

for the applicable State auction. 

‘‘(ii) COMPLIANCE.—If an eligible lender with a 

winning bid under subparagraph (F) fails to enter into 

the agreement required under clause (i), or fails to 

comply with the terms of such agreement, the Secretary 

may sanction such eligible lender through one or more 

of the following: 

‘‘(I) The assessment of a penalty on such eligible lender for any eligible Federal PLUS Loans 

that such eligible lender fails to originate under 

this paragraph in accordance with the agreement 

required under clause (i), in the amount of the additional costs (including the amounts of any increase in special allowance payments) incurred by 

the Secretary in obtaining another eligible lender 

to originate such eligible Federal PLUS Loans. 

The Secretary shall collect such penalty by—

‘‘(aa) reducing the amount of any payments otherwise due to such eligible lender 

from the Secretary by the amount of the penalty; or 

‘‘(bb) requesting any other Federal agency 

to reduce the amount of any payments due to 

such eligible lender from such agency by the 

amount of the penalty, in accordance with section 3716 of title 31, United States Code. 

‘‘(II) A prohibition of bidding by such lender in 

other auctions under this section. 

‘‘(III) The limitation, suspension, or termination of such eligible lender’s participation in the 

loan program under part B. 

‘‘(IV) Any other enforcement action the Secretary is authorized to take under part B.’’; and 

(C) by striking subparagraph (J) and inserting the following: 

‘‘(J) GUARANTEE AGAINST LOSSES.—Each eligible Federal PLUS Loan originated under this paragraph shall be 

insured by a guaranty agency in accordance with part B, 

except that, notwithstanding section 428(b)(1)(G), such insurance shall be in an amount equal to 99 percent of the 

unpaid principal and interest due on the loan.’’; and 

(2) by adding at the end the following new subsections: 

‘‘(c) REQUIRED INITIAL EVALUATION.—The Secretary and Secretary of the Treasury shall jointly conduct an evaluation, in consultation with the Office of Management and Budget, the Congressional Budget Office, and the Comptroller General, of the pilot program carried out by the Secretary under this section. The evaluation 

shall determine—


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‘‘(1) the extent of the savings to the Federal Government 

that are generated through the pilot program, compared to the 

cost the Federal Government would have incurred in operating 

the PLUS loan program under section 428B in the absence of 

the pilot program; 

‘‘(2) the number of lenders that participated in the pilot 

program, and the extent to which the pilot program generated 

competition among lenders to participate in the auctions under 

the pilot program; 

‘‘(3) the number and volume of loans made under the pilot 

program in each State; 

‘‘(4) the effect of the transition to and operation of the pilot 

program on the ability of—

‘‘(A) lenders participating in the pilot program to originate loans made through the pilot program smoothly and 

efficiently; 

‘‘(B) institutions of higher education participating in 

the pilot program to disburse loans made through the pilot 

program smoothly and efficiently; and 

‘‘(C) parents to obtain loans made through the pilot 

program in a timely and efficient manner; 

‘‘(5) the differential impact, if any, of the auction among the 

States, including between rural and non-rural States; and 

‘‘(6) the feasibility of using the mechanism piloted to operate the other loan programs under part B of this title. 

‘‘(d) REPORTS.—

‘‘(1) IN GENERAL.—The Secretary and the Secretary of the 

Treasury shall submit to the authorizing committees—

‘‘(A) not later than September 1, 2010, a preliminary 

report regarding the findings of the evaluation described in 

subsection (c); 

‘‘(B) not later than September 1, 2012, an interim report regarding such findings; and 

‘‘(C) not later than September 1, 2013, a final report regarding such findings. 

‘‘(2) CONTENTS.—The Secretary shall include, in each report required under subparagraphs (A), (B), and (C) of paragraph (1), any recommendations, that are based on the findings 

of the evaluation under subsection (c), for—

‘‘(A) improving the operation and administration of the 

auction; and 

‘‘(B) improving the operation and administration of 

other loan programs under part B.’’. 

TITLE V—DEVELOPING INSTITUTIONS 

SEC. 501. AUTHORIZED ACTIVITIES. 

Section 503(b) (20 U.S.C. 1101b(b)) is amended— (1) by redesignating paragraphs (6), (7), (8), (9), (10), (11), 

(12), (13), and (14), as paragraphs (7), (8), (9), (10), (11), (12), 

(13), (14), and (16), respectively; 

(2) in paragraph (5), by inserting ‘‘, including innovative 

and customized instruction courses (which may include remedial education and English language instruction) designed to 


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help retain students and move the students rapidly into core 

courses and through program completion’’ before the period at 

the end; 

(3) by inserting after paragraph (5) the following: 

‘‘(6) Articulation agreements and student support programs 

designed to facilitate the transfer from two-year to four-year institutions.’’; 

(4) by inserting after paragraph (14) (as redesignated by 

paragraph (1)) the following: 

‘‘(15) Providing education, counseling services, or financial 

information designed to improve the financial literacy and economic literacy of students or the students’ families, especially 

with regard to student indebtedness and student assistance programs under title IV.’’; and 

(5) in paragraph (11) (as redesignated by paragraph (1)), 

by striking ‘‘distance learning academic instruction capabilities’’

and inserting ‘‘distance education technologies’’. 

SEC. 502. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC 

AMERICANS. 

(a) AMENDMENTS.—Title V (20 U.S.C. 1101 et seq.) is amended—

(1) by redesignating part B as part C; 

(2) by redesignating sections 511 through 518 as sections 

521 through 528, respectively; and 

(3) by inserting after section 505 the following: 

‘‘PART B—PROMOTING POSTBACCALAUREATE 

OPPORTUNITIES FOR HISPANIC AMERICANS 

‘‘SEC. 511. PURPOSES. 

‘‘The purposes of this part are—

‘‘(1) to expand postbaccalaureate educational opportunities 

for, and improve the academic attainment of, Hispanic students; and 

‘‘(2) to expand the postbaccalaureate academic offerings 

and enhance the program quality in the institutions of higher 

education that are educating the majority of Hispanic college 

students and helping large numbers of Hispanic and low-income students complete postsecondary degrees. 

‘‘SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY. 

‘‘(a) PROGRAM AUTHORIZED.—Subject to the availability of 

funds appropriated to carry out this part, the Secretary shall award 

grants, on a competitive basis, to eligible institutions to enable the 

eligible institutions to carry out the authorized activities described 

in section 513. 

‘‘(b) ELIGIBILITY.—For the purposes of this part, an ‘eligible institution’ means an institution of higher education that—

‘‘(1) is a Hispanic-serving institution (as defined in section 

502); and 

‘‘(2) offers a postbaccalaureate certificate or 

postbaccalaureate degree granting program. 

‘‘SEC. 513. AUTHORIZED ACTIVITIES. 

‘‘Grants awarded under this part shall be used for one or more 

of the following activities: 


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‘‘(1) Purchase, rental, or lease of scientific or laboratory 

equipment for educational purposes, including instructional 

and research purposes. ‘‘(2) Construction, maintenance, renovation, and improvement of classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services. ‘‘(3) Purchase of library books, periodicals, technical and 

other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials. ‘‘(4) Support for low-income postbaccalaureate students including outreach, academic support services, mentoring, scholarships, fellowships, and other financial assistance to permit 

the enrollment of such students in postbaccalaureate certificate 

and postbaccalaureate degree granting programs. ‘‘(5) Support of faculty exchanges, faculty development, faculty research, curriculum development, and academic instruction. ‘‘(6) Creating or improving facilities for Internet or other 

distance education technologies, including purchase or rental of 

telecommunications technology equipment or services. ‘‘(7) Collaboration with other institutions of higher education to expand postbaccalaureate certificate and 

postbaccalaureate degree offerings. ‘‘(8) Other activities proposed in the application submitted 

pursuant to section 514 that— ‘‘(A) contribute to carrying out the purposes of this 

part; and ‘‘(B) are approved by the Secretary as part of the review 

and acceptance of such application. 

‘‘SEC. 514. APPLICATION AND DURATION. 

‘‘(a) APPLICATION.—Any eligible institution may apply for a 

grant under this part by submitting an application to the Secretary 

at such time and in such manner as the Secretary may require. 

Such application shall demonstrate how the grant funds will be 

used to improve postbaccalaureate education opportunities for Hispanic and low-income students. ‘‘(b) DURATION.—Grants under this part shall be awarded for 

a period not to exceed five years. ‘‘(c) LIMITATION.—The Secretary may not award more than one 

grant under this part in any fiscal year to any Hispanic-serving institution.’’. 

(b) CONFORMING AMENDMENTS.—Title V (20 U.S.C. 1101 et 

seq.) is amended—

(1) in section 502—

(A) in subsection (a)(2)(A)(ii), by striking ‘‘section 

512(b)’’ and inserting ‘‘section 522(b)’’; and 

(B) in subsection (b)(2), by striking ‘‘section 512(a)’’ and 

inserting ‘‘section 522(a)’’; 

(2) in section 521(c)(6) (as redesignated by subsection 

(a)(2)), by striking ‘‘section 516’’ and inserting ‘‘section 526’’; 

and 

(3) in section 526 (as redesignated by subsection (a)(2)), by 

striking ‘‘section 518’’ and inserting ‘‘section 528’’. 


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SEC. 503. APPLICATIONS. 

Section 521(b)(1)(A) (as redesignated by section 502(a)(2)) (20 

U.S.C. 1103(b)(1)(A)) is amended by striking ‘‘subsection (b)’’ and 

inserting ‘‘subsection (c)’’. 

SEC. 504. COOPERATIVE ARRANGEMENTS. 

Section 524(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 

1103c(a)) is amended by striking ‘‘section 503’’ and inserting ‘‘sections 503 and 513’’. 

SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 

Section 528(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 

1103g(a)) is amended to read as follows: 

‘‘(a) AUTHORIZATIONS.—

‘‘(1) PARTS A AND C.—There are authorized to be appropriated to carry out parts A and C $175,000,000 for fiscal year 

2009 and such sums as may be necessary for each of the five 

succeeding fiscal years. 

‘‘(2) PART B.—There are authorized to be appropriated to 

carry out part B $100,000,000 for fiscal year 2009 and such 

sums as may be necessary for each of the five succeeding fiscal 

years.’’. 

TITLE VI—INTERNATIONAL EDUCATION 

PROGRAMS 

SEC. 601. FINDINGS; PURPOSES; CONSULTATION; SURVEY. 

Section 601 (20 U.S.C. 1121) is amended—

(1) in the section heading, by striking ‘‘AND PURPOSES’’

and inserting ‘‘; PURPOSES; CONSULTATION; SURVEY’’; 

(2) in subsection (a)(3), by striking ‘‘post-Cold War’’; 

(3) in subsection (b)(1)(D), by inserting ‘‘, including through 

linkages with overseas institutions’’ before the semicolon; and 

(4) by adding at the end the following: 

‘‘(c) CONSULTATION.—

‘‘(1) IN GENERAL.—The Secretary shall, prior to requesting 

applications for funding under this title during each grant 

cycle, consult with and receive recommendations regarding national need for expertise in foreign languages and world regions 

from the head officials of a wide range of Federal agencies. 

‘‘(2) CONSIDERING RECOMMENDATIONS; PROVIDING INFORMATION.—The Secretary—

‘‘(A) may take into account the recommendations described in paragraph (1); and 

‘‘(B) shall—

‘‘(i) provide information collected under paragraph 

(1) when requesting applications for funding under this 

title; and 

‘‘(ii) make available to applicants a list of areas 

identified as areas of national need. 

‘‘(d) SURVEY.—The Secretary shall assist grantees in developing 

a survey to administer to students who have completed programs 

under this title to determine postgraduate employment, education, 

or training. All grantees, where applicable, shall administer such 


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survey once every two years and report survey results to the Secretary.’’. 

SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA 

CENTERS AND PROGRAMS. 

Section 602 (20 U.S.C. 1122) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking subparagraph (A) and 

inserting the following: ‘‘(A) IN GENERAL.—The Secretary is authorized to make 

grants to institutions of higher education or consortia of 

such institutions for the purpose of establishing, strengthening, and operating— ‘‘(i) comprehensive foreign language and area or 

international studies centers and programs; and ‘‘(ii) a diverse network of undergraduate foreign 

language and area or international studies centers and 

programs.’’; 

(B) in paragraph (2)— (i) by striking ‘‘and’’ at the end of subparagraph 

(G); 

(ii) by striking the period at the end of subparagraph (H) and inserting a semicolon; and 

(iii) by inserting after subparagraph (H) the following new subparagraphs: 

‘‘(I) supporting instructors of the less commonly taught 

languages; and ‘‘(J) projects that support students in the science, technology, engineering, and mathematics fields to achieve foreign language proficiency.’’; and 

(C) in paragraph (4)— (i) in subparagraph (C)— (I) by striking ‘‘Programs of linkage or outreach’’ and inserting ‘‘Partnerships or programs of 

linkage and outreach’’; and 

(II) by inserting ‘‘, including Federal or State 

scholarship programs for students in related 

areas’’ before the period at the end; 

(ii) in subparagraph (E)—

(I) by striking ‘‘foreign area’’ and inserting 

‘‘area studies’’; 

(II) by striking ‘‘of linkage and outreach’’; and 

(III) by striking ‘‘(C), and (D)’’ and inserting 

‘‘(D), and (E)’’; 

(iii) by redesignating subparagraphs (C) through 

(E) (as so amended) as subparagraphs (D) through (F), 

respectively; and 

(iv) by inserting after subparagraph (B) the following: 

‘‘(C) Programs of linkage or outreach between or 

among—

‘‘(i) postsecondary programs or departments in foreign language, area studies, or other international 

fields; and 

‘‘(ii) State educational agencies or local educational agencies.’’; 


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(2) in subsection (b)—

(A) in the subsection heading, by striking ‘‘GRADUATE’’; 

and 

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

‘‘(2) ELIGIBLE STUDENTS.—A student receiving a stipend described in paragraph (1) shall be engaged—

‘‘(A) in an instructional program with stated performance goals for functional foreign language use or in a program developing such performance goals, in combination 

with area studies, international studies, or the international aspects of a professional studies program; and 

‘‘(B)(i) in the case of an undergraduate student, in the 

intermediate or advanced study of a less commonly taught 

language; or 

‘‘(ii) in the case of a graduate student, in graduate 

study in connection with a program described in subparagraph (A), including—

‘‘(I) predissertation level study; 

‘‘(II) preparation for dissertation research; 

‘‘(III) dissertation research abroad; or 

‘‘(IV) dissertation writing.’’; and 

(3) by striking subsection (d) and inserting the following: 

‘‘(d) ALLOWANCES.—

‘‘(1) GRADUATE LEVEL RECIPIENTS.—A stipend awarded to a 

graduate level recipient may include allowances for dependents 

and for travel for research and study in the United States and 

abroad. 

‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A stipend 

awarded to an undergraduate level recipient may include an allowance for educational programs in the United States or educational programs abroad that—

‘‘(A) are closely linked to the overall goals of the recipient’s course of study; and 

‘‘(B) have the purpose of promoting foreign language 

fluency and knowledge of foreign cultures. 

‘‘(e) APPLICATION.—Each institution of higher education or consortium of such institutions desiring a grant under this section 

shall submit an application to the Secretary at such time, in such 

manner, and accompanied by such information and assurances as 

the Secretary may require. Each such application shall include—

‘‘(1) an explanation of how the activities funded by the 

grant will reflect diverse perspectives and a wide range of views 

and generate debate on world regions and international affairs; 

and 

‘‘(2) a description of how the applicant will encourage government service in areas of national need, as identified by the 

Secretary, as well as in areas of need in the education, business, 

and nonprofit sectors.’’. 

SEC. 603. LANGUAGE RESOURCE CENTERS. 

Section 603(c) (20 U.S.C. 1123(c)) is amended by inserting ‘‘reflect the purposes of this part and’’ after ‘‘shall’’. 


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SEC. 604. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN 

LANGUAGE PROGRAMS. 

Section 604 (20 U.S.C. 1124) is amended—

(1) in subsection (a)(1), by striking ‘‘combinations’’ each 

place it appears and inserting ‘‘consortia’’; 

(2) in subsection (a)(2)—

(A) in subparagraph (B), by amending clause (ii) to 

read as follows: 

‘‘(ii) pre-service teacher training and in-service 

teacher professional development;’’; 

(B) by redesignating subparagraphs (I) through (M) as 

subparagraphs (J) through (N), respectively; and 

(C) by inserting after subparagraph (H) the following 

new subparagraph: 

‘‘(I) the provision of grants for educational programs 

abroad that—

‘‘(i) are closely linked to the program’s overall 

goals; and 

‘‘(ii) have the purpose of promoting foreign language fluency and knowledge of world regions;’’; 

(3) in subsection (a)(4)(B), by inserting ‘‘that demonstrates 

a need for a waiver or reduction’’ before the period at the end; 

(4) in subsection (a)(6), by inserting ‘‘reflect the purposes of 

this part and’’ after ‘‘shall’’; 

(5) in subsection (a)(7)—

(A) in subparagraph (C), by striking ‘‘and’’ after the 

semicolon; 

(B) in subparagraph (D), by striking the period at the 

end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(E) a description of how the applicant will provide information to students regarding federally funded scholarship programs in related areas; 

‘‘(F) an explanation of how the activities funded by the 

grant will reflect diverse perspectives and a wide range of 

views and generate debate on world regions and international affairs, where applicable; and 

‘‘(G) a description of how the applicant will encourage 

service in areas of national need, as identified by the Secretary.’’; and 

(6) in subsection (c)—

(A) by striking ‘‘(c) FUNDING SUPPORT.—The Secretary’’

and inserting the following: 

‘‘(c) FUNDING SUPPORT.—

‘‘(1) IN GENERAL.—The Secretary’’; 

(B) by striking ‘‘10’’ and inserting ‘‘20’’; and 

(C) by adding at the end the following: 

‘‘(2) GRANTEES.—Of the total amount of grant funds 

awarded to a grantee under this section, the grantee may use 

not more than ten percent of such funds for the activity described in subsection (a)(2)(I).’’. 

SEC. 605. RESEARCH; STUDIES. 

Section 605(a) (20 U.S.C. 1125(a)) is amended—

(1) in paragraph (8), by striking ‘‘and’’ after the semicolon; 


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(2) in paragraph (9), by striking the period and inserting 

a semicolon; and 

(3) by adding at the end the following: 

‘‘(10) evaluation of the extent to which programs assisted 

under this title reflect diverse perspectives and a wide range of 

views and generate debate on world regions and international 

affairs, as described in the grantee’s application; 

‘‘(11) the systematic collection, analysis, and dissemination 

of data that contribute to achieving the purposes of this part; 

and 

‘‘(12) support for programs or activities to make data collected, analyzed, or disseminated under this section publicly 

available and easy to understand.’’. 

SEC. 606. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN INFORMATION ACCESS. 

Section 606 (20 U.S.C. 1126) is amended—

(1) in subsection (a)—

(A) by striking ‘‘or consortia of such institutions or libraries’’ and inserting ‘‘or partnerships between such institutions and other such institutions, libraries, or nonprofit 

educational organizations’’; 

(B) by striking ‘‘new electronic technologies’’ and inserting ‘‘electronic technologies’’; 

(C) by inserting ‘‘from foreign sources’’ after ‘‘disseminate information’’; 

(D) by striking ‘‘(a) AUTHORITY.— The Secretary’’ and 

inserting the following: 

‘‘(a) AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary’’; and 

(E) by adding at the end the following: 

‘‘(2) GRANT RECIPIENTS.—The Secretary may award grants 

under this section to carry out the activities authorized under 

this section to the following: 

‘‘(A) An institution of higher education. 

‘‘(B) A public or nonprofit private library. 

‘‘(C) A partnership of an institution of higher education 

and one or more of the following: 

‘‘(i) Another institution of higher education. 

‘‘(ii) A library. 

‘‘(iii) A nonprofit educational organization.’’; 

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘to facilitate access to’’

and inserting ‘‘to acquire, facilitate access to,’’; 

(B) in paragraph (3), by inserting ‘‘or standards for’’

after ‘‘means of’’; 

(C) in paragraph (6), by striking ‘‘and’’ after the semicolon; 

(D) in paragraph (7), by striking the period and inserting a semicolon; and 

(E) by adding at the end the following: 

‘‘(8) to establish linkages to facilitate carrying out the activities described in this subsection between—

‘‘(A) the institutions of higher education, libraries, and 

partnerships receiving grants under this section; and 


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‘‘(B) institutions of higher education, nonprofit educational organizations, and libraries overseas; and 

‘‘(9) to carry out other activities that the Secretary determines are consistent with the purpose of the grants awarded 

under this section.’’; and 

(3) in subsection (c), by striking ‘‘institution or consortium’’

and inserting ‘‘institution of higher education, library, or partnership’’. 

SEC. 607. SELECTION OF CERTAIN GRANT RECIPIENTS. 

Section 607 (20 U.S.C. 1127) is amended—

(1) in subsection (a), by striking ‘‘evaluates the applications 

for comprehensive and undergraduate language and area centers and programs.’’ and inserting ‘‘evaluates—

‘‘(1) the applications for comprehensive foreign language 

and area or international studies centers and programs; and 

‘‘(2) the applications for undergraduate foreign language 

and area or international studies centers and programs.’’; and 

(2) in subsection (b), by adding at the end the following: ‘‘In 

keeping with the purposes of this part, the Secretary shall take 

into account the degree to which activities of centers, programs, 

and fellowships at institutions of higher education address national needs, and generate information for and disseminate information to the public. The Secretary shall also consider an 

applicant’s record of placing students into postgraduate employment, education, or training in areas of national need and an 

applicant’s stated efforts to increase the number of such students that go into such placements.’’. 

SEC. 608. AMERICAN OVERSEAS RESEARCH CENTERS. 

Section 609 (20 U.S.C. 1128a) is amended by adding at the end 

the following: 

‘‘(e) APPLICATION.—Each center desiring to receive a grant or 

contract under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may require.’’. 

SEC. 609. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 

AND FOREIGN LANGUAGE STUDIES. 

Section 610 (20 U.S.C. 1128b) is amended—

(1) by striking ‘‘$80,000,000’’ and inserting ‘‘such sums as 

may be necessary’’; 

(2) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(3) by striking ‘‘4’’ and inserting ‘‘five’’. 

SEC. 610. CONFORMING AMENDMENTS. 

(a) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a), 

1124(a)(5), 1130–1) are each amended by striking ‘‘combinations’’

each place it appears and inserting ‘‘consortia’’. 

(b) Section 612 (20 U.S.C. 1130–1) is further amended by striking ‘‘combination’’ each place it appears and inserting ‘‘consortium’’. 

SEC. 611. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS. 

(a) CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.—Section 612 (20 U.S.C. 1130–1) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and 


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(B) by inserting before paragraph (2) (as redesignated 

by subparagraph (A)) the following: 

‘‘(1) PURPOSE.—The purpose of this section is to coordinate 

the programs of the Federal Government in the areas of research, education, and training in international business and 

trade competitiveness.’’; 

(2) in subsection (c)(2)— (A) in subparagraph (E), by inserting ‘‘(including those 

that are eligible to receive assistance under part A or B of 

title III or under title V)’’ after ‘‘other institutions of higher 

education’’; 

(B) by striking ‘‘and’’ at the end of subparagraph (E); 

(C) by redesignating subparagraph (F) as subparagraph (G); and 

(D) by inserting the following new subparagraph after 

subparagraph (E): ‘‘(F) programs encouraging the advancement and understanding of technology-related disciplines, including 

manufacturing software systems and technology management; and’’; and 

(3) in subsection (f)(3), by inserting ‘‘, and that diverse perspectives will be made available to students in programs under 

this section’’ before the semicolon. 

(b) EDUCATION AND TRAINING PROGRAMS.—Section 613(c) (20 

U.S.C. 1130a(c)) is amended by adding at the end the following: 

‘‘Each such application shall include an assurance that, where applicable, the activities funded by the grant will reflect diverse perspectives and a wide range of views on world regions and international affairs.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 614 (20 

U.S.C. 1130b) is amended—

(1) in subsection (a)—

(A) by striking ‘‘$11,000,000’’ and inserting ‘‘such sums 

as may be necessary’’; 

(B) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(C) by striking ‘‘4’’ and inserting ‘‘five’’; and 

(2) in subsection (b)— (A) by striking ‘‘$7,000,000’’ and inserting ‘‘such sums 

as may be necessary’’; 

(B) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(C) by striking ‘‘4’’ and inserting ‘‘five’’. 

SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT 

PROGRAM. 

Section 621 (20 U.S.C. 1131) is amended—

(1) in subsection (a), by striking the second sentence and inserting the following: ‘‘The Institute shall conduct a program to 

enhance the international competitiveness of the United States 

by increasing the participation of underrepresented populations 

in the international service, including private international voluntary organizations and the foreign service of the United 

States.’’; 

(2) in subsection (b)(1)—

(A) by striking subparagraph (B); 

(B) by redesignating subparagraph (C) as subparagraph (D); and 


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(C) by inserting after subparagraph (A) the following: 

‘‘(B) A tribally controlled college or university or Alaska Native or Native Hawaiian-serving institution eligible 

for assistance under part A or B of title III, or an institution eligible for assistance under title V. 

‘‘(C) An institution of higher education that serves substantial numbers of underrepresented minority students.’’; 

and 

(3) in subsection (c)—

(A) by striking ‘‘(c) APPLICATION.—Each’’ and inserting 

the following: 

‘‘(c) APPLICATION.—

‘‘(1) IN GENERAL.—Each’’; and 

(B) by adding at the end the following: 

‘‘(2) CONTENT OF APPLICATION.—Each application submitted under paragraph (1) shall include a description of how 

the activities funded by the grant will reflect diverse perspectives and a wide range of views and generate debate on world 

regions and international affairs, where applicable.’’. 

SEC. 613. INSTITUTIONAL DEVELOPMENT. 

Section 622 (20 U.S.C. 1131–1) is amended—

(1) in subsection (a)—

(A) by striking ‘‘Tribally Controlled Colleges or Universities’’ and inserting ‘‘tribally controlled colleges or universities’’; and 

(B) by striking ‘‘international affairs programs.’’ and 

inserting ‘‘international affairs, international business, and 

foreign language study programs, including the teaching of 

foreign languages, at such colleges, universities, and institutions, respectively, which may include collaboration with 

institutions of higher education that receive funding under 

this title’’; and 

(2) in subsection (c)—

(A) by striking paragraphs (1) and (3); 

(B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (2), respectively; and 

(C) in paragraph (1) (as redesignated by subparagraph 

(B)), by inserting ‘‘and’’ after the semicolon. 

SEC. 614. STUDY ABROAD PROGRAM. 

Section 623(a) (20 U.S.C. 1131a(a)) is amended—

(1) by striking ‘‘as defined in section 322 of this Act’’; and 

(2) by striking ‘‘tribally controlled Indian community colleges as defined in the Tribally Controlled Community College 

Assistance Act of 1978’’ and inserting ‘‘tribally controlled colleges or universities, Alaska Native-serving, Native Hawaiianserving, and Hispanic-serving institutions’’. 

SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELATIONS. 

Section 624 (20 U.S.C. 1131b) is amended—

(1) by striking ‘‘MASTERS’’ in the heading of such section 

and inserting ‘‘ADVANCED’’; 

(2) by striking ‘‘a masters degree in international relations’’

and inserting ‘‘an advanced degree in international relations, 

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demic areas related to the Institute fellow’s career objectives’’; 

and 

(3) by striking ‘‘The masters degree program designed by 

the consortia’’ and inserting ‘‘The advanced degree study program shall be designed by the consortia, consistent with the fellow’s career objectives, and’’. 

SEC. 616. INTERNSHIPS. 

Section 625 (20 U.S.C. 1131c) is amended— (1) in subsection (a)— (A) by striking ‘‘as defined in section 322 of this Act’’; 

(B) by striking ‘‘tribally controlled Indian community 

colleges as defined in the Tribally Controlled Community 

College Assistance Act of 1978’’ and inserting ‘‘tribally controlled colleges or universities, Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions’’; 

(C) by striking ‘‘an international’’ and inserting ‘‘international,’’; and 

(D) by striking ‘‘the United States Information Agency’’ and inserting ‘‘the Department of State’’; 

(2) in subsection (b)— (A) by inserting ‘‘and’’ after the semicolon at the end of 

paragraph (2); 

(B) by striking ‘‘; and’’ at the end of paragraph (3) and 

inserting a period; and 

(C) by striking paragraph (4); and 

(3) in subsection (c)(1)— (A) in subparagraph (E), by inserting ‘‘and’’ after the 

semicolon; 

(B) in subparagraph (F), by striking ‘‘; and’’ and inserting a period; and 

(C) by striking subparagraph (G). 

SEC. 617. FINANCIAL ASSISTANCE. 

Part C of title VI (20 U.S.C. 1131 et seq.) is further amended—

(1) by redesignating sections 626, 627, and 628 as sections 

627, 628, and 629, respectively; and 

(2) by inserting after section 625 the following: 

‘‘SEC. 626. FINANCIAL ASSISTANCE. 

‘‘(a) AUTHORITY.—The Institute may provide financial assistance, in the form of summer stipends described in subsection (b) 

and Ralph Bunche scholarship assistance described in subsection 

(c), to low-income students to facilitate the participation of the students in the Institute’s programs under this part. ‘‘(b) SUMMER STIPENDS.—

‘‘(1) REQUIREMENTS.—A student receiving a summer stipend under this section shall use such stipend to defray the student’s cost of participation in a summer institute program funded under this part, including the costs of travel, living, and 

educational expenses necessary for the student’s participation in 

such program. ‘‘(2) AMOUNT.—A summer stipend awarded to a student under this section shall not exceed $3,000 per summer. 

‘‘(c) RALPH BUNCHE SCHOLARSHIP.—

‘‘(1) REQUIREMENTS.—A student receiving a Ralph Bunche 

scholarship under this section—


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‘‘(A) shall be a full-time student at an institution of 

higher education who is accepted into a program funded 

under this part; and 

‘‘(B) shall use such scholarship to pay costs related to 

the cost of attendance, as defined in section 472, at the institution of higher education in which the student is enrolled. 

‘‘(2) AMOUNT AND DURATION.—A Ralph Bunche scholarship 

awarded to a student under this section shall not exceed $5,000 

per academic year.’’. 

SEC. 618. REPORT. 

Section 627 (as redesignated by section 617(1)) (20 U.S.C. 

1131d) is amended by striking ‘‘annually prepare a report’’ and inserting ‘‘prepare a report once every two years’’. 

SEC. 619. GIFTS AND DONATIONS. 

Section 628 (as redesignated by section 617(1)) (20 U.S.C. 

1131e) is amended by striking ‘‘annual report described in section 

626’’ and inserting ‘‘report described in section 627’’. 

SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE 

FOR INTERNATIONAL PUBLIC POLICY. 

Section 629 (as redesignated by section 617(1)) (20 U.S.C. 

1131f) is amended—

(1) by striking ‘‘$10,000,000’’ and inserting ‘‘such sums as 

may be necessary’’; 

(2) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(3) by striking ‘‘4 succeeding’’ and inserting ‘‘five succeeding’’. 

SEC. 621. DEFINITIONS. 

Section 631 (20 U.S.C. 1132) is amended—

(1) by striking paragraph (7); 

(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8), 

and (9), as paragraphs (7), (4), (8), (2), (10), (6), and (3), respectively; 

(3) in paragraph (2), as redesignated by paragraph (2), by 

striking ‘‘comprehensive language and area center’’ and inserting ‘‘comprehensive foreign language and area or international 

studies center’’; 

(4) in paragraph (3), as redesignated by paragraph (2), by 

striking the period at the end and inserting a semicolon; 

(5) by inserting after paragraph (4), as redesignated by 

paragraph (2), the following: 

‘‘(5) the term ‘historically Black college and university’ has 

the meaning given the term ‘part B institution’ in section 322;’’; 

(6) in paragraph (6), as redesignated by paragraph (2), by 

striking ‘‘and’’ after the semicolon; 

(7) by inserting after paragraph (8), as redesignated by 

paragraph (2), the following: 

‘‘(9) the term ‘tribally controlled college or university’ has 

the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 

U.S.C. 1801); and’’; and 

(8) in paragraph (10), as redesignated by paragraph (2)—


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(A) by striking ‘‘undergraduate language and area center’’ and inserting ‘‘undergraduate foreign language and 

area or international studies center’’; and 

(B) by striking the semicolon and inserting a period. 

SEC. 622. NEW PROVISIONS. 

Part D of title VI (20 U.S.C. 1132) is amended by adding at the 

end the following: 

‘‘SEC. 632. SPECIAL RULE. 

‘‘The Secretary may waive or reduce the non-Federal share required under this title for institutions that—

‘‘(1) are eligible to receive assistance under part A or B of 

title III or under title V; and 

‘‘(2) have submitted a grant application under this section 

that demonstrates a need for a waiver or reduction, as determined by the Secretary.’’. 

‘‘SEC. 633. RULE OF CONSTRUCTION. 

‘‘Nothing in this title shall be construed to authorize the Secretary to mandate, direct, or control an institution of higher education’s specific instructional content, curriculum, or program of instruction. 

‘‘SEC. 634. ASSESSMENT. 

‘‘The Secretary is authorized to assess and ensure compliance 

with all the conditions and terms of grants provided under this 

title. 

‘‘SEC. 635. EVALUATION, OUTREACH, AND INFORMATION. 

‘‘The Secretary may use not more than one percent of the funds 

made available under this title to carry out program evaluation, national outreach, and information dissemination activities relating to 

the programs authorized under this title. 

‘‘SEC. 636. REPORT. 

‘‘The Secretary shall, in consultation and collaboration with the 

Secretary of State, the Secretary of Defense, and the heads of other 

relevant Federal agencies, submit a report once every two years that 

identifies areas of national need in foreign language, area, and 

international studies as such studies relate to government, education, business, and nonprofit needs, and a plan to address those 

needs. The report shall be provided to the authorizing committees 

and made available to the public. 

‘‘SEC. 637. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION GRANT PROGRAM. 

‘‘(a) PURPOSE.—It is the purpose of this section to support programs in institutions of higher education that—

‘‘(1) encourage students to develop—

‘‘(A) an understanding of science and technology; and 

‘‘(B) foreign language proficiency; 

‘‘(2) foster future international scientific collaboration; 

‘‘(3) provide for professional development opportunities for 

elementary school and secondary school teachers of critical foreign languages to increase the number of highly qualified teachers in critical foreign languages; and 


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‘‘(4) increase the number of United States students who 

achieve the highest level of proficiency in foreign languages critical to the security and competitiveness of the Nation. 

‘‘(b) DEVELOPMENT.—The Secretary shall develop a program for 

the awarding of grants to institutions of higher education that develop innovative programs for the teaching of foreign languages, 

which may include the preparation of teachers to teach foreign languages. ‘‘(c) REGULATIONS AND REQUIREMENTS.—The Secretary shall 

promulgate regulations for the awarding of grants under subsection 

(b). Such regulations may require institutions of higher education to 

use grant funds for, among other things— ‘‘(1) the development of an on-campus cultural awareness 

program by which students attend classes taught in a foreign 

language and study the science and technology developments 

and practices in a non-English speaking country; ‘‘(2) immersion programs where students take science or 

technology related course work in a non-English speaking country; ‘‘(3) other programs, such as summer workshops, that emphasize the intense study of a foreign language and science 

technology; ‘‘(4) if applicable, recruiting highly qualified teachers in 

critical foreign languages, and providing professional development activities for such teachers at the elementary school and 

secondary school levels; and ‘‘(5) providing innovative opportunities for students that 

will allow for critical language learning, such as immersion environments, intensive study opportunities, internships, and distance learning. 

‘‘(d) GRANT DISTRIBUTION.—In distributing grants to institutions of higher education under this section, the Secretary shall give 

priority to—

‘‘(1) institutions that have programs focusing on curricula 

that combine the study of foreign languages and the study of 

science and technology and produce graduates who have both 

skills; and ‘‘(2) institutions teaching critical foreign languages. ‘‘(e) REPORT ON BEST PRACTICES.—Not later than one year after 

the date of enactment of this section, the Secretary shall— ‘‘(1) conduct a study to identify the best practices to 

strengthen the role of institutions of higher education that receive funding under title III or title V in increasing the critical 

foreign language education efforts in the United States; and 

‘‘(2) submit a report on the results of such study to the authorizing committees. 

‘‘(f) APPROPRIATIONS AUTHORIZED.—There are authorized to be 

appropriated to carry out this section, such sums as may be necessary for fiscal year 2009 and for each subsequent fiscal year. 

‘‘SEC. 638. REPORTING BY INSTITUTIONS. 

‘‘(a) APPLICABILITY.—The data requirement in subsection (b) 

shall apply to an institution of higher education that receives funds 

for a center or program under this title if— ‘‘(1) the amount of the contribution (including cash and the 

fair market value of any property) received from any foreign 


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government or from a foreign private sector corporation or foundation during any fiscal year exceeds $250,000 in the aggregate; 

and ‘‘(2) the aggregate contribution, or a significant part of the 

aggregate contribution, is to be used by a center or program receiving funds under this title. 

‘‘(b) DATA REQUIRED.—The Secretary shall require an institution of higher education referred to in subsection (a) to report information listed in subsection (a) to the Secretary consistent with the 

requirements of section 117.’’. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS 

SEC. 701. PURPOSE. 

Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended by inserting ‘‘, including those areas critical to United States national 

and homeland security needs, such as science, technology, engineering, and mathematics’’ before the semicolon. 

SEC. 702. JACOB K. JAVITS FELLOWSHIP PROGRAM. 

(a) INTERRUPTIONS OF STUDY.—Section 701(c) (20 U.S.C. 

1134(c)) is amended by adding at the end the following new sentence: ‘‘In the case of other exceptional circumstances, such as active 

duty military service or personal or family member illness, the institution of higher education may also permit the fellowship recipient 

to interrupt periods of study for the duration of the tour of duty (in 

the case of military service) or for not more than 12 months (in any 

other case), but without payment of the stipend.’’. (b) ALLOCATION OF FELLOWSHIPS.—Section 702(a)(1) (20 U.S.C. 

1134a(a)(1)) is amended to read as follows: ‘‘(1) APPOINTMENT.— ‘‘(A) IN GENERAL.—The Secretary shall appoint a Jacob 

K. Javits Fellows Program Fellowship Board (referred to in 

this subpart as the ‘Board’) consisting of 9 individuals representative of both public and private institutions of higher 

education who are especially qualified to serve on the 

Board. ‘‘(B) QUALIFICATIONS.—In making appointments under 

subparagraph (A), the Secretary shall— ‘‘(i) give due consideration to the appointment of 

individuals who are highly respected in the academic 

community; ‘‘(ii) appoint members who represent the various 

geographic regions of the United States; ‘‘(iii) ensure that individuals appointed to the 

Board are broadly representative of a range of disciplines in graduate education in arts, humanities, and 

social sciences; and ‘‘(iv) ensure that such individuals include representatives from institutions that are eligible for one 

or more of the grants under title III or V.’’. (c) STIPENDS.— (1) Section 703 (20 U.S.C. 1134b) is amended—

(A) in subsection (a)—


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(i) by striking ‘‘1999–2000’’ and inserting ‘‘2009– 2010’’; and 

(ii) by striking ‘‘Foundation graduate fellowships’’ and inserting ‘‘Foundation Graduate Research Fellowship Program for such academic year’’; and 

(B) in subsection (b), by striking paragraph (1)(A) and 

inserting the following: 

‘‘(1) IN GENERAL.—(A) The Secretary shall (in addition to 

stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional 

allowance. Except as provided in subparagraph (B), such allowance shall be, for academic year 2009–2010 and succeeding academic years, the same amount as the institutional payment 

made for academic year 2008–2009, adjusted for academic year 

2009–2010 and annually thereafter in accordance with inflation 

as determined by the Department of Labor’s Consumer Price 

Index for the previous calendar year.’’. (d) AUTHORIZATION OF APPROPRIATIONS.—Section 705 (20 

U.S.C. 1134d) is amended by striking ‘‘fiscal year 1999’’ and all 

that follows through the period at the end and inserting ‘‘fiscal year 

2009 and each of the five succeeding fiscal years to carry out this 

subpart.’’. 

SEC. 703. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED. 

(a) INSTITUTIONAL ELIGIBILITY.—Section 712 (20 U.S.C. 1135a) 

is amended by striking subsection (b) and inserting the following: ‘‘(b) DESIGNATION OF AREAS OF NATIONAL NEED.—After consultation with appropriate Federal and nonprofit agencies and organizations, including the National Science Foundation, the Department of Defense, the Department of Homeland Security, the National Academy of Sciences, and the Bureau of Labor Statistics, the 

Secretary shall designate areas of national need. In making such 

designations, the Secretary shall take into consideration— ‘‘(1) the extent to which the interest in the area is compelling; ‘‘(2) the extent to which other Federal programs support 

postbaccalaureate study in the area concerned; ‘‘(3) an assessment of how the program may achieve the 

most significant impact with available resources; and ‘‘(4) an assessment of current (as of the time of the designation) and future professional workforce needs of the United 

States.’’. (b) AWARDS TO GRADUATE STUDENTS.—Section 714(b) (20 

U.S.C. 1135c(b)) is amended—

(1) by striking ‘‘1999–2000’’ and inserting ‘‘2009–2010’’; and 

(2) by striking ‘‘Foundation graduate fellowships’’ and inserting ‘‘Foundation Graduate Research Fellowship Program 

for such academic year’’. 

(c) ADDITIONAL ASSISTANCE.—Section 715(a)(1) (20 U.S.C. 

1135d(a)(1)) is amended—

(1) by striking ‘‘1999–2000’’ and inserting ‘‘2009–2010’’; and 

(2) by striking ‘‘1998–1999’’ and inserting ‘‘2008–2009’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 716 (20 

U.S.C. 1135e) is amended by striking ‘‘fiscal year 1999’’ and all that 

follows through the period at the end and inserting ‘‘fiscal year 2009 


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and each of the five succeeding fiscal years to carry out this subpart.’’. 

(e) TECHNICAL AMENDMENTS.—Subpart 2 of part A of title VII 

(as amended by this section) (20 U.S.C. 113 et seq.) is further 

amended—

(1) in section 711(a)(1) (20 U.S.C. 1135(a)(1)), by inserting 

‘‘, including a master’s or doctoral degree,’’ after ‘‘leading to a 

graduate degree’’; 

(2) in section 712(a) (20 U.S.C. 1135a(a)), by inserting ‘‘, including a master’s or doctoral degree,’’ after ‘‘leading to a graduate degree’’; 

(3) in section 713(b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)), by inserting ‘‘at the institution’’ before the semicolon; and 

(4) in section 714(c) (20 U.S.C. 1135c(c))—

(A) by striking ‘‘716(a)’’ and inserting ‘‘715(a)’’; and 

(B) by striking ‘‘714(b)(2)’’ and inserting ‘‘713(b)(2)’’. 

SEC. 704. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY 

PROGRAM. 

(a) PROGRAM AUTHORITY.—

(1) Section 721(a) (20 U.S.C. 1136(a)) is amended—

(A) by inserting ‘‘secondary school and’’ after ‘‘disadvantaged’’; and 

(B) by inserting ‘‘and admission to law practice’’ before 

the period at the end. 

(b) ELIGIBILITY.—Section 721(b) (20 U.S.C. 1136(b)) is amended 

in the matter preceding paragraph (1), by inserting ‘‘secondary 

school student or’’ before ‘‘college student’’. 

(c) CONTRACT AND GRANT PURPOSES.—Section 721(c) (20 

U.S.C. 1136(c)) is amended—

(1) in paragraph (1), by inserting ‘‘secondary school and’’

before ‘‘college students’’; 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) to prepare such students for successful completion of a 

baccalaureate degree and for study at accredited law schools, 

and to assist them with the development of analytical skills, 

writing skills, and study methods to enhance the students’ success in, and promote the students’ admission to and completion 

of, law school;’’; 

(3) in paragraph (4), by striking ‘‘and’’ after the semicolon; 

and 

(4) by striking paragraph (5) and inserting the following: 

‘‘(5) to motivate and prepare such students—

‘‘(A) with respect to law school studies and practice in 

low-income communities; and 

‘‘(B) to provide legal services to low-income individuals 

and families; and 

‘‘(6) to award Thurgood Marshall Fellowships to eligible 

law school students—

‘‘(A) who participated in summer institutes under subsection (d)(6) and who are enrolled in an accredited law 

school; or 

‘‘(B) who have successfully completed a comparable 

summer institute program that is certified by the Council 

on Legal Education Opportunity.’’. 


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(d) SERVICES PROVIDED.—Section 721(d) (20 U.S.C. 1136(d)) is 

amended—

(1) in the matter preceding paragraph (1), by inserting 

‘‘pre-college programs, undergraduate’’ before ‘‘pre-law’’; 

(2) in paragraph (1)—

(A) in subparagraph (B), by inserting ‘‘law school’’ before ‘‘graduation’’; and 

(B) by striking subparagraph (D) and inserting the following: 

‘‘(D) pre-college and undergraduate preparatory courses 

in analytical and writing skills, study methods, and course 

selection;’’; 

(3) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; 

(4) by inserting after paragraph (1) the following: 

‘‘(2) summer academic programs for secondary school students who have expressed interest in a career in the law;’’; and 

(5) in paragraph (7) (as redesignated by paragraph (3)), by 

inserting ‘‘and Associates’’ after ‘‘Thurgood Marshall Fellows’’. 

(e) DURATION.—Section 721(e)(1) (20 U.S.C. 1136(e)(1)) is 

amended by inserting ‘‘, including before and during undergraduate 

study’’ before the semicolon. 

(f) SUBCONTRACTS AND SUBGRANTS.—Section 721(f) (20 U.S.C. 

1136(f)) is amended—

(1) by inserting ‘‘national and State bar associations,’’ after 

‘‘agencies and organizations,’’; and 

(2) by striking ‘‘and organizations.’’ and inserting ‘‘organizations, and associations.’’. 

(g) STIPENDS.—Section 721(g) (20 U.S.C. 1136(g)) is amended 

to read as follows: 

‘‘(g) FELLOWSHIPS AND STIPENDS.—The Secretary shall annually establish the maximum fellowship to be awarded, and the maximum stipend to be paid (including allowances for participant travel and for the travel of the dependents of the participant), to 

Thurgood Marshall Fellows or Associates for the period of participation in summer institutes, midyear seminars, and bar preparation seminars. A Thurgood Marshall Fellow or Associate may be eligible for such a fellowship or stipend only if the Fellow or Associate 

maintains satisfactory academic progress toward the Juris Doctor 

or Bachelor of Laws degree, as determined by the respective institutions (except with respect to a law school graduate enrolled in a bar 

preparation course).’’. 

(h) AUTHORIZATION OF APPROPRIATIONS.—Section 721(h) (20 

U.S.C. 1136(h)) is amended by striking ‘‘fiscal year 1999’’ and all 

that follows through the period at the end and inserting ‘‘fiscal year 

2009 and each of the five succeeding fiscal years.’’. 

(i) REPEAL OF CONTINUATION AWARDS.—Subsection (e) of section 731 (20 U.S.C. 1137(e)) is repealed. 

SEC. 705. SENSE OF CONGRESS. 

It is the sense of Congress that—

(1) addressing the under-representation of women and minorities in the higher education professoriate will require consistent inter-institutional cooperation, data gathering, analysis, 

and self-evaluation; and 


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(2) institutions eligible for funds under part A of title VII 

of the Higher Education Act of 1965 (20 U.S.C. 1134 et seq.) 

should be encouraged to consider the feasibility and potential 

design of an inter-institution monitoring organization addressing under-representation by race, ethnicity, and gender in postsecondary faculty and administrators. 

SEC. 706. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND PREDOMINANTLY BLACK 

INSTITUTIONS. 

(a) TECHNICAL AMENDMENTS.—Part A of title VII (as amended 

by this title) (20 U.S.C. 1134 et seq.) is further amended—

(1) by redesignating subpart 4 as subpart 5; 

(2) in the heading of section 731, by striking ‘‘SUBPARTS 

1, 2, AND 3’’ and inserting ‘‘SUBPARTS 1 THROUGH 4’’; 

and 

(3) in section 731—

(A) in subsections (a) and (b), by striking ‘‘subparts 1, 

2, and 3’’ each place the term appears and inserting ‘‘subparts 1 through 4’’; and 

(B) in subsection (d), by striking ‘‘subpart 1, 2, or 3’’

and inserting ‘‘subpart 1, 2, 3, or 4’’. 

(b) MASTER’S DEGREE PROGRAMS.—Part A of title VII (as 

amended by this title) (20 U.S.C. 1134 et seq.) is further amended 

by inserting after subpart 3 the following: 

‘‘Subpart 4—Masters Degree Programs at Historically Black Colleges and Universities and Predominantly Black Institutions 

‘‘SEC. 723. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK 

COLLEGES AND UNIVERSITIES. 

‘‘(a) GRANT PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—Subject to the availability of funds appropriated to carry out this section, the Secretary shall award 

program grants to each of the institutions listed in subsection 

(b)(1) that is determined by the Secretary to be making a substantial contribution to graduate education opportunities at the 

masters level in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines for Black Americans. 

‘‘(2) ASSURANCE OF NON-FEDERAL MATCHING FUNDS.—No 

grant in excess of $1,000,000 may be made under this section 

unless the institution provides assurances that 50 percent of the 

cost of the purposes for which the grant is made will be paid 

from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro 

rata basis, any amounts which were not so made available (by 

reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that 

have complied with such matching requirement. 


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‘‘(3) MINIMUM AWARD.—Subject to subsections (f) and (g), 

the amount awarded to each eligible institution listed in subsection (b)(1) for a fiscal year shall be not less than $500,000. 

‘‘(4) DURATION OF GRANTS.—A grant awarded under this 

section shall be for a period of not more than six years, but may 

be periodically renewed for a period to be determined by the 

Secretary. 

‘‘(b) INSTITUTIONAL ELIGIBILITY.—

‘‘(1) IN GENERAL.—Institutions eligible for grants under 

subsection (a) are the following: 

‘‘(A) Albany State University. 

‘‘(B) Alcorn State University. 

‘‘(C) Claflin University. 

‘‘(D) Coppin State University. 

‘‘(E) Elizabeth City State University. 

‘‘(F) Fayetteville State University. 

‘‘(G) Fisk University. 

‘‘(H) Fort Valley State University. 

‘‘(I) Grambling State University. 

‘‘(J) Kentucky State University. 

‘‘(K) Mississippi Valley State University. 

‘‘(L) Savannah State University. 

‘‘(M) South Carolina State University. 

‘‘(N) University of Arkansas, Pine Bluff. 

‘‘(O) Virginia State University. 

‘‘(P) West Virginia Sate University. 

‘‘(Q) Wilberforce University. 

‘‘(R) Winston-Salem State University. 

‘‘(2) QUALIFIED MASTERS DEGREE PROGRAM.—

‘‘(A) IN GENERAL.—For the purposes of this section, the 

term ‘qualified masters degree program’ means a masters 

degree program that provides a program of instruction in 

mathematics, engineering, the physical or natural sciences, 

computer science, information technology, nursing, allied 

health, or other scientific disciplines in which African 

Americans are underrepresented and has students enrolled 

in such program of instruction at the time of application 

for a grant under this section. 

‘‘(B) ENROLLMENT EXCEPTION.—Notwithstanding the 

enrollment requirement contained in subparagraph (A), an 

institution may use an amount equal to not more than 10 

percent of the institution’s grant under this section for the 

development of a new qualified masters degree program. 

‘‘(3) INSTITUTIONAL CHOICE.—The president or chancellor of 

the institution may decide which graduate school or qualified 

masters degree program will receive funds under the grant in 

any one fiscal year, if the allocation of funds among the schools 

or programs is delineated in the application for funds submitted to the Secretary under this section. 

‘‘(4) ONE GRANT PER INSTITUTION.—The Secretary shall not 

award more than one grant under this section in any fiscal year 

to any institution of higher education. 

‘‘(c) APPLICATION.—An eligible institution listed in subsection 

(b)(1) desiring a grant under this section shall submit an applicaVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00283 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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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 application. 

‘‘(d) USES OF FUNDS.—A grant under this section may be used 

for— ‘‘(1) purchase, rental, or lease of scientific or laboratory 

equipment for educational purposes, including instructional 

and research purposes; ‘‘(2) construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional 

facilities, including purchase or rental of telecommunications 

technology equipment or services; ‘‘(3) purchase of library books, periodicals, technical and 

other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials; ‘‘(4) scholarships, fellowships, and other financial assistance for needy graduate students to permit the enrollment of the 

students in, and completion of, a masters degree in mathematics, engineering, the physical or natural sciences, computer 

science, information technology, nursing, allied health, or other 

scientific disciplines in which African Americans are underrepresented; ‘‘(5) establishing or improving a development office to 

strengthen and increase contributions from alumni and the private sector; ‘‘(6) assisting in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant to section 331; 

‘‘(7) funds and administrative management, and the acquisition of equipment, including software, for use in strengthening 

funds management and management information systems; 

‘‘(8) acquisition of real property that is adjacent to the campus in connection with the construction, renovation, or improvement of, or an addition to, campus facilities; 

‘‘(9) education or financial information designed to improve 

the financial literacy and economic literacy of students or the 

students’ families, especially with regard to student indebtedness and student assistance programs under title IV; 

‘‘(10) tutoring, counseling, and student service programs designed to improve academic success; 

‘‘(11) faculty professional development, faculty exchanges, 

and faculty participation in professional conferences and meetings; and 

‘‘(12) other activities proposed in the application submitted 

under subsection (c) that—

‘‘(A) contribute to carrying out the purposes of this section; and 


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‘‘(B) are approved by the Secretary as part of the review 

and acceptance of such application. 

‘‘(e) INTERACTION WITH OTHER GRANT PROGRAMS.—No institution that is eligible for and receives an award under section 326, 

512, or 724 for a fiscal year shall be eligible to apply for a grant, 

or receive grant funds, under this section for the same fiscal year. 

‘‘(f) FUNDING RULE.—Subject to subsection (g), of the amount 

appropriated to carry out this section for any fiscal year—

‘‘(1) the first $9,000,000 (or any lesser amount appropriated) shall be available only for the purposes of making minimum grants under subsection (a)(3) to eligible institutions listed in subparagraphs (A) through (R) of subsection (b)(1), except 

that if the amount appropriated is not sufficient to pay the minimum grant awards to all such eligible institutions, the amount 

of the minimum award to each such eligible institution shall be 

ratably reduced; 

‘‘(2) after the application of paragraph (1), an amount shall 

be available for the purpose of making minimum grants under 

subsection (a)(3) to eligible institutions listed in subsection 

(b)(1) that do not receive a grant under paragraph (1), if any, 

except that if the amount appropriated is not sufficient to pay 

the minimum grant awards to all such eligible institutions, the 

amount of the minimum award to each such eligible institution 

shall be ratably reduced; and 

‘‘(3) any amount in excess of $9,000,000 shall be made 

available to each of the eligible institutions identified in subparagraphs (A) through (R) of subsection (b)(1), pursuant to a 

formula developed by the Secretary that uses the following elements: 

‘‘(A) The ability of the institution to match Federal 

funds with non-Federal funds. 

‘‘(B) The number of students enrolled in the qualified 

masters degree program at the eligible institution in the 

previous academic year. 

‘‘(C) The average cost of attendance per student, for all 

full-time students enrolled in the qualified masters degree 

program at such institution. 

‘‘(D) The number of students in the previous year who 

received a degree in the qualified masters degree program 

at such institution. 

‘‘(E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds 

under this section to the total number of African Americans 

receiving masters degrees in the disciplines related to the 

programs for the previous year. 

‘‘(g) HOLD HARMLESS RULE.—Notwithstanding paragraphs (2) 

and (3) of subsection (f), no eligible institution identified in subsection (b)(1) that receives a grant under this section for fiscal year 

2009 and that is eligible to receive a grant for a subsequent fiscal 

year shall receive a grant amount for any such subsequent fiscal 

year that is less than the grant amount received for fiscal year 2009, 

unless—

‘‘(1) the amount appropriated is not sufficient to provide 

such grant amounts to all such institutions and programs that 


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received grants under this section for such fiscal year and that 

are eligible to receive a grant in such subsequent fiscal year; or 

‘‘(2) the institution cannot provide sufficient matching 

funds to meet the requirements of this section. 

‘‘SEC. 724. MASTERS DEGREE PROGRAMS AT PREDOMINANTLY BLACK 

INSTITUTIONS. 

‘‘(a) GRANT PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—Subject to the availability of funds appropriated to carry out this section, the Secretary shall award 

program grants to each of the institutions listed in subsection 

(b)(1) that is determined by the Secretary to be making a substantial contribution to graduate education opportunities at the 

masters level in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines for Black Americans. 

‘‘(2) ASSURANCE OF NON-FEDERAL MATCHING FUNDS.—No 

grant in excess of $1,000,000 may be made under this section 

unless the institution provides assurances that 50 percent of the 

cost of the purposes for which the grant is made will be paid 

from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro 

rata basis, any amounts which were not so made available (by 

reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that 

have complied with such matching requirement. 

‘‘(3) MINIMUM AWARD.—Subject to subsections (f) and (g), 

the amount awarded to each eligible institution listed in subsection (b)(1) for a fiscal year shall be not less than $500,000. 

‘‘(4) DURATION OF GRANTS.—A grant awarded under this 

section shall be for a period of not more than six years, but may 

be periodically renewed for a period to be determined by the 

Secretary. 

‘‘(b) INSTITUTIONAL ELIGIBILITY.—

‘‘(1) IN GENERAL.—Institutions eligible for grants under 

subsection (a) are the following: 

‘‘(A) Chicago State University. 

‘‘(B) Columbia Union College. 

‘‘(C) Long Island University, Brooklyn campus. 

‘‘(D) Robert Morris College. 

‘‘(E) York College, The City University of New York. 

‘‘(2) QUALIFIED MASTERS DEGREE PROGRAM.—

‘‘(A) IN GENERAL.—For the purposes of this section, the 

term ‘qualified masters degree program’ means a masters 

degree program that provides a program of instruction in 

mathematics, engineering, the physical or natural sciences, 

computer science, information technology, nursing, allied 

health, or other scientific disciplines in which African 

Americans are underrepresented and has students enrolled 

in such program of instruction at the time of application 

for a grant under this section. 


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‘‘(B) ENROLLMENT EXCEPTION.—Notwithstanding the 

enrollment requirement contained in subparagraph (A), an 

institution may use an amount equal to not more than 10 

percent of the institution’s grant under this section for the 

development of a new qualified masters degree program. 

‘‘(3) INSTITUTIONAL CHOICE.—The president or chancellor of 

the institution may decide which graduate school or qualified 

masters degree program will receive funds under the grant in 

any one fiscal year, if the allocation of funds among the schools 

or programs is delineated in the application for funds submitted to the Secretary under this section. ‘‘(4) ONE GRANT PER INSTITUTION.—The Secretary shall not 

award more than one grant under this section in any fiscal year 

to any institution of higher education. 

‘‘(c) APPLICATION.—An eligible institution listed in subsection 

(b)(1) desiring a grant under this section shall submit an application at such time, in such manner, and containing such information 

as the Secretary may require. The application shall—

‘‘(1) demonstrate how the grant funds under this section 

will be used to improve graduate educational opportunities for 

Black and low-income students and lead to greater financial 

independence; and 

‘‘(2) provide, in the case of applications for grants in excess 

of $1,000,000, the assurances required under subsection (a)(2) 

and specify the manner in which the eligible institution is going 

to pay the non-Federal share of the cost of the application. 

‘‘(d) USES OF FUNDS.—A grant under this section may be used 

for— ‘‘(1) purchase, rental, or lease of scientific or laboratory 

equipment for educational purposes, including instructional 

and research purposes; ‘‘(2) construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional 

facilities, including purchase or rental of telecommunications 

technology equipment or services; 

‘‘(3) purchase of library books, periodicals, technical and 

other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials; 

‘‘(4) scholarships, fellowships, and other financial assistance for needy graduate students to permit the enrollment of the 

students in, and completion of, a masters degree in mathematics, engineering, the physical or natural sciences, computer 

science, information technology, nursing, allied health, or other 

scientific disciplines in which African Americans are underrepresented; 

‘‘(5) establishing or improving a development office to 

strengthen and increase contributions from alumni and the private sector; 

‘‘(6) assisting in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant to section 331; 

‘‘(7) funds and administrative management, and the acquisition of equipment, including software, for use in strengthening 

funds management and management information systems; 


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‘‘(8) acquisition of real property that is adjacent to the campus in connection with the construction, renovation, or improvement of, or an addition to, campus facilities; 

‘‘(9) education or financial information designed to improve 

the financial literacy and economic literacy of students or the 

students’ families, especially with regard to student indebtedness and student assistance programs under title IV; 

‘‘(10) tutoring, counseling, and student service programs designed to improve academic success; 

‘‘(11) faculty professional development, faculty exchanges, 

and faculty participation in professional conferences and meetings; and 

‘‘(12) other activities proposed in the application submitted 

under subsection (c) that—

‘‘(A) contribute to carrying out the purposes of this section; and 

‘‘(B) are approved by the Secretary as part of the review 

and acceptance of such application. 

‘‘(e) INTERACTION WITH OTHER GRANT PROGRAMS.—No institution that is eligible for and receives an award under section 326, 

512, or 723 for a fiscal year shall be eligible to apply for a grant, 

or receive grant funds, under this section for the same fiscal year. 

‘‘(f) FUNDING RULE.—Subject to subsection (g), of the amount 

appropriated to carry out this section for any fiscal year—

‘‘(1) the first $2,500,000 (or any lesser amount appropriated) shall be available only for the purposes of making minimum grants under subsection (a)(3) to eligible institutions listed in subparagraphs (A) through (E) of subsection (b)(1), except 

that if the amount appropriated is not sufficient to pay the minimum grant awards to all such eligible institutions, the amount 

of the minimum award to each such eligible institution shall be 

ratably reduced; 

‘‘(2) after the application of paragraph (1), an amount shall 

be available for the purpose of making minimum grants under 

subsection (a)(3) to eligible institutions described in subsection 

(b)(1) that do not receive a grant under paragraph (1), if any, 

except that if the amount appropriated is not sufficient to pay 

the minimum grant awards to all such eligible institutions, the 

amount of the minimum award to each such eligible institution 

shall be ratably reduced; and 

‘‘(3) any amount in excess of $2,500,000 shall be made 

available to each of the eligible institutions identified in subparagraphs (A) through (E) of subsection (b)(1), pursuant to a 

formula developed by the Secretary that uses the following elements: 

‘‘(A) The ability of the institution to match Federal 

funds with non-Federal funds. 

‘‘(B) The number of students enrolled in the qualified 

masters degree program at the eligible institution in the 

previous academic year. 

‘‘(C) The average cost of attendance per student, for all 

full-time students enrolled in the qualified masters degree 

program at such institution. 


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‘‘(D) The number of students in the previous year who 

received a degree in the qualified masters degree program 

at such institution. 

‘‘(E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds 

under this section to the total number of African Americans 

receiving masters degrees in the disciplines related to the 

programs for the previous year. 

‘‘(g) HOLD HARMLESS RULE.—Notwithstanding paragraphs (2) 

and (3) of subsection (f), no eligible institution identified in subsection (b)(1) that receives a grant under this section for fiscal year 

2009 and that is eligible to receive a grant in a subsequent fiscal 

year shall receive a grant amount in any such subsequent fiscal 

year that is less than the grant amount received for fiscal year 2009, 

unless—

‘‘(1) the amount appropriated is not sufficient to provide 

such grant amounts to all such institutions and programs that 

received grants under this section for such fiscal year and that 

are eligible to receive a grant in such subsequent fiscal year; or 

‘‘(2) the institution cannot provide sufficient matching 

funds to meet the requirements of this section. 

‘‘SEC. 725. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.—There are authorized to be appropriated 

to carry out section 723 such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years. 

‘‘(b) MASTERS DEGREE PROGRAMS AT PREDOMINANTLY BLACK

INSTITUTIONS.—There are authorized to be appropriated to carry 

out section 724 such sums as may be necessary for fiscal year 2009 

and each of the five succeeding fiscal years.’’. 

SEC. 707. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION. 

(a) CONTRACT AND GRANT PURPOSES.—Section 741(a) (20 

U.S.C. 1138(a)) is amended—

(1) by striking paragraphs (1) through (3) and inserting the 

following: 

‘‘(1) the encouragement of reform and improvement of, and 

innovation in, postsecondary education and the provision of 

educational opportunity for all students, including nontraditional students; 

‘‘(2) the creation of institutions, programs, and joint efforts 

involving paths to career and professional training, including—

‘‘(A) efforts that provide academic credit for programs; 

and 

‘‘(B) combinations of academic and experiential learning; 

‘‘(3) the establishment and continuation of institutions, programs, consortia, collaborations, and other joint efforts based 

on communications technology, including those efforts that utilize distance education and technological advancements to educate and train postsecondary students (including health professionals serving medically underserved populations);’’; 

(2) by striking paragraph (6) and inserting the following: 


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‘‘(6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering postsecondary institutions and pursuing programs of postsecondary 

study tailored to individual needs;’’; 

(3) in paragraph (7), by striking ‘‘and’’ after the semicolon; 

(4) in paragraph (8), by striking the period at the end and 

inserting a semicolon; and 

(5) by adding at the end the following: 

‘‘(9) the introduction of reforms in remedial education, including English language instruction, to customize remedial 

courses to student goals and help students progress rapidly 

from remedial courses into core courses and through postsecondary program completion; 

‘‘(10) the provision of support and assistance to partnerships between institutions of higher education and secondary 

schools with a significant population of students identified as 

late-entering limited English proficient students, to establish 

programs that—

‘‘(A) result in increased secondary school graduation 

rates of limited English proficient students; and 

‘‘(B) increase the number of participating late-entering 

limited English proficient students who pursue postsecondary education; 

‘‘(11) the creation of consortia that join diverse institutions 

of higher education to design and offer curricular and cocurricular interdisciplinary programs at the undergraduate and 

graduate levels, sustained for not less than a 5 year period, 

that—

‘‘(A) focus on poverty and human capability; and 

‘‘(B) include—

‘‘(i) a service-learning component; and 

‘‘(ii) the delivery of educational services through informational resource centers, summer institutes, midyear seminars, and other educational activities that 

stress the effects of poverty and how poverty can be alleviated through different career paths; 

‘‘(12) the provision of support and assistance for demonstration projects to provide comprehensive support services to ensure 

that homeless students, or students who were in foster care or 

were a ward of the court at any time before the age of 13, enroll 

and succeed in postsecondary education, including providing 

housing to such students during periods when housing at the 

institution of higher education is closed or generally unavailable to other students; and 

‘‘(13) the support of efforts to work with institutions of 

higher education, and nonprofit organizations, that seek to promote cultural diversity in the entertainment media industry, including through the training of students in production, marketing, and distribution of culturally relevant content.’’. 

(b) CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT

STUDENTS.—Section 741 (20 U.S.C. 1138) is further amended by 

adding at the end the following: 

‘‘(c) CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT

STUDENTS.—


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‘‘(1) PROGRAM AUTHORIZED.—The Secretary is authorized to 

award one grant or contract to an institution of higher education to enable such institution to establish and maintain a 

center to study and develop best practices for institutions of 

higher education to support single parents who are also students attending such institutions. ‘‘(2) INSTITUTION REQUIREMENTS.—The Secretary shall 

award the grant or contract under this subsection to a four-year 

institution of higher education that has demonstrated expertise 

in the development of programs to assist single parents who are 

students at institutions of higher education, as shown by the institution’s development of a variety of targeted services to such 

students, including on-campus housing, child care, counseling, 

advising, internship opportunities, financial aid, and financial 

aid counseling and assistance. ‘‘(3) CENTER ACTIVITIES.—The center funded under this section shall—

‘‘(A) assist institutions implementing innovative programs that support single parents pursuing higher education; 

‘‘(B) study and develop an evaluation protocol for such 

programs that includes quantitative and qualitative methodologies; 

‘‘(C) provide appropriate technical assistance regarding 

the replication, evaluation, and continuous improvement of 

such programs; and 

‘‘(D) develop and disseminate best practices for such 

programs.’’. 

(c) PROHIBITION.—Section 741 (20 U.S.C. 1138) is further 

amended by adding after subsection (c) (as added by subsection (b) 

of this section) the following: 

‘‘(d) PROHIBITION.—

‘‘(1) IN GENERAL.—No funds made available under this 

part shall be used to provide direct financial assistance in the 

form of grants or scholarships to students who do not meet the 

requirements of section 484(a). ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to prevent a student who does not meet the 

requirements of section 484(a) from participating in programs 

funded under this part.’’. (d) PRIORITY.—Section 741 (20 U.S.C. 1138) is further amended 

by adding after subsection (d) (as added by subsection (c) of this section) the following: 

‘‘(e) PRIORITY.—In making grants under this part to any institution of higher education after the date of enactment of the Higher 

Education Opportunity Act, the Secretary may give priority to institutions that meet or exceed the most current version of ASHRAE/ 

IES Standard 90.1 (as such term is used in section 342(a)(6) of the 

Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) for any 

new facilities construction or major renovation of the institution 

after such date, except that this subsection shall not apply with respect to barns or greenhouses or similar structures owned by the institution.’’. (e) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VETERANS

OR MEMBERS OF THE MILITARY.—Section 741 (20 U.S.C. 1138) is 


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further amended by adding after subsection (e) (as added by subsection (d) of this section) the following: ‘‘(f) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VET- ERANS OR MEMBERS OF THE MILITARY.— ‘‘(1) AUTHORIZATION.—The Secretary shall enter into a contract with a nonprofit organization with demonstrated success 

in carrying out the activities described in this subsection to 

carry out a program to provide postsecondary education scholarships for eligible students. ‘‘(2) DEFINITION OF ELIGIBLE STUDENT.—In this subsection, 

the term ‘eligible student’ means an individual who is enrolled 

as a full-time or part-time student at an institution of higher 

education (as defined in section 102) and is— ‘‘(A) a dependent student who is a child of— ‘‘(i) an individual who is— ‘‘(I) serving on active duty during a war or 

other military operation or national emergency (as 

defined in section 481); or ‘‘(II) performing qualifying National Guard 

duty during a war or other military operation or 

national emergency (as defined in section 481); or 

‘‘(ii) a veteran who— ‘‘(I) served or performed, as described in clause 

(i), since September 11, 2001; and ‘‘(II) died, or has been disabled, as a result of 

such service or performance; or ‘‘(B) an independent student who— ‘‘(i) is a spouse of an individual who is— ‘‘(I) serving on active duty during a war or 

other military operation or national emergency (as 

defined in section 481); or ‘‘(II) performing qualifying National Guard 

duty during a war or other military operation or 

national emergency (as defined in section 481); 

‘‘(ii) was (at the time of death of the veteran) a 

spouse of a veteran who—

‘‘(I) served or performed, as described in clause 

(i), since September 11, 2001; and 

‘‘(II) died as a result of such service or performance; or 

‘‘(iii) is a spouse of a veteran who—

‘‘(I) served or performed, as described in clause 

(i), since September 11, 2001; and 

‘‘(II) has been disabled as a result of such service or performance. 

‘‘(3) AWARDING OF SCHOLARSHIPS.—Scholarships awarded 

under this subsection shall be awarded based on need with priority given to eligible students who are eligible to receive Federal Pell Grants under subpart 1 of part A of title IV. ‘‘(4) MAXIMUM SCHOLARSHIP AMOUNT.—The maximum 

scholarship amount awarded to an eligible student under this 

subsection for an award year shall be the lesser of $5,000, or 

the student’s cost of attendance (as defined in section 472). ‘‘(5) AMOUNTS FOR SCHOLARSHIPS.—All of the amounts appropriated to carry out this subsection for a fiscal year shall be 


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used for scholarships awarded under this subsection, except 

that the nonprofit organization receiving a contract under this 

subsection may use not more than one percent of such amounts 

for the administrative costs of the contract.’’. 

(f) AREAS OF NATIONAL NEED.—Section 744(c) (20 U.S.C. 

1138c(c)) is amended to read as follows: 

‘‘(c) AREAS OF NATIONAL NEED.—Areas of national need shall 

include, at a minimum, the following: 

‘‘(1) Institutional restructuring to improve learning and 

promote productivity, efficiency, quality improvement, and cost 

reduction. 

‘‘(2) Improvements in academic instruction and student 

learning, including efforts designed to assess the learning gains 

made by postsecondary students. 

‘‘(3) Articulation between two- and four-year institutions of 

higher education, including developing innovative methods for 

ensuring the successful transfer of students from two- to fouryear institutions of higher education. 

‘‘(4) Development, evaluation, and dissemination of model 

courses, including model courses that—

‘‘(A) provide students with a broad and integrated 

knowledge base; 

‘‘(B) include, at a minimum, broad survey courses in 

English literature, American and world history, American 

political institutions, economics, philosophy, college-level 

mathematics, and the natural sciences; and 

‘‘(C) include study of a foreign language that leads to 

reading and writing competency in the foreign language. 

‘‘(5) International cooperation and student exchanges 

among postsecondary educational institutions. 

‘‘(6) Support of centers to incorporate education in quality 

and safety into the preparation of medical and nursing students, through grants to medical schools, nursing schools, and 

osteopathic schools. Such grants shall be used to assist in providing courses of instruction that specifically equip students 

to—

‘‘(A) understand the causes of, and remedies for, medical error, medically induced patient injuries and complications, and other defects in medical care; 

‘‘(B) engage effectively in personal and systemic efforts 

to continually reduce medical harm; and 

‘‘(C) improve patient care and outcomes, as recommended by the Institute of Medicine.’’. 

(g) AUTHORIZATION OF APPROPRIATIONS FOR THE FUND FOR THE

IMPROVEMENT OF POSTSECONDARY EDUCATION.—Section 745 (20 

U.S.C. 1138d) is amended by striking ‘‘$30,000,000 for fiscal year 

1999’’ and all that follows through the period at the end and inserting ‘‘such sums as may be necessary for fiscal year 2009 and each 

of the five succeeding fiscal years.’’. 

(h) TECHNICAL FIPSE AMENDMENTS.—Part B of title VII (20 

U.S.C. 1138 et seq.) is further amended—

(1) in section 742 (20 U.S.C. 1138a)—

(A) in subsection (b)—


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(i) by striking ‘‘(b) MEMBERSHIP.—’’ and all that 

follows through ‘‘The Secretary’’ and inserting ‘‘(b) 

MEMBERSHIP.—The Secretary’’; and 

(ii) by striking paragraph (2); 

(B) in subsection (c), by striking ‘‘and the Director’’ each place the term appears; and 

(C) in subsection (d), by striking ‘‘Director’’ and inserting ‘‘Secretary’’; 

(2) in section 743 (20 U.S.C. 1138b)— (A) by striking ‘‘(a) TECHNICAL EMPLOYEES.—’’; and 

(B) by striking subsection (b); and 

(3) in section 744(a) (20 U.S.C. 1138c(a)), by striking ‘‘Director’’ each place the term appears and inserting ‘‘Secretary’’. 

SEC. 708. REPEAL OF THE URBAN COMMUNITY SERVICE PROGRAM. 

Part C of title VII (20 U.S.C. 1139 et seq.) is repealed. 

SEC. 709. PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES 

WITH A QUALITY HIGHER EDUCATION. 

Title VII (20 U.S.C. 1133 et seq.) is further amended— (1) by redesignating section 771 (20 U.S.C. 1141) as section 

781; and 

(2) by striking part D of title VII (20 U.S.C. 1140 et seq.) 

and inserting the following: 

‘‘PART D—PROGRAMS TO PROVIDE STUDENTS 

WITH DISABILITIES WITH A QUALITY HIGHER EDUCATION 

‘‘SEC. 760. DEFINITIONS. 

‘‘In this part: ‘‘(1) COMPREHENSIVE TRANSITION AND POSTSECONDARY PRO- GRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES.—The 

term ‘comprehensive transition and postsecondary program for 

students with intellectual disabilities’ means a degree, certificate, or nondegree program that is—

‘‘(A) offered by an institution of higher education; 

‘‘(B) designed to support students with intellectual disabilities who are seeking to continue academic, career and 

technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment; 

‘‘(C) includes an advising and curriculum structure; 

and 

‘‘(D) requires students with intellectual disabilities to 

participate on not less than a half-time basis, as determined by the institution, with such participation focusing 

on academic components and occurring through one or 

more of the following activities: 

‘‘(i) Regular enrollment in credit-bearing courses 

with nondisabled students offered by the institution. 

‘‘(ii) Auditing or participating in courses with nondisabled students offered by the institution for which 

the student does not receive regular academic credit. 

‘‘(iii) Enrollment in noncredit-bearing, nondegree 

courses with nondisabled students. 


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‘‘(iv) Participation in internships or work-based 

training in settings with nondisabled individuals. 

‘‘(2) STUDENT WITH AN INTELLECTUAL DISABILITY.—The 

term ‘student with an intellectual disability’ means a student—

‘‘(A) with mental retardation or a cognitive impairment, characterized by significant limitations in—

‘‘(i) intellectual and cognitive functioning; and 

‘‘(ii) adaptive behavior as expressed in conceptual, 

social, and practical adaptive skills; and 

‘‘(B) who is currently, or was formerly, eligible for a 

free appropriate public education under the Individuals 

with Disabilities Education Act. 

‘‘Subpart 1—Demonstration Projects to Support 

Postsecondary Faculty, Staff, and Administrators in Educating Students With Disabilities 

‘‘SEC. 761. PURPOSE. 

‘‘It is the purpose of this subpart to support model demonstration projects to provide technical assistance or professional development for postsecondary faculty, staff, and administrators in institutions of higher education to enable such faculty, staff, and administrators to provide students with disabilities with a quality postsecondary education. 

‘‘SEC. 762. GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS AUTHORIZED. 

‘‘(a) COMPETITIVE GRANTS, CONTRACTS, AND COOPERATIVE

AGREEMENTS AUTHORIZED.—

‘‘(1) IN GENERAL.—From amounts appropriated under section 765, the Secretary may award grants, contracts, and cooperative agreements, on a competitive basis, to institutions of 

higher education to enable the institutions to carry out the activities under subsection (b). 

‘‘(2) AWARDS FOR PROFESSIONAL DEVELOPMENT AND TECHNICAL ASSISTANCE.—Not less than two grants, contracts, cooperative agreements, or a combination of such awards shall be 

awarded to institutions of higher education that provide professional development and technical assistance in order for students with learning disabilities to receive a quality postsecondary education. 

‘‘(b) DURATION; ACTIVITIES.— ‘‘(1) DURATION.—A grant, contract, or cooperative agreement under this subpart shall be awarded for a period of three 

years. 

‘‘(2) AUTHORIZED ACTIVITIES.—A grant, contract, or cooperative agreement awarded under this subpart shall be used to 

carry out one or more of the following activities: 

‘‘(A) TEACHING METHODS AND STRATEGIES.—The development of innovative, effective, and efficient teaching methods and strategies, consistent with the principles of universal design for learning, to provide postsecondary faculty, 

staff, and administrators with the skills and supports necessary to teach and meet the academic and programmatic 

needs of students with disabilities, in order to improve the 


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retention of such students in, and the completion by such 

students of, postsecondary education. Such methods and 

strategies may include in-service training, professional development, customized and general technical assistance, 

workshops, summer institutes, distance learning, and training in the use of assistive and educational technology. 

‘‘(B) EFFECTIVE TRANSITION PRACTICES.—The development of innovative and effective teaching methods and 

strategies to provide postsecondary faculty, staff, and administrators with the skill and supports necessary to ensure 

the successful and smooth transition of students with disabilities from secondary school to postsecondary education. 

‘‘(C) SYNTHESIZING RESEARCH AND INFORMATION.—The 

synthesis of research and other information related to the 

provision of postsecondary educational services to students 

with disabilities, including data on the impact of a postsecondary education on subsequent employment of students 

with disabilities. Such research, information, and data 

shall be made publicly available and accessible. 

‘‘(D) DISTANCE LEARNING.—The development of innovative and effective teaching methods and strategies to provide postsecondary faculty, staff, and administrators with 

the ability to provide accessible distance education programs or classes that would enhance the access of students 

with disabilities to postsecondary education, including the 

use of accessible curricula and electronic communication 

for instruction and advising. 

‘‘(E) DISABILITY CAREER PATHWAYS.—

‘‘(i) IN GENERAL.—The provision of information, 

training, and technical assistance to secondary and 

postsecondary faculty, staff, and administrators with 

respect to disability-related fields that would enable 

such faculty, staff, and administrators to—

‘‘(I) encourage interest and participation in 

such fields, among students with disabilities and 

other students; 

‘‘(II) enhance awareness and understanding of 

such fields among students with disabilities and 

other students; 

‘‘(III) provide educational opportunities in 

such fields for students with disabilities and other 

students; 

‘‘(IV) teach practical skills related to such 

fields to students with disabilities and other students; and 

‘‘(V) offer work-based opportunities in such 

fields to students with disabilities and other students. 

‘‘(ii) DEVELOPMENT.—The training and support described in subclauses (I) through (V) of clause (i) may 

include offering students—

‘‘(I) credit-bearing postsecondary-level 

coursework; and 

‘‘(II) career and educational counseling. 


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‘‘(F) PROFESSIONAL DEVELOPMENT AND TRAINING SESSIONS.—The conduct of professional development and training sessions for postsecondary faculty, staff, and administrators from other institutions of higher education to enable 

such individuals to meet the educational needs of students 

with disabilities. 

‘‘(G) ACCESSIBILITY OF EDUCATION.—Making postsecondary education more accessible to students with disabilities through curriculum development, consistent with the 

principles of universal design for learning. 

‘‘(3) MANDATORY EVALUATION AND DISSEMINATION.—An institution of higher education awarded a grant, contract, or cooperative agreement under this subpart shall evaluate and disseminate to other institutions of higher education, the information obtained through the activities described in subparagraphs 

(A) through (G) of paragraph (2). 

‘‘(c) CONSIDERATIONS IN MAKING AWARDS.—In awarding 

grants, contracts, or cooperative agreements under this subpart, the 

Secretary shall consider the following: 

‘‘(1) GEOGRAPHIC DISTRIBUTION.—Providing an equitable 

geographic distribution of such awards. 

‘‘(2) RURAL AND URBAN AREAS.—Distributing such awards 

to urban and rural areas. 

‘‘(3) RANGE AND TYPE OF INSTITUTION.—Ensuring that the 

activities to be assisted are developed for a range of types and 

sizes of institutions of higher education. 

‘‘(4) PRIOR EXPERIENCE OR EXCEPTIONAL PROGRAMS.—Distributing the awards to institutions of higher education with 

demonstrated prior experience in, or exceptional programs for, 

meeting the postsecondary educational needs of students with 

disabilities. 

‘‘(d) REPORTS.—

‘‘(1) INITIAL REPORT.—Not later than one year after the date 

of enactment of the Higher Education Opportunity Act, the Secretary shall prepare and submit to the authorizing committees, 

and make available to the public, a report on all demonstration 

projects awarded grants under this part for any of fiscal years 

1999 through 2008, including a review of the activities and program performance of such demonstration projects based on existing information as of the date of the report. 

‘‘(2) SUBSEQUENT REPORT.—Not later than three years after 

the date of the first award of a grant under this subpart after 

the date of enactment of the Higher Education Opportunity Act, 

the Secretary shall prepare and submit to the authorizing committees, and make available to the public, a report that—

‘‘(A) reviews the activities and program performance of 

the demonstration projects authorized under this subpart; 

and 

‘‘(B) provides guidance and recommendations on how 

effective projects can be replicated. 

‘‘SEC. 763. APPLICATIONS. 

‘‘Each institution of higher education desiring to receive a 

grant, contract, or cooperative agreement under this subpart shall 

submit an application to the Secretary at such time, in such manVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00297 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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ner, and accompanied by such information as the Secretary may require. Each application shall include— ‘‘(1) a description of the activities authorized under this 

subpart that the institution proposes to carry out, and how such 

institution plans to conduct such activities in order to further 

the purpose of this subpart; ‘‘(2) a description of how the institution consulted with a 

broad range of people within the institution to develop activities 

for which assistance is sought; ‘‘(3) a description of how the institution will coordinate and 

collaborate with the office that provides services to students 

with disabilities within the institution; and ‘‘(4) a description of the extent to which the institution will 

work to replicate the research-based and best practices of institutions of higher education with demonstrated effectiveness in 

serving students with disabilities. 

‘‘SEC. 764. RULE OF CONSTRUCTION. 

‘‘Nothing in this subpart shall be construed to impose any additional duty, obligation, or responsibility on an institution of higher 

education or on the institution’s faculty, administrators, or staff 

than is required under section 504 of the Rehabilitation Act of 1973 

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

U.S.C. 12101 et seq.). 

‘‘SEC. 765. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2009 and each 

of the five succeeding fiscal years. 

‘‘Subpart 2—Transition Programs for Students 

With Intellectual Disabilities Into Higher Education 

‘‘SEC. 766. PURPOSE. 

‘‘It is the purpose of this subpart to support model demonstration programs that promote the successful transition of students 

with intellectual disabilities into higher education. 

‘‘SEC. 767. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAMS FOR STUDENTS WITH INTELLECTUAL 

DISABILITIES. 

‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—From amounts appropriated under section 769(a), the Secretary shall annually award grants, on a 

competitive basis, to institutions of higher education (or consortia of institutions of higher education), to enable the institutions or consortia to create or expand high quality, inclusive 

model comprehensive transition and postsecondary programs 

for students with intellectual disabilities. ‘‘(2) ADMINISTRATION.—The program under this section 

shall be administered by the office in the Department that administers other postsecondary education programs. ‘‘(3) DURATION OF GRANTS.—A grant under this section 

shall be awarded for a period of 5 years. 

‘‘(b) APPLICATION.—An institution of higher education (or a consortium) desiring a grant under this section shall submit an appliVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00298 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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cation to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ‘‘(c) AWARD BASIS.—In awarding grants under this section, the 

Secretary shall— ‘‘(1) provide for an equitable geographic distribution of such 

grants; ‘‘(2) provide grant funds for model comprehensive transition 

and postsecondary programs for students with intellectual disabilities that will serve areas that are underserved by programs 

of this type; and ‘‘(3) give preference to applications submitted under subsection (b) that agree to incorporate into the model comprehensive transition and postsecondary program for students with intellectual disabilities carried out under the grant one or more 

of the following elements: ‘‘(A) The formation of a partnership with any relevant 

agency serving students with intellectual disabilities, such 

as a vocational rehabilitation agency. ‘‘(B) In the case of an institution of higher education 

that provides institutionally owned or operated housing for 

students attending the institution, the integration of students with intellectual disabilities into the housing offered 

to nondisabled students. ‘‘(C) The involvement of students attending the institution of higher education who are studying special education, general education, vocational rehabilitation, assistive technology, or related fields in the model program. ‘‘(d) USE OF FUNDS.—An institution of higher education (or consortium) receiving a grant under this section shall use the grant 

funds to establish a model comprehensive transition and postsecondary program for students with intellectual disabilities that— ‘‘(1) serves students with intellectual disabilities; 

‘‘(2) provides individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other 

aspects of the institution of higher education’s regular postsecondary program; 

‘‘(3) with respect to the students with intellectual disabilities participating in the model program, provides a focus on—

‘‘(A) academic enrichment; 

‘‘(B) socialization; 

‘‘(C) independent living skills, including self-advocacy 

skills; and 

‘‘(D) integrated work experiences and career skills that 

lead to gainful employment; 

‘‘(4) integrates person-centered planning in the development 

of the course of study for each student with an intellectual disability participating in the model program; 

‘‘(5) participates with the coordinating center established 

under section 777(b) in the evaluation of the model program; 

‘‘(6) partners with one or more local educational agencies to 

support students with intellectual disabilities participating in 

the model program who are still eligible for special education 

and related services under the Individuals with Disabilities 

Education Act, including the use of funds available under part 


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B of such Act to support the participation of such students in 

the model program; 

‘‘(7) plans for the sustainability of the model program after 

the end of the grant period; and 

‘‘(8) creates and offers a meaningful credential for students 

with intellectual disabilities upon the completion of the model 

program. 

‘‘(e) MATCHING REQUIREMENT.—An institution of higher education (or consortium) that receives a grant under this section shall 

provide matching funds toward the cost of the model comprehensive 

transition and postsecondary program for students with intellectual 

disabilities carried out under the grant. Such matching funds may 

be provided in cash or in-kind, and shall be in an amount of not 

less than 25 percent of the amount of such costs. 

‘‘(f) REPORT.—Not later than five years after the date of the first 

grant awarded under this section, the Secretary shall prepare and 

disseminate a report to the authorizing committees and to the public 

that—

‘‘(1) reviews the activities of the model comprehensive transition and postsecondary programs for students with intellectual disabilities funded under this section; and 

‘‘(2) provides guidance and recommendations on how effective model programs can be replicated. 

‘‘SEC. 768. RULE OF CONSTRUCTION. 

‘‘Nothing in this subpart shall be construed to reduce or expand—

‘‘(1) the obligation of a State or local educational agency to 

provide a free appropriate public education, as defined in section 602 of the Individuals with Disabilities Education Act; or 

‘‘(2) eligibility requirements under any Federal, State, or 

local disability law, including the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12101 et seq.), the Rehabilitation Act of 

1973 (29 U.S.C. 701 et seq.), or the Developmental Disabilities 

Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et 

seq.). 

‘‘SEC. 769. AUTHORIZATION OF APPROPRIATIONS AND RESERVATION. 

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subpart such sums as may 

be necessary for fiscal year 2009 and each of the five succeeding fiscal years. 

‘‘(b) RESERVATION OF FUNDS.—For any fiscal year for which appropriations are made for this subpart, the Secretary shall reserve 

funds to enter into a cooperative agreement to establish the coordinating center under section 777(b), in an amount that is—

‘‘(1) not less than $240,000 for any year in which the 

amount appropriated to carry out this subpart is $8,000,000 or 

less; or 

‘‘(2) equal to 3 percent of the amount appropriated to carry 

out this subpart for any year in which such amount appropriated is greater than $8,000,000. 


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‘‘Subpart 3—Commission on Accessible Materials; 

Programs to Support Improved Access to Materials 

‘‘SEC. 771. DEFINITION OF STUDENT WITH A PRINT DISABILITY. 

‘‘In this subpart, the term ‘student with a print disability’ means a student with a disability who experiences barriers to accessing instructional material in nonspecialized formats, including 

an individual described in section 121(d)(2) of title 17, United 

States Code. 

‘‘SEC. 772. ESTABLISHMENT OF ADVISORY COMMISSION ON ACCESSIBLE INSTRUCTIONAL MATERIALS IN POSTSECONDARY 

EDUCATION FOR STUDENTS WITH DISABILITIES. 

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary shall establish a commission to be known as the Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students 

with Disabilities (in this section referred to as the ‘Commission’). 

‘‘(2) MEMBERSHIP.— ‘‘(A) TOTAL NUMBER OF MEMBERS.—The Commission 

shall include not more than 19 members, who shall be appointed by the Secretary in accordance with subparagraphs 

(B) and (C). ‘‘(B) MEMBERS OF THE COMMISSION.—The Commission 

members shall include one representative from each of the 

following categories: ‘‘(i) The Office of Postsecondary Education of the 

Department. ‘‘(ii) The Office of Special Education and Rehabilitative Services of the Department. ‘‘(iii) The Office for Civil Rights of the Department. 

‘‘(iv) The Library of Congress National Digital Information and Infrastructure Preservation Program 

Copyright Working Group. ‘‘(v) The Association on Higher Education and Disability. ‘‘(vi) The Association of American Publishers. 

‘‘(vii) The Association of American University 

Presses. ‘‘(viii) The National Council on Disability. 

‘‘(ix) Recording for the Blind and Dyslexic. 

‘‘(x) National organizations representing individuals with visual impairments. ‘‘(xi) National organizations representing individuals with learning disabilities. 

‘‘(C) ADDITIONAL MEMBERS OF THE COMMISSION.—The 

Commission members shall include two representatives 

from each of the following categories: ‘‘(i) Staff from institutions of higher education with 

demonstrated experience teaching or supporting students with print disabilities, including representatives 

from both two-year and four-year institutions of higher 

education of different sizes. 

‘‘(ii) Producers of accessible materials, publishing 

software, and supporting technologies in specialized 


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formats, such as Braille, audio or synthesized speech, 

and digital media. ‘‘(iii) Individuals with visual impairments, including not less than one currently enrolled postsecondary 

student. ‘‘(iv) Individuals with dyslexia or other learning 

disabilities related to reading, including not less than 

one currently enrolled postsecondary student. 

‘‘(D) TIMING.—The Secretary shall appoint the members of the Commission not later than 60 days after the 

Commission is established under paragraph (1). 

‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.—The Commission shall select a chairperson and vice chairperson from 

among the members of the Commission. 

‘‘(4) MEETINGS.—

‘‘(A) IN GENERAL.—The Commission shall meet at the 

call of the Chairperson. 

‘‘(B) FIRST MEETING.—Not later than 60 days after the 

appointment of the members of the Commission under 

paragraph (2)(D), the Commission shall hold the Commission’s first meeting. ‘‘(5) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members 

may hold hearings. 

‘‘(b) DUTIES OF THE COMMISSION.— ‘‘(1) STUDY.— ‘‘(A) IN GENERAL.—The Commission shall conduct a 

comprehensive study to— ‘‘(i) assess the barriers and systemic issues that 

may affect, and technical solutions available that may 

improve, the timely delivery and quality of accessible 

instructional materials for postsecondary students with 

print disabilities, as well as the effective use of such 

materials by faculty and staff; and 

‘‘(ii) make recommendations related to the development of a comprehensive approach to improve the opportunities for postsecondary students with print disabilities to access instructional materials in specialized 

formats in a timeframe comparable to the availability 

of instructional materials for postsecondary nondisabled students. 

‘‘(B) EXISTING INFORMATION.—To the extent practicable, in carrying out the study under this paragraph, the 

Commission shall identify and use existing research, recommendations, and information. 

‘‘(C) RECOMMENDATIONS.—

‘‘(i) IN GENERAL.—The Commission shall develop 

recommendations—

‘‘(I) to inform Federal regulations and legislation; ‘‘(II) to support the model demonstration programs authorized under section 773; ‘‘(III) to identify best practices in systems for 

collecting, maintaining, processing, and disseminating materials in specialized formats to students 


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with print disabilities at costs comparable to instructional materials for postsecondary nondisabled students; ‘‘(IV) to improve the effective use of such materials by faculty and staff, while complying with 

applicable copyright law; and ‘‘(V) to modify the definitions of instructional 

materials, authorized entities, and eligible students, as such terms are used in applicable Federal law, for the purpose of improving services to 

students with disabilities. 

‘‘(ii) CONSIDERATIONS.—In developing the recommendations under subparagraph (C), the Commission shall consider—

‘‘(I) how students with print disabilities may 

obtain instructional materials in accessible formats—

‘‘(aa) within a timeframe comparable to 

the availability of instructional materials for 

nondisabled students; and 

‘‘(bb) to the maximum extent practicable, 

at costs comparable to the costs of such materials for nondisabled students; 

‘‘(II) the feasibility and technical parameters of 

establishing standardized electronic file formats, 

such as the National Instructional Materials Accessibility Standard as defined in section 674(e)(3) 

of the Individuals with Disabilities Education Act, 

to be provided by publishers of instructional materials to producers of materials in specialized formats, institutions of higher education, and eligible 

students; 

‘‘(III) the feasibility of establishing a national 

clearinghouse, repository, or file-sharing network 

for electronic files in specialized formats and files 

used in producing instructional materials in specialized formats, and a list of possible entities 

qualified to administer such clearinghouse, repository, or network; 

‘‘(IV) the feasibility of establishing marketbased solutions involving collaborations among 

publishers of instructional materials, producers of 

materials in specialized formats, and institutions 

of higher education; 

‘‘(V) solutions utilizing universal design; and 

‘‘(VI) solutions for low-incidence, high-cost requests for instructional materials in specialized 

formats. 

‘‘(2) REPORT.—Not later than one year after the Commission’s first meeting, the Commission shall submit a report to the 

Secretary and the authorizing committees detailing the findings 

and recommendations of the study conducted under paragraph 

(1). ‘‘(3) DISSEMINATION OF INFORMATION.—In carrying out the 

study under paragraph (1), the Commission shall disseminate 


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information concerning the issues that are the subject of the 

study through—

‘‘(A) the National Technical Assistance Center established under subpart 4; and 

‘‘(B) other means, as determined by the Commission. 

‘‘(c) TERMINATION OF THE COMMISSION.—The Commission shall 

terminate on the date that is 90 days after the date on which the 

Commission submits the report under subsection (b)(2) to the Secretary and the authorizing committees. 

‘‘SEC. 773. MODEL DEMONSTRATION PROGRAMS TO SUPPORT IMPROVED ACCESS TO POSTSECONDARY INSTRUCTIONAL 

MATERIALS FOR STUDENTS WITH PRINT DISABILITIES. 

‘‘(a) PURPOSE.—It is the purpose of this section to support model 

demonstration programs for the purpose of encouraging the development of systems to improve the quality of postsecondary instructional materials in specialized formats and such materials’ timely 

delivery to postsecondary students with print disabilities, including 

systems to improve efficiency and reduce duplicative efforts across 

multiple institutions of higher education. 

‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, the 

term ‘eligible partnership’ means a partnership that—

‘‘(1) shall include—

‘‘(A) an institution of higher education with demonstrated expertise in meeting the needs of students with 

print disabilities, including the retention of such students 

in, and such students’ completion of, postsecondary education; and 

‘‘(B) a public or private entity, other than an institution 

of higher education, with—

‘‘(i) demonstrated expertise in developing accessible 

instructional materials in specialized formats for postsecondary students with print disabilities; and 

‘‘(ii) the technical development expertise necessary 

for the efficient dissemination of such materials, including procedures to protect against copyright infringement with respect to the creation, use, and distribution of instructional materials in specialized formats; and 

‘‘(2) may include representatives of the publishing industry. 

‘‘(c) PROGRAM AUTHORIZED.—From amounts appropriated 

under section 775, the Secretary shall award grants or contracts, on 

a competitive basis, to not less than one eligible partnership to enable the eligible partnership to support the activities described in 

subsection (f) and, as applicable, subsection (g). 

‘‘(d) APPLICATION.—An eligible partnership that desires a grant 

or contract under this section shall submit an application at such 

time, in such manner, and in such format as the Secretary may prescribe. The application shall include information on how the eligible 

partnership will implement activities under subsection (f) and, as 

applicable, subsection (g). 

‘‘(e) PRIORITY.—In awarding grants or contracts under this section, the Secretary shall give priority to any applications that include the development and implementation of the procedures and 

approaches described in paragraphs (2) and (3) of subsection (g). 


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‘‘(f) REQUIRED ACTIVITIES.—An eligible partnership that receives a grant or contract under this section shall use the grant or 

contract funds to carry out the following: 

‘‘(1) Supporting the development and implementation of the 

following: 

‘‘(A) Processes and systems to help identify, and verify 

eligibility of, postsecondary students with print disabilities 

in need of instructional materials in specialized formats. 

‘‘(B) Procedures and systems to facilitate and simplify 

request methods for accessible instructional materials in 

specialized formats from eligible students described in subparagraph (A), which may include a single point-of-entry 

system. 

‘‘(C) Procedures and systems to coordinate among institutions of higher education, publishers of instructional materials, and entities that produce materials in specialized 

formats, to efficiently facilitate—

‘‘(i) requests for such materials; 

‘‘(ii) the responses to such requests; and 

‘‘(iii) the delivery of such materials. 

‘‘(D) Delivery systems that will ensure the timely provision of instructional materials in specialized formats to eligible students, which may include electronic file distribution. 

‘‘(E) Systems to reduce duplicative conversions and improve sharing of the same instructional materials in specialized formats for multiple eligible students at multiple 

institutions of higher education. 

‘‘(F) Procedures to protect against copyright infringement with respect to the development, use, and distribution 

of instructional materials in specialized formats while 

maintaining accessibility for eligible students, which may 

include digital technologies such as watermarking, 

fingerprinting, and other emerging approaches. 

‘‘(G) Awareness, outreach, and training activities for 

faculty, staff, and students related to the acquisition and 

dissemination of instructional materials in specialized formats and instructional materials utilizing universal design. 

‘‘(2) Providing recommendations on how effective procedures and systems described in paragraph (1) may be disseminated and implemented on a national basis. 

‘‘(g) AUTHORIZED APPROACHES.—An eligible partnership that receives a grant or contract under this section may use the grant or 

contract funds to support the development and implementation of 

the following: 

‘‘(1) Approaches for the provision of instructional materials 

in specialized formats limited to instructional materials used in 

smaller categories of postsecondary courses, such as introductory, first-, and second-year courses. 

‘‘(2) Approaches supporting a unified search for instructional materials in specialized formats across multiple databases or lists of available materials. 


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‘‘(3) Market-based approaches for making instructional materials in specialized formats directly available to eligible students at prices comparable to standard instructional materials. 

‘‘(h) REPORT.—Not later than three years after the date of the 

first grant or contract awarded under this section, the Secretary 

shall submit to the authorizing committees a report that includes—

‘‘(1) the number of grants and contracts and the amount of 

funds distributed under this section; 

‘‘(2) a summary of the purposes for which the grants and 

contracts were provided and an evaluation of the progress made 

under such grants and contracts; 

‘‘(3) a summary of the activities implemented under subsection (f) and, as applicable, subsection (g), including data on 

the number of postsecondary students with print disabilities 

served and the number of instructional material requests executed and delivered in specialized formats; and 

‘‘(4) an evaluation of the effectiveness of programs funded 

under this section. 

‘‘(i) MODEL EXPANSION.—The Secretary may, on the basis of the 

reports under subsection (h) and section 772(b)(2) and any evaluations of the projects funded under this section, expand the program 

under this section to additional grant or contract recipients that use 

other programmatic approaches and serve different geographic regions, if the Secretary finds that the models used under this section—

‘‘(1) are effective in improving the timely delivery and quality of materials in specialized formats; and 

‘‘(2) provide adequate protections against copyright infringement. 

‘‘SEC. 774. RULE OF CONSTRUCTION. 

‘‘Nothing in this subpart shall be construed to limit or preempt 

any State law requiring the production or distribution of postsecondary instructional materials in accessible formats to students 

with disabilities. 

‘‘SEC. 775. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this subpart such sums as may be necessary for fiscal year 

2009 and each of the five succeeding fiscal years. 

‘‘(b) PRIORITY.—For the first fiscal year for which funds are 

made available under this section, the Secretary shall give priority 

to allocating funding for the purposes of section 772. 

‘‘Subpart 4—National Technical Assistance Center; 

Coordinating Center 

‘‘SEC. 776. PURPOSE. 

‘‘It is the purpose of this subpart to provide technical assistance 

and information on best and promising practices to students with 

disabilities, the families of students with disabilities, and entities 

awarded grants, contracts, or cooperative agreements under subpart 

1, 2, or 3 to improve the postsecondary recruitment, transition, retention, and completion rates of students with disabilities. 


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‘‘SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER; COORDINATING CENTER. 

‘‘(a) NATIONAL CENTER.—

‘‘(1) IN GENERAL.—From amounts appropriated under section 778, the Secretary shall award a grant to, or enter into a 

contract or cooperative agreement with, an eligible entity to provide for the establishment and support of a National Center for 

Information and Technical Support for Postsecondary Students 

with Disabilities (in this subsection referred to as the ‘National 

Center’). The National Center shall carry out the duties set 

forth in paragraph (4). 

‘‘(2) ADMINISTRATION.—The program under this section 

shall be administered by the office in the Department that administers other postsecondary education programs. 

‘‘(3) ELIGIBLE ENTITY.—In this subpart, the term ‘eligible 

entity’ means an institution of higher education, a nonprofit organization, or partnership of two or more such institutions or 

organizations, with demonstrated expertise in—

‘‘(A) supporting students with disabilities in postsecondary education; 

‘‘(B) technical knowledge necessary for the dissemination of information in accessible formats; 

‘‘(C) working with diverse types of institutions of higher 

education, including community colleges; and 

‘‘(D) the subjects supported by the grants, contracts, or 

cooperative agreements authorized in subparts 1, 2, and 3. 

‘‘(4) DUTIES.—The duties of the National Center shall include the following: 

‘‘(A) ASSISTANCE TO STUDENTS AND FAMILIES.—The 

National Center shall provide information and technical 

assistance to students with disabilities and the families of 

students with disabilities to support students across the 

broad spectrum of disabilities, including—

‘‘(i) information to assist individuals with disabilities who are prospective students of an institution of 

higher education in planning for postsecondary education while the students are in secondary school; 

‘‘(ii) information and technical assistance provided 

to individualized education program teams (as defined 

in section 614(d)(1) of the Individuals with Disabilities 

Education Act) for secondary school students with disabilities, and to early outreach and student services 

programs, including programs authorized under subparts 2, 4, and 5 of part A of title IV, to support students across a broad spectrum of disabilities with the 

successful transition to postsecondary education; 

‘‘(iii) research-based supports, services, and accommodations which are available in postsecondary settings, including services provided by other agencies 

such as vocational rehabilitation; 

‘‘(iv) information on student mentoring and networking opportunities for students with disabilities; 

and 

‘‘(v) effective recruitment and transition programs 

at postsecondary educational institutions. 


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‘‘(B) ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION.—The National Center shall provide information 

and technical assistance to faculty, staff, and administrators of institutions of higher education to improve the services provided to, the accommodations for, the retention 

rates of, and the completion rates of, students with disabilities in higher education settings, which may include—

‘‘(i) collection and dissemination of best and promising practices and materials for accommodating and 

supporting students with disabilities, including practices and materials supported by the grants, contracts, 

or cooperative agreements authorized under subparts 1, 

2, and 3; 

‘‘(ii) development and provision of training modules for higher education faculty on exemplary practices for accommodating and supporting postsecondary 

students with disabilities across a range of academic 

fields, which may include universal design for learning 

and practices supported by the grants, contracts, or cooperative agreements authorized under subparts 1, 2, 

and 3; and 

‘‘(iii) development of technology-based tutorials for 

higher education faculty and staff, including new faculty and graduate students, on best and promising 

practices related to support and retention of students 

with disabilities in postsecondary education. 

‘‘(C) INFORMATION COLLECTION AND DISSEMINATION.—

The National Center shall be responsible for building, 

maintaining, and updating a database of disability support 

services information with respect to institutions of higher 

education, or for expanding and updating an existing database of disabilities support services information with respect to institutions of higher education. Such database 

shall be available to the general public through a website 

built to high technical standards of accessibility practicable 

for the broad spectrum of individuals with disabilities. 

Such database and website shall include available information on—

‘‘(i) disability documentation requirements; 

‘‘(ii) support services available; 

‘‘(iii) links to financial aid; 

‘‘(iv) accommodations policies; 

‘‘(v) accessible instructional materials; 

‘‘(vi) other topics relevant to students with disabilities; and 

‘‘(vii) the information in the report described in 

subparagraph (E). 

‘‘(D) DISABILITY SUPPORT SERVICES.—The National 

Center shall work with organizations and individuals with 

proven expertise related to disability support services for 

postsecondary students with disabilities to evaluate, improve, and disseminate information related to the delivery 

of high quality disability support services at institutions of 

higher education. 


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‘‘(E) REVIEW AND REPORT.—Not later than three years 

after the establishment of the National Center, and every 

two years thereafter, the National Center shall prepare and 

disseminate a report to the Secretary and the authorizing 

committees analyzing the condition of postsecondary success for students with disabilities. Such report shall include—

‘‘(i) a review of the activities and the effectiveness 

of the programs authorized under this part; 

‘‘(ii) annual enrollment and graduation rates of 

students with disabilities in institutions of higher education from publicly reported data; 

‘‘(iii) recommendations for effective postsecondary 

supports and services for students with disabilities, 

and how such supports and services may be widely implemented at institutions of higher education; 

‘‘(iv) recommendations on reducing barriers to full 

participation for students with disabilities in higher 

education; and 

‘‘(v) a description of strategies with a demonstrated 

record of effectiveness in improving the success of such 

students in postsecondary education. 

‘‘(F) STAFFING OF THE CENTER.—In hiring employees of 

the National Center, the National Center shall consider the 

expertise and experience of prospective employees in providing training and technical assistance to practitioners. 

‘‘(b) COORDINATING CENTER.—

‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, 

the term ‘eligible entity’ means an entity, or a partnership of entities, that has demonstrated expertise in the fields of—

‘‘(A) higher education; 

‘‘(B) the education of students with intellectual disabilities; 

‘‘(C) the development of comprehensive transition and 

postsecondary programs for students with intellectual disabilities; and 

‘‘(D) evaluation and technical assistance. 

‘‘(2) IN GENERAL.—From amounts appropriated under section 778, the Secretary shall enter into a cooperative agreement, 

on a competitive basis, with an eligible entity for the purpose 

of establishing a coordinating center for institutions of higher 

education that offer inclusive comprehensive transition and 

postsecondary programs for students with intellectual disabilities, including institutions participating in grants authorized 

under subpart 2, to provide—

‘‘(A) recommendations related to the development of 

standards for such programs; 

‘‘(B) technical assistance for such programs; and 

‘‘(C) evaluations for such programs. 

‘‘(3) ADMINISTRATION.—The program under this subsection 

shall be administered by the office in the Department that administers other postsecondary education programs. 

‘‘(4) DURATION.—The Secretary shall enter into a cooperative agreement under this subsection for a period of five years. 


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‘‘(5) REQUIREMENTS OF COOPERATIVE AGREEMENT.—The eligible entity entering into a cooperative agreement under this 

subsection shall establish and maintain a coordinating center 

that shall—

‘‘(A) serve as the technical assistance entity for all comprehensive transition and postsecondary programs for students with intellectual disabilities; ‘‘(B) provide technical assistance regarding the development, evaluation, and continuous improvement of such programs; ‘‘(C) develop an evaluation protocol for such programs 

that includes qualitative and quantitative methodologies 

for measuring student outcomes and program strengths in 

the areas of academic enrichment, socialization, independent living, and competitive or supported employment; ‘‘(D) assist recipients of grants under subpart 2 in efforts to award a meaningful credential to students with intellectual disabilities upon the completion of such programs, which credential shall take into consideration 

unique State factors; ‘‘(E) develop recommendations for the necessary components of such programs, such as— ‘‘(i) academic, vocational, social, and independent 

living skills; ‘‘(ii) evaluation of student progress; 

‘‘(iii) program administration and evaluation; 

‘‘(iv) student eligibility; and 

‘‘(v) issues regarding the equivalency of a student’s 

participation in such programs to semester, trimester, 

quarter, credit, or clock hours at an institution of higher education, as the case may be; 

‘‘(F) analyze possible funding streams for such programs and provide recommendations regarding the funding 

streams; 

‘‘(G) develop model memoranda of agreement for use 

between or among institutions of higher education and 

State and local agencies providing funding for such programs; 

‘‘(H) develop mechanisms for regular communication, 

outreach and dissemination of information about comprehensive transition and postsecondary programs for students with intellectual disabilities under subpart 2 between 

or among such programs and to families and prospective 

students; 

‘‘(I) host a meeting of all recipients of grants under 

subpart 2 not less often than once each year; and 

‘‘(J) convene a workgroup to develop and recommend 

model criteria, standards, and components of such programs as described in subparagraph (E), that are appropriate for the development of accreditation standards, 

which workgroup shall include—

‘‘(i) an expert in higher education; 

‘‘(ii) an expert in special education; 

‘‘(iii) a disability organization that represents students with intellectual disabilities; 


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‘‘(iv) a representative from the National Advisory 

Committee on Institutional Quality and Integrity; and 

‘‘(v) a representative of a regional or national accreditation agency or association. 

‘‘(6) REPORT.—Not later than five years after the date of the 

establishment of the coordinating center under this subsection, 

the coordinating center shall report to the Secretary, the authorizing committees, and the National Advisory Committee on Institutional Quality and Integrity on the recommendations of the 

workgroup described in paragraph (5)(J). 

‘‘SEC. 778. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2009 and each 

of the five succeeding fiscal years.’’. 

SEC. 710. SUBGRANTS TO NONPROFIT ORGANIZATIONS. 

Section 781 (as redesignated by section 709(1)) (20 U.S.C. 1141) 

is amended—

(1) in subsection (a), by striking the second sentence and inserting the following: ‘‘In addition to the amount authorized 

and appropriated under the preceding sentence, there are authorized to be appropriated to carry out this section such sums 

as may be necessary for fiscal year 2009 and each of the five 

succeeding fiscal years.’’; 

(2) in subsection (b)(1), by inserting ‘‘, subject to the availability of appropriations,’’ after ‘‘the Secretary shall’’; and 

(3) in subsection (e), by inserting after ‘‘of this Act)’’ the following: ‘‘, or those nonprofit organizations that have agreements 

with the Secretary under section 435(j)’’. 

TITLE VIII—ADDITIONAL PROGRAMS 

SEC. 801. ADDITIONAL PROGRAMS. 

The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is 

further amended by adding at the end the following new title: 

‘‘TITLE VIII—ADDITIONAL PROGRAMS 

‘‘PART A—PROJECT GRAD 

‘‘SEC. 801. PROJECT GRAD. 

‘‘(a) PURPOSES.—The purposes of this section are—

‘‘(1) to provide support and assistance to programs implementing integrated education reform services in order to improve secondary school graduation, postsecondary program attendance, and postsecondary completion rates for low-income 

students; and 

‘‘(2) to promote the establishment of new programs to implement such integrated education reform services. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) LOW-INCOME STUDENT.—The term ‘low-income student’

means a student who is determined by a local educational 

agency to be from a low-income family using the measures deVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00311 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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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 fiveyear contract to Project GRAD USA (referred to in this section as 

the ‘contractor’), a nonprofit education organization that has as its 

primary purpose the improvement of secondary school graduation 

and postsecondary attendance and completion rates for low-income 

students. Such contract shall be used to carry out the requirements 

of subsection (d) and to implement and sustain integrated education 

reform services through subcontractor activities described in subsection (e)(3) at existing Project GRAD program sites and to promote 

the expansion to new sites. ‘‘(d) REQUIREMENTS OF CONTRACT.—The Secretary shall enter 

into an agreement with the contractor that requires that the contractor shall—

‘‘(1) enter into subcontracts with nonprofit educational organizations that serve a substantial number or percentage of 

low-income students (referred to in this subsection as ‘subcontractors’), under which the subcontractors agree to implement the Project GRAD programs described in subsection (e) 

and provide matching funds for such programs; 

‘‘(2) directly carry out—

‘‘(A) activities to implement and sustain the literacy, 

mathematics, classroom management, social service, and 

postsecondary access programs further described in subsection (e)(3); 

‘‘(B) activities to build the organizational and management capacity of the subcontractors to effectively implement 

and sustain the programs; ‘‘(C) activities for the purpose of improving and expanding the programs, including activities— ‘‘(i) to further articulate a program for one or more 

grade levels and across grade levels; ‘‘(ii) to tailor a program for a particular target audience; and ‘‘(iii) to provide tighter integration across programs; 

‘‘(D) activities for the purpose of implementing new 

Project GRAD program sites; ‘‘(E) activities for the purpose of promoting greater public awareness of integrated education reform services to improve secondary school graduation and postsecondary attendance rates for low-income students; and ‘‘(F) other activities directly related to improving secondary school graduation and postsecondary attendance 

and completion rates for low-income students; and 

‘‘(3) use contract funds available under this section to pay—

‘‘(A) the amount determined under subsection (f); and 

‘‘(B) costs associated with carrying out the activities 

and providing the services, as provided in paragraph (2) of 

this subsection. 


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‘‘(e) SUPPORTED PROGRAMS.—

‘‘(1) DESIGNATION.—The subcontractor programs referred to 

in this subsection shall be known as Project GRAD programs. 

‘‘(2) FEEDER PATTERNS.—Each subcontractor shall implement a Project GRAD program and shall, with the agreement 

of the contractor—

‘‘(A) identify or establish not less than one feeder pattern of public schools; and 

‘‘(B) provide the integrated educational reform services 

described in paragraph (3) at each identified feeder pattern. 

‘‘(3) INTEGRATED EDUCATION REFORM SERVICES.—The services provided through a Project GRAD program may include—

‘‘(A) research-based programs in reading, mathematics, 

and classroom management; 

‘‘(B) campus-based social services programs, including 

a systematic approach to increase family and community 

involvement in the schools served by the Project GRAD program; 

‘‘(C) a postsecondary access program that includes—

‘‘(i) providing postsecondary scholarships for students who meet established criteria; 

‘‘(ii) proven approaches for increasing student and 

family postsecondary awareness; and 

‘‘(iii) assistance for students in applying for higher 

education financial aid; and 

‘‘(D) such other services identified by the contractor as 

necessary to increase secondary school graduation and postsecondary attendance and completion rates. 

‘‘(f) USE OF FUNDS.—Of the funds made available to carry out 

this section, not more than five percent of such funds, or $4,000,000, 

whichever is less, shall be used by the contractor to pay for administration of the contract. 

‘‘(g) CONTRIBUTION AND MATCHING REQUIREMENT.—

‘‘(1) IN GENERAL.—The contractor shall provide to each subcontractor an average of $200 for each student served by the 

subcontractor in the Project GRAD program, adjusted to take 

into consideration—

‘‘(A) the resources or funds available in the area where 

the subcontractor will implement the Project GRAD program; and 

‘‘(B) the need for the Project GRAD program in such 

area to improve student outcomes, including reading and 

mathematics achievement, secondary school graduation, 

and postsecondary attendance and completion rates. 

‘‘(2) MATCHING REQUIREMENT.—Each subcontractor shall 

provide funds for the Project GRAD program in an amount that 

is equal to the amount received by the subcontractor from the 

contractor. Such matching funds may be provided in cash or in 

kind, fairly evaluated. 

‘‘(3) WAIVER AUTHORITY.—The contractor may waive, in 

whole or in part, the requirement of paragraph (2) for a subcontractor, if the subcontractor—

‘‘(A) demonstrates that the subcontractor would not 

otherwise be able to participate in the program; and 


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‘‘(B) enters into an agreement with the contractor with 

respect to the amount to which the waiver will apply. ‘‘(h) EVALUATION.— ‘‘(1) EVALUATION BY THE SECRETARY.—The Secretary shall 

select an independent entity to evaluate, every three years, the 

performance of students who participate in a Project GRAD program under this section. The evaluation shall— ‘‘(A) be conducted using a rigorous research design for 

determining the effectiveness of the Project GRAD programs 

funded under this section; and ‘‘(B) compare reading and mathematics achievement, 

secondary school graduation, and postsecondary attendance 

and completion rates of students who participate in a 

Project GRAD program funded under this section with 

those indicators for students of similar backgrounds who 

do not participate in such program. 

‘‘(2) EVALUATION BY CONTRACTOR AND SUBCONTRACTORS.— The contractor shall require each subcontractor to prepare an 

in-depth report of the results and the use of funds of each 

Project GRAD program funded under this section that includes—‘‘(A) data on the reading and mathematics achievement 

of students involved in the Project GRAD program; ‘‘(B) data on secondary school graduation and postsecondary attendance and completion rates; and ‘‘(C) such financial reporting as required by the Secretary to review the effectiveness and efficiency of the program. 

‘‘(3) AVAILABILITY OF EVALUATIONS.—Copies of any evaluation or report prepared under this subsection shall be made 

available to— ‘‘(A) the Secretary; and 

‘‘(B) the authorizing committees. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART B—MATHEMATICS AND SCIENCE 

SCHOLARS PROGRAM 

‘‘SEC. 802. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM. 

‘‘(a) PROGRAM AUTHORIZED.—From the amounts appropriated 

under subsection (f), the Secretary is authorized to award grants to 

States, on a competitive basis, to enable the States to encourage students to pursue a rigorous course of study, beginning in secondary 

school and continuing through the students’ postsecondary education, in science, technology, engineering, mathematics, or a 

health-related field. ‘‘(b) APPLICATIONS.— ‘‘(1) IN GENERAL.—A State that desires a grant under this 

section shall submit an application to the Secretary at such 

time, in such manner, and containing such information as the 

Secretary may require. A State may submit an application to 

receive a grant under subsection (c) or (d), or both. 


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‘‘(2) CONTENTS OF APPLICATION.—Each application shall 

include a description of—

‘‘(A) the program or programs for which the State is 

applying; 

‘‘(B) if applicable, the priority set by the Governor pursuant to subsection (c)(4) or (d)(3); and 

‘‘(C) how the State will meet the requirements of subsection (e). 

‘‘(c) MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.—

‘‘(1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award 

grants under this subsection to provide scholarship support to 

eligible students. 

‘‘(2) ELIGIBLE STUDENTS.—A student is eligible for a scholarship under this subsection if the student—

‘‘(A) meets the requirements of section 484(a); 

‘‘(B) is a full-time student in the student’s first year of 

undergraduate study; and 

‘‘(C) has completed a rigorous secondary school curriculum in mathematics and science. 

‘‘(3) RIGOROUS CURRICULUM.—Each participating State 

shall determine the requirements for a rigorous secondary 

school curriculum in mathematics and science described in 

paragraph (2)(C). 

‘‘(4) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State 

may set a priority for awarding scholarships under this subsection for particular eligible students, such as students attending schools in high-need local educational agencies (as defined 

in section 200), students who are from groups underrepresented 

in the fields of mathematics, science, and engineering, students 

served by local educational agencies that do not meet or exceed 

State standards in mathematics and science, or other high-need 

students. 

‘‘(5) AMOUNT AND DURATION OF SCHOLARSHIP.—The Secretary shall award a grant under this subsection to provide 

scholarships—

‘‘(A) in an amount that does not exceed $5,000 per student; and 

‘‘(B) for not more than one year of undergraduate 

study. 

‘‘(d) STEM OR HEALTH-RELATED SCHOLARS PROGRAM.—

‘‘(1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award 

grants under this subsection to provide scholarship support to 

eligible students. 

‘‘(2) ELIGIBLE STUDENTS.—A student is eligible for scholarship under this subsection if the student—

‘‘(A) meets the requirements of section 484(a); 

‘‘(B) is a full-time student who has completed at least 

the first year of undergraduate study; 

‘‘(C) is enrolled in a program of undergraduate instruction leading to a bachelor’s degree with a major in science, 

technology, engineering, mathematics, or a health-related 

field; and 

‘‘(D) has obtained a cumulative grade point average of 

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lation prescribed by the Secretary) at the end of the most 

recently completed term. 

‘‘(3) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State 

may set a priority for awarding scholarships under this subsection for students agreeing to work in areas of science, technology, engineering, mathematics, or health-related fields. 

‘‘(4) AMOUNT AND DURATION OF SCHOLARSHIP.—The Secretary shall award a grant under this subsection to provide 

scholarships—

‘‘(A) in an amount that does not exceed $5,000 per student for an academic year; and 

‘‘(B) in an aggregate amount that does not exceed 

$20,000 per student. 

‘‘(e) MATCHING REQUIREMENT.—In order to receive a grant 

under this section, a State shall provide matching funds for the 

scholarships awarded under this section in an amount equal to 50 

percent of the Federal funds received. 

‘‘(f) AUTHORIZATION.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years. 

‘‘(g) DEFINITION.—The term ‘Governor’ means the chief executive 

officer of a State. 

‘‘PART C—BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL TRAINING IN HIGHGROWTH OCCUPATIONS OR INDUSTRIES 

‘‘SEC. 803. BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL 

TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUSTRIES. 

‘‘(a) PURPOSE.—The purpose of this section is to provide grants 

to institutions of higher education partnering with employers to—

‘‘(1) provide relevant job skill training in high-growth and 

high-wage industries or occupations to nontraditional students; 

and 

‘‘(2) strengthen ties between degree credit offerings at institutions of higher education and business and industry workforce needs. 

‘‘(b) AUTHORIZATION.—

‘‘(1) IN GENERAL.—From the amounts appropriated under 

subsection (k), the Secretary shall award grants, on a competitive basis, to eligible partnerships for the purpose provided in 

subsection (a). 

‘‘(2) DURATION.—The Secretary shall award grants under 

this section for a period of not less than 36 months and not 

more than 60 months. 

‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds made available 

under this section shall be used to supplement, and not supplant, other Federal, State, and local funds available to the eligible partnership for carrying out the activities described in 

subsection (c). 

‘‘(c) USE OF FUNDS.—In consultation with all of the members of 

an eligible partnership, grant funds provided under this section 

may be used to—


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‘‘(1) expand or create for-credit academic programs or programs of training that provide relevant job skill training for 

high-growth and high-wage occupations or industries, including offerings connected to registered apprenticeship programs 

and entrepreneurial training opportunities; ‘‘(2) in consultation with faculty in the appropriate departments of an institution of higher education, adapt college offerings to the schedules and needs of working students, such as 

the creation of evening, weekend, modular, compressed, or distance learning formats; ‘‘(3) purchase equipment that will facilitate the development 

of academic programs or programs of training that provide 

training for high-growth and high-wage occupations or industries; ‘‘(4) strengthen outreach efforts that enable students, including students with limited English proficiency, to attend institutions of higher education with academic programs or programs of training focused on high-growth and high-wage occupations or industries; ‘‘(5) expand worksite learning and training opportunities, 

including registered apprenticeships as appropriate; and ‘‘(6) support other activities the Secretary determines to be 

consistent with the purpose of this section. 

‘‘(d) APPLICATION.— ‘‘(1) IN GENERAL.—Each eligible partnership that desires a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such 

additional information as the Secretary may require. ‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include a description of—

‘‘(A) how the eligible partnership, through the institution of higher education, will provide relevant job skill 

training for students to enter high-growth and high-wage 

occupations or industries; and ‘‘(B) how the eligible partnership has consulted with 

employers and, where applicable, labor organizations to 

identify local high-growth and high-wage occupations or 

industries. ‘‘(e) AWARD BASIS.—In awarding grants under this section, the 

Secretary shall— ‘‘(1) give priority to applications focused on serving nontraditional students; ‘‘(2) ensure an equitable distribution of grant funds under 

this section among urban and rural areas of the United States; 

and ‘‘(3) take into consideration the capability of an institution 

of higher education that is participating in an eligible partnership to—

‘‘(A) offer one- or two-year high-quality programs of instruction and job skill training for students entering a 

high-growth and high-wage occupation or industry; 

‘‘(B) involve the local business community, and to place 

graduates in employment in high-growth and high-wage occupations or industries in the community; and 

‘‘(C) serve adult workers or displaced workers. 


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‘‘(f) ADMINISTRATIVE COSTS.—A grantee under this section may 

use not more than five percent of the grant amount to pay administrative costs associated with activities funded by the grant. 

‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to grantees under this section throughout the grant 

period. 

‘‘(h) EVALUATION.—The Secretary shall conduct an evaluation of 

the effectiveness of the program under this section based on performance standards developed in consultation with the Department of 

Labor, and shall disseminate to the public the findings of such evaluation and information related to promising practices developed 

under this section. 

‘‘(i) REPORT TO CONGRESS.—Not later than 36 months after the 

first grant is awarded under this section, the Comptroller General 

shall report to the authorizing committees recommendations—

‘‘(1) for changes to this Act and related Acts, such as the 

Carl D. Perkins Career and Technical Education Act of 2006 

and the Workforce Investment Act of 1998 (including titles I 

and II), to help create and sustain business and industry workforce partnerships at institutions of higher education; and 

‘‘(2) for other changes to this Act and related Acts to otherwise strengthen the links between business and industry workforce needs, workforce development programs, and other degree 

credit offerings at institutions of higher education. 

‘‘(j) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE PARTNERSHIP.—

‘‘(A) IN GENERAL.—The term ‘eligible partnership’

means a partnership that includes—

‘‘(i) one or more institutions of higher education, 

one of which serves as the fiscal agent and grant recipient for the eligible partnership; 

‘‘(ii) except as provided in subparagraph (B), an 

employer, group of employers, local board (as such 

term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or workforce intermediary, or any combination thereof; and 

‘‘(iii) where applicable, one or more labor organizations that represent workers locally in the businesses or 

industries that are the focus of the partnership, including as a result of such an organization’s representation 

of employees at a worksite at which the partnership 

proposes to conduct activities under this section. 

‘‘(B) STATE AND LOCAL BOARDS.—Notwithstanding subparagraph (A), if an institution of higher education that is 

participating in an eligible partnership under this section 

is located in a State that does not operate local boards, an 

eligible partnership may include a State board (as such 

term is defined in section 101 of the Workforce Investment 

Act of 1998 (29 U.S.C. 2801)). 

‘‘(C) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to prohibit an eligible partnership that is in existence on the date of enactment of the 

Higher Education Opportunity Act from applying for a 

grant under this section. 


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‘‘(2) NONTRADITIONAL STUDENT.—The term ‘nontraditional 

student’ means a student—

‘‘(A) who is an independent student, as defined in section 480(d); 

‘‘(B) who attends an institution of higher education—

‘‘(i) on less than a full-time basis; 

‘‘(ii) via evening, weekend, modular, or compressed 

courses; or 

‘‘(iii) via distance education methods; and 

‘‘(C) who—

‘‘(i) enrolled for the first time in an institution of 

higher education three or more years after completing 

high school; or 

‘‘(ii) works full-time. 

‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART D—CAPACITY FOR NURSING STUDENTS 

AND FACULTY 

‘‘SEC. 804. CAPACITY FOR NURSING STUDENTS AND FACULTY. 

‘‘(a) AUTHORIZATION.—From the amounts appropriated under 

subsection (f), the Secretary shall award grants to institutions of 

higher education that offer—

‘‘(1) an accredited registered nursing program at the baccalaureate or associate degree level to enable such program to expand the faculty and facilities of such program to accommodate 

additional students in such program; or 

‘‘(2) an accredited graduate-level nursing program to accommodate advanced practice degrees for registered nurses or to 

accommodate students enrolled in such program to become 

teachers of nursing students. 

‘‘(b) DETERMINATION OF NUMBER OF STUDENTS AND APPLICATION.—Each institution of higher education that offers a program 

described in subsection (a) that desires to receive a grant under this 

section shall—

‘‘(1) determine, for the four academic years preceding the 

academic year for which the determination is made, the average 

number of matriculated nursing program students, in each of 

the institution’s accredited associate, baccalaureate, or advanced nursing degree programs at such institution for such 

academic years; 

‘‘(2) submit an application to the Secretary at such time, in 

such manner, and accompanied by such information as the Secretary may require, including the average number in each of the 

institution’s accredited nursing programs determined under 

paragraph (1); and 

‘‘(3) with respect to the partnerships described in subsection 

(c)(2)(B), provide assurances that—

‘‘(A) the individuals enrolled in the program will—

‘‘(i) be registered nurses in pursuit of a master’s or 

doctoral degree in nursing; and 


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‘‘(ii) have a contractual obligation with the hospital or health facility that is in partnership with the 

institution of higher education; 

‘‘(B) the hospital or health facility of employment will 

be the clinical site for the accredited school of nursing program, if the program requires a clinical site; ‘‘(C) individuals enrolled in the program will— ‘‘(i) maintain their employment on at least a parttime basis with the hospital or health facility that allowed them to participate in the program; and ‘‘(ii) receive an income from the hospital or health 

facility, as at least a part-time employee, and release 

times or flexible schedules, to accommodate their program requirements, as necessary; and 

‘‘(D) upon completion of the program, recipients of 

scholarships described in subsection (c)(2)(B)(ii)(III) will be 

required to teach for two years in an accredited school of 

nursing for each year of support the individual received 

under this section. ‘‘(c) GRANT AMOUNT; AWARD BASIS.—

‘‘(1) GRANT AMOUNT.—For each academic year after academic year 2009–2010, the Secretary is authorized to provide to 

each institution of higher education awarded a grant under this 

section an amount that is equal to $3,000 multiplied by the 

number by which— ‘‘(A) the number of matriculated nursing program students at such institution for such academic year, exceeds ‘‘(B) the average number determined with respect to 

such institution under subsection (b)(1). 

‘‘(2) DISTRIBUTION OF GRANTS AMONG DIFFERENT DEGREE

PROGRAMS.—‘‘(A) IN GENERAL.—Subject to subparagraph (D), from 

the funds available to award grants under this section for 

each fiscal year, the Secretary shall— ‘‘(i) use 20 percent of such funds to award grants 

under this section to institutions of higher education 

for the purpose of accommodating advanced practice 

degrees or students in accredited graduate-level nursing programs; ‘‘(ii) use 40 percent of such funds to award grants 

under this section to institutions of higher education 

for the purpose of expanding accredited registered 

nurse programs at the baccalaureate degree level; and ‘‘(iii) use 40 percent of such funds to award grants 

under this section to institutions of higher education 

for the purpose of expanding accredited registered 

nurse programs at the associate degree level. 

‘‘(B) OPTIONAL USES OF FUNDS.—Grants awarded 

under this section may be used to support partnerships 

with hospitals or health facilities to—

‘‘(i) improve the alignment between nursing education and the emerging challenges of health care delivery by—

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struction to include alternatives to onsite learning; 

and ‘‘(II) the collection, analysis, and dissemination of data on educational outcomes and best 

practices identified through the activities described 

in this section; and 

‘‘(ii) ensure that students can earn a salary while 

obtaining an advanced degree in nursing with the goal 

of becoming nurse faculty by— ‘‘(I) funding release time for qualified nurses 

enrolled in the graduate nursing program; ‘‘(II) providing for faculty salaries; or 

‘‘(III) providing scholarships to qualified 

nurses in pursuit of an advanced degree with the 

goal of becoming faculty members in an accredited 

nursing program. ‘‘(C) CONSIDERATIONS IN MAKING AWARDS.—In awarding grants under this section, the Secretary shall consider 

the following: 

‘‘(i) GEOGRAPHIC DISTRIBUTION.—Providing an equitable geographic distribution of such grants. 

‘‘(ii) URBAN AND RURAL AREAS.—Distributing such 

grants to urban and rural areas. ‘‘(iii) RANGE AND TYPE OF INSTITUTION.—Ensuring 

that the activities to be assisted are developed for a 

range of types and sizes of institutions of higher education, including institutions providing alternative 

methods of delivery of instruction in addition to on-site 

learning. 

‘‘(D) DISTRIBUTION OF EXCESS FUNDS.—If, for a fiscal 

year, funds described in clause (i), (ii), or (iii) of subparagraph (A) remain available after the Secretary awards 

grants under this section to all applicants for the particular 

category of accredited nursing programs described in such 

clause, the Secretary shall use equal amounts of the remaining funds to award grants under this section to applicants that applied under the other categories of nursing 

programs. ‘‘(E) LIMITATION.—Of the amount appropriated to carry 

out this section, the Secretary may award not more than 

ten percent of such amount for the optional purposes under 

subparagraph (B). ‘‘(d) DEFINITION.—For purposes of this section: 

‘‘(1) HEALTH FACILITY.—The term ‘health facility’ means an 

Indian health service center, a Native Hawaiian health center, 

a hospital, a federally qualified health center, a rural health 

clinic, a nursing home, a home health agency, a hospice program, a public health clinic, a State or local department of public health, a skilled nursing facility, or an ambulatory surgical 

center. ‘‘(2) ACCREDITED.—The terms ‘accredited school of nursing’ and ‘accredited nursing program’ have the meaning given those 

terms in section 801 of the Public Health Service Act (42 U.S.C. 

296). 

‘‘(e) PROHIBITION.—


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‘‘(1) IN GENERAL.—Funds provided under this section may 

not be used for the construction of new facilities. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 

shall be construed to prohibit funds provided under this section 

from being used for the repair or renovation of facilities. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART E—AMERICAN HISTORY FOR FREEDOM 

‘‘SEC. 805. AMERICAN HISTORY FOR FREEDOM. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 

under subsection (f), the Secretary is authorized to award three-year 

grants, on a competitive basis, to eligible institutions to establish or 

strengthen postsecondary academic programs or centers that promote and impart knowledge of—

‘‘(1) traditional American history; 

‘‘(2) the history and nature of, and threats to, free institutions; or 

‘‘(3) the history and achievements of Western civilization. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’

means an institution of higher education as defined in section 

101. 

‘‘(2) FREE INSTITUTION.—The term ‘free institution’ means 

an institution that emerged out of Western civilization, such as 

democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and 

freedom of thought and inquiry. 

‘‘(3) TRADITIONAL AMERICAN HISTORY.—The term ‘traditional American history’ means—

‘‘(A) the significant constitutional, political, intellectual, economic, and foreign policy trends and issues that 

have shaped the course of American history; and 

‘‘(B) the key episodes, turning points, and leading figures involved in the constitutional, political, intellectual, 

diplomatic, and economic history of the United States. 

‘‘(c) APPLICATION.—

‘‘(1) IN GENERAL.—Each eligible institution that desires a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include a description of—

‘‘(A) how funds made available under this section will 

be used for the activities set forth under subsection (e), including how such activities will increase knowledge with 

respect to traditional American history, free institutions, or 

Western civilization; 

‘‘(B) how the eligible institution will ensure that information about the activities funded under this section is 

widely disseminated pursuant to subsection (e)(1)(B); 


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‘‘(C) any activities to be undertaken pursuant to subsection (e)(2)(A), including identification of entities intended to participate; 

‘‘(D) how funds made available under this section shall 

be used to supplement and not supplant non-Federal funds 

available for the activities described in subsection (e); and 

‘‘(E) such fiscal controls and accounting procedures as 

may be necessary to ensure proper disbursement of and accounting for funding made available to the eligible institution under this section. 

‘‘(d) AWARD BASIS.—In awarding grants under this section, the 

Secretary shall take into consideration the capability of the eligible 

institution to—

‘‘(1) increase access to quality programming that expands 

knowledge of traditional American history, free institutions, or 

Western civilization; 

‘‘(2) involve personnel with strong expertise in traditional 

American history, free institutions, or Western civilization; and 

‘‘(3) sustain the activities funded under this section after 

the grant has expired. 

‘‘(e) USE OF FUNDS.—

‘‘(1) REQUIRED USE OF FUNDS.—Funds provided under this 

section shall be used to—

‘‘(A) establish or strengthen academic programs or centers focused on traditional American history, free institutions, or Western civilization, which may include—

‘‘(i) design and implementation of programs of 

study, courses, lecture series, seminars, and symposia; 

‘‘(ii) development, publication, and dissemination 

of instructional materials; 

‘‘(iii) research; 

‘‘(iv) support for faculty teaching in undergraduate 

and, if applicable, graduate programs; 

‘‘(v) support for graduate and postgraduate fellowships, if applicable; or 

‘‘(vi) teacher preparation initiatives that stress content mastery regarding traditional American history, 

free institutions, or Western civilization; and 

‘‘(B) conduct outreach activities to ensure that information about the activities funded under this section is widely 

disseminated—

‘‘(i) to undergraduate students (including students 

enrolled in teacher education programs, if applicable); 

‘‘(ii) to graduate students (including students enrolled in teacher education programs, if applicable); 

‘‘(iii) to faculty; 

‘‘(iv) to local educational agencies; and 

‘‘(v) within the local community. 

‘‘(2) ALLOWABLE USES OF FUNDS.—Funds provided under 

this section may be used to support—

‘‘(A) collaboration with entities such as—

‘‘(i) local educational agencies, for the purpose of 

providing elementary and secondary school teachers an 

opportunity to enhance their knowledge of traditional 


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American history, free institutions, or Western civilization; and 

‘‘(ii) nonprofit organizations whose mission is consistent with the purpose of this section, such as academic organizations, museums, and libraries, for assistance in carrying out activities described under subsection (a); and 

‘‘(B) other activities that meet the purposes of this section. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 

carrying out this section, there are authorized to be appropriated 

such sums as may be necessary for fiscal year 2009 and each of the 

five succeeding fiscal years. 

‘‘PART F—TEACH FOR AMERICA 

‘‘SEC. 806. TEACH FOR AMERICA. 

‘‘(a) DEFINITIONS.—For purposes of this section: 

‘‘(1) GRANTEE.—The term ‘grantee’ means Teach For America, Inc. 

‘‘(2) HIGHLY QUALIFIED.—The term ‘highly qualified’ has 

the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965 or section 602 of the Individuals with Disabilities Education Act. 

‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘high-need local educational agency’ has the meaning given 

such term in section 200. 

‘‘(b) GRANTS AUTHORIZED.—From the amounts appropriated 

under subsection (f), the Secretary is authorized to award a five-year 

grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for two years 

in underserved communities in the United States, to implement and 

expand its program of recruiting, selecting, training, and supporting 

new teachers. 

‘‘(c) REQUIREMENTS.—In carrying out the grant program under 

subsection (b), the Secretary shall enter into an agreement with the 

grantee under which the grantee agrees to use the grant funds provided under this section to—

‘‘(1) provide highly qualified teachers to high-need local 

educational agencies in urban and rural communities; 

‘‘(2) pay the costs of recruiting, selecting, training, and supporting new teachers; and 

‘‘(3) serve a substantial number and percentage of underserved students. 

‘‘(d) AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—Grant funds provided under this section 

shall be used by the grantee to carry out each of the following 

activities: 

‘‘(A) Recruiting and selecting teachers through a highly 

selective national process. 

‘‘(B) Providing preservice training to such teachers 

through a rigorous summer institute that includes handson teaching experience and significant exposure to education coursework and theory. 


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‘‘(C) Placing such teachers in schools and positions designated by high-need local educational agencies as highneed placements serving underserved students. 

‘‘(D) Providing ongoing professional development activities for such teachers’ first two years in the classroom, 

including regular classroom observations and feedback, 

and ongoing training and support. 

‘‘(2) LIMITATION.—The grantee shall use all grant funds received under this section to support activities related directly to 

the recruitment, selection, training, and support of teachers as 

described in subsection (b), except that funds may be used for 

non-programmatic costs in accordance with subsection (f)(2). 

‘‘(e) REPORTS AND EVALUATIONS.—

‘‘(1) ANNUAL REPORT.—The grantee shall provide to the Secretary an annual report that includes—

‘‘(A) data on the number and quality of the teachers 

provided to local educational agencies through a grant 

under this section; 

‘‘(B) an externally conducted analysis of the satisfaction 

of local educational agencies and principals with the teachers so provided; and 

‘‘(C) comprehensive data on the background of the 

teachers chosen, the training such teachers received, the 

placement sites of such teachers, the professional development of such teachers, and the retention of such teachers. 

‘‘(2) STUDY.—

‘‘(A) IN GENERAL.—From funds appropriated under 

subsection (f), the Secretary shall provide for a study that 

examines the achievement levels of the students taught by 

the teachers assisted under this section. 

‘‘(B) STUDENT ACHIEVEMENT GAINS COMPARED.—The 

study shall compare, within the same schools, the achievement gains made by students taught by teachers who are 

assisted under this section with the achievement gains 

made by students taught by teachers who are not assisted 

under this section. 

‘‘(C) REQUIREMENTS.—The Secretary shall provide for 

such a study not less than once every three years, and each 

such study shall include multiple placement sites and multiple schools within placement sites. 

‘‘(D) PEER REVIEW STANDARDS.—Each such study shall 

meet the peer review standards of the education research 

community. Further, the peer review standards shall ensure 

that reviewers are practicing researchers and have expertise 

in assessment systems, accountability, psychometric measurement and statistics, and instruction. 

‘‘(3) ACCOUNTING, FINANCIAL REPORTING, AND INTERNAL

CONTROL SYSTEMS.—

‘‘(A) IN GENERAL.—The grantee shall contract with an 

independent auditor to conduct a comprehensive review of 

the grantee’s accounting, financial reporting, and internal 

control systems. Such review shall assess whether that 

grantee’s accounting, financial reporting, and internal control systems are designed to—


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‘‘(i) provide information that is complete, accurate, 

and reliable; ‘‘(ii) reasonably detect and prevent material 

misstatements, as well as fraud, waste, and abuse; and ‘‘(iii) provide information to demonstrate the grantee’s compliance with related Federal programs, as applicable. 

‘‘(B) REVIEW REQUIREMENTS.—Not later than 90 days 

after the grantee receives funds to carry out this section for 

the first fiscal year in which funds become available to 

carry out this section after the date of enactment of the 

Higher Education Opportunity Act, the independent auditor shall complete the review required by this paragraph. ‘‘(C) REPORT.—Not later than 120 days after the grantee receives funds to carry out this section for the first fiscal 

year in which funds become available to carry out this section after the date of enactment of the Higher Education 

Opportunity Act, the independent auditor shall submit a report to the authorizing committees and the Secretary of the 

findings of the review required under this paragraph, including any recommendations of the independent auditor, 

as appropriate, with respect to the grantee’s accounting, financial reporting, and internal control systems. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—The amount authorized to be appropriated to carry out this section shall not exceed— ‘‘(A) $20,000,000 for fiscal year 2009; 

‘‘(B) $25,000,000 for fiscal year 2010; and 

‘‘(C) such sums as may be necessary for each of the four 

succeeding fiscal years. 

‘‘(2) LIMITATION.—The grantee shall not use more than 5 

percent of Federal funds made available under this section for 

non-programmatic costs to carry out this section. 

‘‘PART G—PATSY T. MINK FELLOWSHIP 

PROGRAM 

‘‘SEC. 807. PATSY T. MINK FELLOWSHIP PROGRAM. 

‘‘(a) PURPOSE; DESIGNATION.— ‘‘(1) IN GENERAL.—It is the purpose of this section to provide, through eligible institutions, a program of fellowship 

awards to assist highly qualified minorities and women to acquire the doctoral degree, or highest possible degree available, 

in academic areas in which such individuals are underrepresented for the purpose of enabling such individuals to enter 

the higher education professoriate. ‘‘(2) DESIGNATION.—Each recipient of a fellowship award 

from an eligible institution receiving a grant under this section 

shall be known as a ‘Patsy T. Mink Graduate Fellow’. ‘‘(b) ELIGIBLE INSTITUTION.—In this section, the term ‘eligible 

institution’ means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate 

study leading to a graduate degree. 

‘‘(c) PROGRAM AUTHORIZED.—

‘‘(1) GRANTS BY SECRETARY.—


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‘‘(A) IN GENERAL.—From the amounts appropriated 

under subsection (f), the Secretary shall award grants to eligible institutions to enable such institutions to make fellowship awards to individuals in accordance with the provisions of this section. ‘‘(B) PRIORITY CONSIDERATION.—In awarding grants 

under this section, the Secretary shall consider the eligible 

institution’s prior experience in producing doctoral degree, 

or highest possible degree available, holders who are minorities and women, and shall give priority consideration 

in making grants under this section to those eligible institutions with a demonstrated record of producing minorities 

and women who have earned such degrees. 

‘‘(2) APPLICATIONS.—

‘‘(A) IN GENERAL.—An eligible institution that desires a 

grant under this section shall submit an application to the 

Secretary at such time, in such manner, and containing 

such information as the Secretary may require. 

‘‘(B) APPLICATIONS MADE ON BEHALF.—The following 

entities may submit an application on behalf of an eligible 

institution: 

‘‘(i) A graduate school or department of such institution. 

‘‘(ii) A graduate school or department of such institution in collaboration with an undergraduate college 

or school of such institution. 

‘‘(iii) An organizational unit within such institution that offers a program of postbaccalaureate study 

leading to a graduate degree, including an interdisciplinary or an interdepartmental program. 

‘‘(C) PARTNERSHIP.—In developing a grant application 

and carrying out the grant activities authorized under this 

section, an eligible institution may partner with a nonprofit 

organization with a demonstrated record of helping minorities and women earn postbaccalaureate degrees. 

‘‘(3) SELECTION OF APPLICATIONS.—In awarding grants 

under paragraph (1), the Secretary shall— ‘‘(A) take into account— ‘‘(i) the number and distribution of minority and 

female faculty nationally; ‘‘(ii) the current and projected need for highly 

trained individuals in all areas of the higher education 

professoriate; and ‘‘(iii) the present and projected need for highly 

trained individuals in academic career fields in which 

minorities and women are underrepresented in the 

higher education professoriate; and 

‘‘(B) consider the need to prepare a large number of minorities and women generally in academic career fields of 

high national priority, especially in areas in which such individuals are traditionally underrepresented in college and 

university faculty. 

‘‘(4) DISTRIBUTION AND AMOUNTS OF GRANTS.—

‘‘(A) EQUITABLE DISTRIBUTION.—In awarding grants 

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tent feasible, ensure an equitable geographic distribution of 

awards and an equitable distribution among public and 

private eligible institutions that apply for grants under this 

section and that demonstrate an ability to achieve the purpose of this section. ‘‘(B) SPECIAL RULE.—To the maximum extent practicable, the Secretary shall use not less than 30 percent of 

the amount appropriated pursuant to subsection (f) to 

award grants to eligible institutions that are eligible for assistance under title III or title V, or to consortia of eligible 

institutions that include at least one eligible institution 

that is eligible for assistance under title III or title V. ‘‘(C) ALLOCATION.—In awarding grants under this section, the Secretary shall allocate appropriate funds to those 

eligible institutions whose applications indicate an ability 

to significantly increase the numbers of minorities and 

women entering the higher education professoriate and that 

commit institutional resources to the attainment of the purpose of this section. 

‘‘(D) NUMBER OF FELLOWSHIP AWARDS.—An eligible institution that receives a grant under this section shall make 

not less than ten fellowship awards. 

‘‘(E) INSUFFICIENT FUNDS.—If the amount appropriated 

is not sufficient to permit all grantees under this section to 

provide the minimum number of fellowships required by 

subparagraph (D), the Secretary may, after awarding as 

many grants to support the minimum number of fellowships as such amount appropriated permits, award grants 

that do not require the grantee to award the minimum 

number of fellowships required by such subparagraph. 

‘‘(5) INSTITUTIONAL ALLOWANCE.— ‘‘(A) IN GENERAL.—

‘‘(i) NUMBER OF ALLOWANCES.—In awarding grants 

under this section, the Secretary shall pay to each eligible institution awarded a grant, for each individual 

awarded a fellowship by such institution under this 

section, an institutional allowance. ‘‘(ii) AMOUNT.—Except as provided in subparagraph (C), for academic year 2009–2010 and succeeding academic years, an institutional allowance 

under this paragraph shall be in an amount equal to 

the amount of institutional allowance made to an institution of higher education under section 715 for such 

academic year. 

‘‘(B) USE OF FUNDS.—Institutional allowances may be 

expended at the discretion of the eligible institution and 

may be used to provide, except as prohibited under subparagraph (D), academic support and career transition 

services for individuals awarded fellowships by such institution. ‘‘(C) REDUCTION.—The institutional allowance paid 

under subparagraph (A) shall be reduced by the amount 

the eligible institution charges and collects from a fellowship recipient for tuition and other expenses as part of the 

recipient’s instructional program. 


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‘‘(D) USE FOR OVERHEAD PROHIBITED.—Funds made 

available under this section may not be used for general 

operational overhead of the academic department or institution receiving funds under this section. ‘‘(d) FELLOWSHIP RECIPIENTS.— ‘‘(1) AUTHORIZATION.—An eligible institution that receives a 

grant under this section shall use the grant funds to make fellowship awards to minorities and women who are enrolled at 

such institution in a doctoral degree program, or program for 

the highest possible degree available, and— ‘‘(A) intend to pursue a career in instruction at— ‘‘(i) an institution of higher education (as the term 

is defined in section 101); ‘‘(ii) an institution of higher education (as the term 

is defined in section 102(a)(1)); and ‘‘(iii) a proprietary institution of higher education 

(as the term is defined in section 102(b)); and 

‘‘(B) sign an agreement with the Secretary agreeing— ‘‘(i) to begin employment at an institution described in subparagraph (A) not later than three years 

after receiving the doctoral degree or highest possible 

degree available, which three-year period may be extended by the Secretary for extraordinary circumstances; and ‘‘(ii) to be employed by such institution for one year 

for each year of fellowship assistance received under 

this section. ‘‘(2) REPAYMENT FOR FAILURE TO COMPLY.—In the event 

that any recipient of a fellowship under this section fails or refuses to comply with the agreement signed pursuant to paragraph (1)(B), the sum of the amounts of any fellowship received 

by such recipient shall, upon a determination of such a failure 

or refusal to comply, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be 

subject to repayment, together with interest thereon accruing 

from the date of the grant award, in accordance with terms and 

conditions specified by the Secretary in regulations under this 

section. 

‘‘(3) WAIVER AND MODIFICATION.— ‘‘(A) REGULATIONS.—The Secretary shall promulgate 

regulations setting forth criteria to be considered in granting a waiver for the service requirement under paragraph 

(1)(B). 

‘‘(B) CONTENT.—The criteria under subparagraph (A) 

shall include whether compliance with the service requirement by the fellowship recipient would be—

‘‘(i) inequitable and represent an extraordinary 

hardship; or 

‘‘(ii) deemed impossible because the individual is 

permanently and totally disabled at the time of the 

waiver request. ‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fellowship awards 

under this section shall consist of a stipend in an amount equal 

to the level of support provided to fellows under the National 

Science Foundation Graduate Research Fellowship Program, 


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except that such stipend shall be adjusted as necessary so as not 

to exceed the fellow’s tuition and fees or demonstrated need (as 

determined by the institution of higher education where the 

graduate student is enrolled), whichever is greater. ‘‘(5) ACADEMIC PROGRESS REQUIRED.—An individual student shall not be eligible to receive a fellowship award— ‘‘(A) except during periods in which such student is enrolled, and such student is maintaining satisfactory academic progress in, and devoting essentially full time to, 

study or research in the pursuit of the degree for which the 

fellowship support was awarded; and ‘‘(B) if the student is engaged in gainful employment, 

other than part-time employment in teaching, research, or 

similar activity determined by the eligible institution to be 

consistent with and supportive of the student’s progress toward the appropriate degree. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to require an eligible institution that receives a grant 

under this section— ‘‘(1) to grant a preference to or to differentially treat any applicant for a faculty position as a result of the institution’s participation in the program under this section; or ‘‘(2) to hire a Patsy T. Mink Fellow who completes this program and seeks employment at such institution. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART H—IMPROVING COLLEGE ENROLLMENT 

BY SECONDARY SCHOOLS 

‘‘SEC. 808. IMPROVING COLLEGE ENROLLMENT BY SECONDARY 

SCHOOLS. 

‘‘(a) IN GENERAL.—From the amounts appropriated under subsection (c), the Secretary shall award a grant to one nonprofit organization described in subsection (b) to enable the nonprofit organization—

‘‘(1) to make publicly available the year-to-year postsecondary education enrollment rate trends of secondary school 

students, disaggregated by secondary school, in compliance with 

the Family Education Rights and Privacy Act of 1974; 

‘‘(2) to identify not less than 50 urban local educational 

agencies and five States with significant rural populations, 

each serving a significant population of low-income students, 

and to carry out a comprehensive assessment in the agencies 

and States of the factors known to contribute to improved postsecondary education enrollment rates, which factors shall include—

‘‘(A) the local educational agency’s and State’s leadership strategies and capacities; 

‘‘(B) the secondary school curriculum and class offerings of the local educational agency and State; 

‘‘(C) the professional development used by the local 

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ance counselors, and administrators in supporting the transition of secondary students to postsecondary education; 

‘‘(D) secondary school student attendance and other 

factors demonstrated to be associated with enrollment into 

postsecondary education; 

‘‘(E) the use of data systems by the local educational 

agency and the State to measure postsecondary education 

enrollment rates and the incentives in place to motivate the 

efforts of faculty and students to improve student and 

schoolwide outcomes; and 

‘‘(F) strategies to mobilize student leaders to build a 

college-bound culture; and 

‘‘(3) to provide comprehensive services to improve the 

schoolwide postsecondary education enrollment rates of each of 

not less than ten local educational agencies and States, with the 

federally funded portion of each project declining by not less 

than 20 percent each year beginning in the second year of the 

comprehensive services, that—

‘‘(A) participated in the needs assessment described in 

paragraph (2); and 

‘‘(B) demonstrated a willingness and commitment to 

improving the postsecondary education enrollment rates of 

the local educational agency or State, respectively. 

‘‘(b) GRANT RECIPIENT CRITERIA.—The recipient of the grant 

awarded under subsection (a) shall be a nonprofit organization with 

demonstrated expertise—

‘‘(1) in increasing schoolwide postsecondary enrollment 

rates in low-income communities nationwide by providing curriculum, training, and technical assistance to secondary school 

staff and student peer influencers; and 

‘‘(2) in a postsecondary education transition data management system. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART I—EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER 

TASK FORCE 

‘‘SEC. 811. PURPOSE. 

‘‘The purposes of this part are—

‘‘(1) to improve the quality of the early childhood education 

workforce by creating a statewide early childhood education 

professional development and career task force for early childhood education program staff, directors, administrators, and 

faculty; and 

‘‘(2) to create—

‘‘(A) a coherent system of core competencies, pathways 

to qualifications, credentials, degrees, quality assurances, 

access, and outreach, for early childhood education program staff, directors, administrators, and faculty that is 


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linked to compensation commensurate with experience and 

qualifications; 

‘‘(B) articulation agreements that enable early childhood education professionals to transition easily among degrees; and 

‘‘(C) compensation initiatives for individuals working 

in an early childhood education program that reflect the individuals’ credentials, degrees, and experience. 

‘‘SEC. 812. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM. 

‘‘In this part, the term ‘early childhood education program’

means—

‘‘(1) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et 

seq.), including a migrant or seasonal Head Start program or 

an Indian Head Start program; 

‘‘(2) a State licensed or regulated child care program; or 

‘‘(3) a State prekindergarten program or a program authorized under section 619 or part C of the Individuals with Disabilities Education Act, that serves children from birth through 

age six and that addresses the children’s cognitive (including 

language, early literacy, and pre-numeracy), social, emotional, 

and physical development. 

‘‘SEC. 813. GRANTS AUTHORIZED. 

‘‘(a) IN GENERAL.—From the amounts appropriated under section 818, the Secretary is authorized to award grants to States in 

accordance with the provisions of this part to enable such States—

‘‘(1) to establish a State Task Force described in section 

814; and 

‘‘(2) to support activities of the State Task Force described 

in section 815. 

‘‘(b) COMPETITIVE BASIS.—Grants under this part shall be 

awarded on a competitive basis. 

‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In awarding 

grants under this part, the Secretary shall take into consideration 

providing an equitable geographic distribution of such grants. 

‘‘(d) DURATION.—Grants under this part shall be awarded for 

a period of five years. 

‘‘SEC. 814. STATE TASK FORCE ESTABLISHMENT. 

‘‘(a) STATE TASK FORCE ESTABLISHED.—The Governor of a 

State receiving a grant under this part shall establish, or designate 

an existing entity to serve as, the State Early Childhood Education 

Professional Development and Career Task Force (hereafter in this 

part referred to as the ‘State Task Force’). ‘‘(b) MEMBERSHIP.—The State Task Force shall include a representative of a State agency, an institution of higher education (including an associate or a baccalaureate degree granting institution 

of higher education), an early childhood education program, a nonprofit early childhood organization, a statewide early childhood 

workforce scholarship or supplemental initiative, the State Head 

Start collaboration director, and any other entity or individual the 

Governor determines appropriate. 

‘‘SEC. 815. STATE TASK FORCE ACTIVITIES. 

‘‘(a) ACTIVITIES.—The State Task Force shall—


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‘‘(1) coordinate and communicate regularly with the State 

Advisory Council on Early Care and Education (hereafter in 

this part referred to as ‘State Advisory Council’) or a similar 

State entity charged with creating a comprehensive system of 

early care and education in the State, for the purposes of—

‘‘(A) integrating recommendations for early childhood 

professional development and career activities into the 

plans of the State Advisory Council; and 

‘‘(B) assisting in the implementation of professional development and career activities that are consistent with the 

plans described in subparagraph (A); 

‘‘(2) conduct a review of opportunities for and barriers to 

high-quality professional development, training, and higher 

education degree programs, in early childhood development and 

learning, including a periodic statewide survey concerning the 

demographics of individuals working in early childhood education programs in the State, which survey shall include information disaggregated by—

‘‘(A) race, gender, and ethnicity; 

‘‘(B) compensation levels; 

‘‘(C) type of early childhood education program setting; 

‘‘(D) specialized knowledge of child development; 

‘‘(E) years of experience in an early childhood education program; 

‘‘(F) attainment of—

‘‘(i) academic credit for coursework; 

‘‘(ii) an academic degree; 

‘‘(iii) a credential; 

‘‘(iv) licensure; or 

‘‘(v) certification in early childhood education; and 

‘‘(G) specialized knowledge in the education of children 

with limited English proficiency and students with disabilities; and 

‘‘(3) develop a plan for a comprehensive statewide professional development and career system for individuals working 

in early childhood education programs or for early childhood 

education providers, which plan may include—

‘‘(A) methods of providing outreach to early childhood 

education program staff, directors, and administrators, including methods for how outreach is provided to nonEnglish speaking providers, in order to enable the providers to be aware of opportunities and resources under the 

statewide plan; 

‘‘(B) developing a unified data collection and dissemination system for early childhood education training, professional development, and higher education programs; 

‘‘(C) increasing the participation of early childhood 

educators in high-quality training and professional development by assisting in paying the costs of enrollment in 

and completion of such training and professional development courses; 

‘‘(D) increasing the participation of early childhood 

educators in undergraduate and graduate education programs leading to degrees in early childhood education by 


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providing assistance to pay the costs of enrollment in and 

completion of such programs, which assistance— ‘‘(i) shall only be provided to an individual who— ‘‘(I) in the case of an individual pursuing an 

undergraduate or graduate degree, enters into an 

agreement under which the individual agrees to 

work, for a reasonable number of years after receiving such a degree, in an early childhood education program that is located in a low-income 

area; and ‘‘(II) has a family income equal to or less than 

the annually adjusted national median family income as determined by the Bureau of the Census; 

and 

‘‘(ii) shall be provided in an amount that does not exceed $17,500; 

‘‘(E) supporting professional development activities and 

a career lattice for a variety of early childhood professional 

roles with varying professional qualifications and responsibilities for early childhood education personnel, including 

strategies to enhance the compensation of such personnel; ‘‘(F) supporting articulation agreements between twoand four-year public and private institutions of higher education and mechanisms to transform other training, professional development, and experience into academic credit; ‘‘(G) developing mentoring and coaching programs to 

support new educators in and directors of early childhood 

education programs; ‘‘(H) providing career development advising with respect to the field of early childhood education, including informing an individual regarding— ‘‘(i) entry into and continuing education requirements for professional roles in the field; ‘‘(ii) available financial assistance for postsecondary education; and 

‘‘(iii) professional development and career advancement in the field; 

‘‘(I) enhancing the capacity and quality of faculty and 

coursework in postsecondary programs that lead to an associate, baccalaureate, or graduate degree in early childhood 

education; 

‘‘(J) consideration of the availability of on-line graduate level professional development offered by institutions 

of higher education with experience and demonstrated expertise in establishing programs in child development, in 

order to improve the skills and expertise of individuals 

working in early childhood education programs; and 

‘‘(K) developing or enhancing a system of quality assurance with respect to the early childhood education professional development and career system, including standards 

or qualifications for individuals and entities who offer 

training and professional development in early childhood 

education. 

‘‘(b) PUBLIC HEARINGS.—The State Task Force shall hold public 

hearings and provide an opportunity for public comment on the acVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00334 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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tivities described in the statewide plan described in subsection 

(a)(3). 

‘‘(c) PERIODIC REVIEW.—The State Task Force shall meet periodically to review implementation of the statewide plan and to recommend any changes to the statewide plan the State Task Force determines necessary. 

‘‘SEC. 816. STATE APPLICATION AND REPORT. 

‘‘(a) IN GENERAL.—Each State desiring a grant under this part 

shall submit an application to the Secretary at such time, in such 

manner, and accompanied by such information as the Secretary 

may reasonably require. Each such application shall include a description of—

‘‘(1) the membership of the State Task Force; 

‘‘(2) the activities for which the grant assistance will be 

used; 

‘‘(3) other Federal, State, local, and private resources that 

will be available to support the activities of the State Task 

Force described in section 815; 

‘‘(4) the availability within the State of training, early 

childhood educator preparation, professional development, compensation initiatives, and career systems, related to early childhood education; and 

‘‘(5) the resources available within the State for such training, educator preparation, professional development, compensation initiatives, and career systems. 

‘‘(b) REPORT TO THE SECRETARY.—Not later than two years 

after receiving a grant under this part, a State shall submit a report 

to the Secretary that shall describe—

‘‘(1) other Federal, State, local, and private resources that 

will be used in combination with a grant under this section to 

develop or expand the State’s early childhood education professional development and career activities; 

‘‘(2) the ways in which the State Advisory Council (or similar State entity) will coordinate the various State and local activities that support the early childhood education professional 

development and career system; and 

‘‘(3) the ways in which the State Task Force will use funds 

provided under this part and carry out the activities described 

in section 815. 

‘‘SEC. 817. EVALUATIONS. 

‘‘(a) STATE EVALUATION.—Each State receiving a grant under 

this part shall—

‘‘(1) evaluate the activities that are assisted under this part 

in order to determine—

‘‘(A) the effectiveness of the activities in achieving State 

goals; 

‘‘(B) the impact of a career lattice for individuals working in early childhood education programs; ‘‘(C) the impact of the activities on licensing or regulating requirements for individuals in the field of early 

childhood development; ‘‘(D) the impact of the activities, and the impact of the 

statewide plan described in section 815(a)(3), on the quality 

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lated to early childhood education programs that are offered in the State; ‘‘(E) the change in compensation and retention of individuals working in early childhood education programs 

within the State resulting from the activities; and ‘‘(F) the impact of the activities on the demographic 

characteristics of individuals working in early childhood 

education programs; and 

‘‘(2) submit a report at the end of the grant period to the 

Secretary regarding the evaluation described in paragraph (1). 

‘‘(b) SECRETARY’S EVALUATION.—Not later than September 30, 

2013, the Secretary, in consultation with the Secretary of Health 

and Human Services, shall prepare and submit to the authorizing 

committees an evaluation of the State reports submitted under subsection (a)(2). 

‘‘SEC. 818. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

such sums as may be necessary for fiscal year 2009 and each of the 

five succeeding fiscal years. 

‘‘PART J—IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION WITH A 

FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN 

STUDENTS 

‘‘SEC. 819. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND 

MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS. 

‘‘(a) PURPOSE.—The purposes of this section are— ‘‘(1) to develop or expand programs for the development of 

professionals in the fields of science, technology, engineering, 

and mathematics; and ‘‘(2) to focus resources on meeting the educational and cultural needs of Alaska Natives and Native Hawaiians. 

‘‘(b) DEFINITIONS.—In this section: ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the 

meaning given such term in section 7306 of the Elementary and 

Secondary Education Act of 1965. ‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means a partnership that includes— ‘‘(A) one or more colleges, schools, or departments of engineering; ‘‘(B) one or more colleges of science or mathematics; 

‘‘(C) one or more institutions of higher education that 

offer two-year degrees; and ‘‘(D) one or more private entities that— ‘‘(i) conduct career awareness activities showcasing 

local technology professionals; ‘‘(ii) encourage students to pursue education in 

science, technology, engineering, and mathematics from 

elementary school through postsecondary education, 

and careers in those fields, with the assistance of local 

technology professionals; ‘‘(iii) develop internships, apprenticeships, and 

mentoring programs in partnership with relevant industries; and 


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‘‘(iv) assist with placement of interns and apprentices. 

‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given such term in 

section 101(a) 

‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ has 

the meaning given the term in section 7207 of the Elementary 

and Secondary Education Act of 1965. 

‘‘(c) GRANT AUTHORIZED.—From the amounts appropriated to 

carry out this section under subsection (i), the Secretary is authorized to award a grant to an eligible partnership to enable the eligible partnership to expand programs for the development of science, 

technology, engineering, or mathematics professionals, from elementary school through postsecondary education, including existing programs for Alaska Native and Native Hawaiian students. 

‘‘(d) USES OF FUNDS.—Grant funds under this section shall be 

used for one or more of the following: 

‘‘(1) Development or implementation of cultural, social, or 

educational transition programs to assist students to transition 

into college life and academics in order to increase such students’ retention rates in the fields of science, technology, engineering, or mathematics, with a focus on Alaska Native or Native Hawaiian students. 

‘‘(2) Development or implementation of academic support or 

supplemental educational programs to increase the graduation 

rates of students in the fields of science, technology, engineering, 

or mathematics, with a focus on Alaska Native and Native Hawaiian students. 

‘‘(3) Development or implementation of internship programs, carried out in coordination with educational institutions 

and private entities, to prepare students for careers in the fields 

of science, technology, engineering, or mathematics, with a focus 

on programs that serve Alaska Native or Native Hawaiian students. 

‘‘(4) Such other activities as are consistent with the purpose 

of this section. 

‘‘(e) APPLICATION.—Each eligible partnership that desires a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 

‘‘(f) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible partnership that, on the day 

before the date of enactment of the Higher Education Opportunity 

Act, provides one or more programs in which 30 percent or more of 

the program participants are Alaska Native or Native Hawaiian. 

‘‘(g) PERIOD OF GRANT.—A grant under this section shall be 

awarded for a period of five years. 

‘‘(h) EVALUATION AND REPORT.—Each eligible partnership that 

receives a grant under this section shall conduct an evaluation to 

determine the effectiveness of the programs funded under the grant 

and shall provide a report regarding the evaluation to the Secretary 

not later than six months after the end of the grant period. 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 


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necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART K—PILOT PROGRAMS TO INCREASE 

COLLEGE PERSISTENCE AND SUCCESS 

‘‘SEC. 820. PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE 

AND SUCCESS. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 

under subsection (i), the Secretary is authorized to award grants in 

accordance with this section, on a competitive basis, to eligible institutions to enable the institutions to develop programs to increase the 

persistence and success of low-income college students. 

‘‘(b) APPLICATIONS.—

‘‘(1) IN GENERAL.—An eligible institution seeking a grant 

under this section shall submit an application to the Secretary 

at such time, in such manner, and containing such information 

as the Secretary may require. An eligible institution may submit an application to receive a grant under subsection (c) or (d) 

or both. 

‘‘(2) EVALUATION CONDITION.—Each eligible institution 

seeking a grant under this section shall agree to participate in 

the evaluation described in subsection (f). 

‘‘(3) PRIORITY FOR REPLICATION OF EVIDENCE-BASED POLICIES AND PRACTICES.—In awarding grants for the program 

under subsection (d), the Secretary shall give priority to applications submitted by eligible institutions that propose to replicate policies and practices that have proven effective in increasing persistence and degree completion by low-income students or students in need of developmental education. 

‘‘(c) PILOT PROGRAM TO INCREASE PERSISTENCE AND SUCCESS

IN COMMUNITY COLLEGES.—

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means an institution of higher education, as defined 

in section 101, that provides a one- or two-year program of 

study leading to a degree or certificate. 

‘‘(B) ELIGIBLE STUDENT.—The term ‘eligible student’

means a student who—

‘‘(i) is eligible to receive assistance under section 

401; 

‘‘(ii) is enrolled at least half-time; 

‘‘(iii) is not younger than age 19; 

‘‘(iv) is the parent of at least one dependent child, 

which dependent child is age 18 or younger; 

‘‘(v) has a secondary school diploma or its recognized equivalent; and 

‘‘(vi) does not have a degree or certificate from an 

institution of higher education. 

‘‘(2) USES OF FUNDS.—

‘‘(A) SUPPORT.—The Secretary shall award grants 

under this subsection to eligible institutions to enable such 

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dents to maintain enrollment and complete degree or certificate programs. 

‘‘(B) REQUIRED USES.—Each eligible institution receiving a grant under this subsection shall use the grant 

funds—

‘‘(i) to provide scholarships in accordance with 

paragraph (3); and 

‘‘(ii) to provide counseling services in accordance 

with paragraph (4). 

‘‘(C) ALLOWABLE USES OF FUNDS.—Grant funds provided under this subsection may be used—

‘‘(i) to conduct outreach to make students aware of 

the scholarships and counseling services available 

under this subsection and to encourage the students to 

participate in the program assisted under this subsection; and 

‘‘(ii) to provide incentives of $20 or less to applicants who complete the process of applying for assistance under this subsection, as compensation for the 

student’s time. 

‘‘(3) SCHOLARSHIP REQUIREMENTS.—

‘‘(A) IN GENERAL.—Each scholarship awarded under 

this subsection shall—

‘‘(i) be awarded for one academic year consisting of 

two semesters or the equivalent; 

‘‘(ii) require the student to maintain, during the 

scholarship period, at least half-time enrollment and at 

least a 2.0 grade point average or the equivalent; 

‘‘(iii) be awarded in the amount of $1,000 for each 

of two semesters (prorated for quarters or other equivalents), or $2,000 for an academic year; 

‘‘(iv) not exceed the student’s cost of attendance, as 

defined in section 472; and 

‘‘(v) be paid, for each of the two semesters, in increments of—

‘‘(I) $250 upon enrollment (prorated for quarters or other equivalents); 

‘‘(II) $250 upon passing midterm examinations 

or comparable assessments (prorated for quarters 

or other equivalents); and 

‘‘(III) $500 upon passing courses (prorated for 

quarters or other equivalents). 

‘‘(B) NUMBER.—An eligible institution may award an 

eligible student not more than two scholarships under this 

subsection. 

‘‘(4) COUNSELING SERVICES.—

‘‘(A) IN GENERAL.—Each eligible institution receiving a 

grant under this subsection shall use the grant funds to 

provide students at the institution with a counseling staff 

dedicated to students participating in the program under 

this subsection. Each such counselor shall—

‘‘(i) have a caseload of less than 125 students; 

‘‘(ii) use a proactive, team-oriented approach to 

counseling; 


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‘‘(iii) hold a minimum of two meetings with each 

student each semester; and ‘‘(iv) provide referrals to and follow-up with other 

student services staff, including financial aid and career services. 

‘‘(B) COUNSELING SERVICES AVAILABILITY.—The counseling services provided under this subsection shall be 

available to participating students during the daytime and 

evening hours. ‘‘(d) STUDENT SUCCESS GRANT PILOT PROGRAM.— ‘‘(1) DEFINITIONS.— ‘‘(A) ELIGIBLE INSTITUTION.—In this subsection, the 

term ‘eligible institution’ means an institution of higher 

education in which, during the three-year period preceding 

the year in which the institution is applying for a grant 

under this subsection, an average of not less than 50 percent of the institution’s entering first-year students are assessed as needing developmental courses to bring reading, 

writing, or mathematics skills up to college level. 

‘‘(B) ELIGIBLE STUDENT.—In this subsection, the term 

‘eligible student’ means a student who—

‘‘(i) is eligible to receive assistance under section 

401; 

‘‘(ii) is a first-year student at the time of entering 

the program; 

‘‘(iii) is assessed as needing developmental education to bring reading, writing, or mathematics skills 

up to college level; and 

‘‘(iv) is selected by an eligible institution to participate in the program. 

‘‘(2) STUDENT SUCCESS GRANT AMOUNT.—The Secretary 

shall award grants under this subsection to eligible institutions 

in an amount equal to $1,500 multiplied by the number of students the institution selects to participate in the program in 

such year. An institution shall not select more than 200 students to participate in the program under this subsection during such year. 

‘‘(3) REQUIRED USES.—An eligible institution that receives a 

grant under this subsection shall use the grant funds to assign 

a student success coach to each first-year student participating 

in the program to provide intensive career and academic advising, ongoing personal help in navigating college services (such 

as financial aid and registration), and assistance in connecting 

to community resources that can help students overcome family 

and personal challenges to success. Student success coaches— ‘‘(A) shall work with not more than 50 new students 

during any academic period; ‘‘(B) may be employees of academic departments, student services offices, community-based organizations, or 

other entities as determined appropriate by the institution; 

and 

‘‘(C) shall meet with each eligible student selected for 

the program before registration for courses. 

‘‘(4) ALLOWABLE USES.—An eligible institution that receives 

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vide services and program innovations for students participating in the program, including the following: 

‘‘(A) College and career success courses provided at no 

charge to participating students. These courses may cover 

college success topics, including how to take notes, how to 

study, how to take tests, and how to budget time, and may 

also include a substantial career exploration component. 

Institutions may use such courses to help students develop 

a college and career success plan, so that by the end of the 

first semester the students have a clear sense of their career 

goals and what classes to take to achieve such goals. 

‘‘(B) Work-study jobs with private employers in the students’ fields of study. 

‘‘(C) Learning communities that ensure that students 

participating in the program are clustered together for at 

least two courses beginning in the first semester after enrolling and have other opportunities to create and maintain 

bonds that allow them to provide academic and social support to each other. 

‘‘(D) Curricular redesign, which may include such innovations as blended or accelerated remediation classes 

that help student success grant recipients to attain collegelevel reading, writing, or math skills (or a combination 

thereof) more rapidly than traditional remediation formats 

allow, and intensive skills refresher classes, offered prior to 

each semester, to help students who have tested into remedial coursework to reach entry level assessment scores for 

the postsecondary programs they wish to enter. 

‘‘(E) Instructional support, such as learning labs, supplemental instruction, and tutoring. 

‘‘(F) Assistance with support services, such as child 

care and transportation. 

‘‘(5) REQUIRED NON-FEDERAL SHARE.—Each institution participating in the program under this subsection shall provide a 

non-Federal share of 25 percent of the amount of grant to carry 

out the activities of the program. The non-Federal share under 

this subsection may be provided in cash or in kind. 

‘‘(e) PERIOD OF GRANT.—The Secretary may award a grant 

under subsection (c) or (d) of this section for a period of five years. 

‘‘(f) TECHNICAL ASSISTANCE AND EVALUATION.—

‘‘(1) CONTRACTOR.—From the funds appropriated under 

this section, the Secretary shall enter into a contract with one 

or more private, nonprofit entities to provide technical assistance to grantees and to conduct the evaluations required under 

paragraph (3). 

‘‘(2) EVALUATIONS.—The evaluations required under paragraph (3) shall be conducted by entities that are capable of designing and carrying out independent evaluations that identify 

the impact of the activities carried out by eligible institutions 

under this subpart on improving persistence and success of student participants under this subpart. 

‘‘(3) CONDUCT OF EVALUATIONS.—The Secretary shall conduct an evaluation of the impact of the persistence and success 

grant programs as follows: 


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‘‘(A) PROGRAM TO INCREASE PERSISTENCE IN COMMUNITY COLLEGES.—The evaluation of the program under subsection (c) shall be conducted using a random assignment 

research design with the following requirements: 

‘‘(i) When students are recruited for the program, 

all students will be told about the program and the 

evaluation. 

‘‘(ii) Baseline data will be collected from all applicants for assistance under subsection (c). 

‘‘(iii) Students will be assigned randomly to two 

groups, which will consist of—

‘‘(I) a program group that will receive the 

scholarship and the additional counseling services; 

and 

‘‘(II) a control group that will receive whatever 

regular financial aid and counseling services are 

available to all students at the institution of higher education. 

‘‘(B) STUDENT SUCCESS GRANT PROGRAM.—Eligible institutions receiving a grant to carry out the program under 

subsection (d) shall work with the evaluator to track persistence and completion outcomes for students in such program, specifically the proportion of these students who take 

and complete developmental education courses, the proportion who take and complete college-level coursework, and 

the proportion who complete certificates and degrees. The 

data shall be broken down by gender, race, ethnicity, and 

age and the evaluator shall assist institutions in analyzing 

these data to compare program participants to comparable 

nonparticipants, using statistical techniques to control for 

differences in the groups. 

‘‘(g) REPORT.—The Secretary shall—

‘‘(1) provide a report to the authorizing committees that includes the evaluation and information on best practices and lessons learned during the pilot programs described in this section; and 

‘‘(2) disseminate the report to the public by making the report available on the Department’s website. 

‘‘(h) SUPPLEMENT NOT SUPPLANT.—Funds made available 

under this section shall be used to supplement and not supplant 

other Federal, State, and local funds available to the institution to 

carrying out the activities described in subsections (c) and (d). 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. The Secretary may use not more than two percent of the 

amounts appropriated to provide the technical assistance and conduct the evaluations required under subsection (f). 

‘‘PART L—STUDENT SAFETY AND CAMPUS 

EMERGENCY MANAGEMENT 

‘‘SEC. 821. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT. 

‘‘(a) GRANTS AUTHORIZED.—


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‘‘(1) IN GENERAL.—From the amounts appropriated under 

subsection (g), the Secretary is authorized to award grants, on 

a competitive basis, to institutions of higher education or consortia of institutions of higher education to enable institutions 

of higher education or consortia to pay the Federal share of the 

cost of carrying out the authorized activities described in subsection (c). ‘‘(2) CONSULTATION WITH THE ATTORNEY GENERAL AND THE

SECRETARY OF HOMELAND SECURITY.—Where appropriate, the 

Secretary shall award grants under this section in consultation 

with the Attorney General and the Secretary of Homeland Security. ‘‘(3) DURATION.—The Secretary shall award each grant 

under this section for a period of two years. 

‘‘(4) LIMITATION ON INSTITUTIONS AND CONSORTIA.—An institution of higher education or consortium shall be eligible for 

only one grant under this section. 

‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— ‘‘(1) IN GENERAL.—The Federal share of the activities described in subsection (c) shall be 50 percent. 

‘‘(2) NON-FEDERAL SHARE.—An institution of higher education or consortium that receives a grant under this section 

shall provide the non-Federal share, which may be provided 

from State and local resources dedicated to emergency preparedness and response. 

‘‘(c) AUTHORIZED ACTIVITIES.—Each institution of higher education or consortium receiving a grant under this section may use 

the grant funds to carry out one or more of the following: ‘‘(1) Developing and implementing a state-of-the-art emergency communications system for each campus of an institution 

of higher education or consortium, in order to contact students 

via cellular, text message, or other state-of-the-art communications methods when a significant emergency or dangerous situation occurs. An institution or consortium using grant funds to 

carry out this paragraph shall also, in coordination with the 

appropriate State and local emergency management authorities—

‘‘(A) develop procedures that students, employees, and 

others on a campus of an institution of higher education or 

consortium will be directed to follow in the event of a significant emergency or dangerous situation; and 

‘‘(B) develop procedures the institution of higher education or consortium shall follow to inform, within a reasonable and timely manner, students, employees, and others on a campus in the event of a significant emergency or 

dangerous situation, which procedures shall include the 

emergency communications system described in this paragraph. 

‘‘(2) Supporting measures to improve safety at the institution of higher education or consortium, such as—

‘‘(A) security assessments; 

‘‘(B) security training of personnel and students at the 

institution of higher education or consortium; 

‘‘(C) where appropriate, coordination of campus preparedness and response efforts with local law enforcement, 


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local emergency management authorities, and other agencies, to improve coordinated responses in emergencies 

among such entities; 

‘‘(D) establishing a hotline that allows a student or 

staff member at an institution or consortium to report another student or staff member at the institution or consortium who the reporting student or staff member believes 

may be a danger to the reported student or staff member 

or to others; and 

‘‘(E) acquisition and installation of access control, 

video surveillance, intrusion detection, and perimeter security technologies and systems. 

‘‘(3) Coordinating with appropriate local entities for the 

provision of mental health services for students and staff of the 

institution of higher education or consortium, including mental 

health crisis response and intervention services for students and 

staff affected by a campus or community emergency. 

‘‘(d) APPLICATION.—Each institution of higher education or consortium desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing 

such information as the Secretary may require. 

‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall coordinate 

technical assistance provided by State and local emergency management agencies, the Department of Homeland Security, and other 

agencies as appropriate, to institutions of higher education or consortia that request assistance in developing and implementing the 

activities assisted under this section. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

years. 

‘‘SEC. 822. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, 

AND PRACTICES. 

‘‘The Secretary, in consultation with the Attorney General and 

the Secretary of Homeland Security, shall continue to—

‘‘(1) advise institutions of higher education on model emergency response policies, procedures, and practices; and 

‘‘(2) disseminate information concerning those policies, procedures, and practices. 

‘‘SEC. 823. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SECRETARY. 

‘‘The Secretary shall continue to coordinate with the Secretary 

of Homeland Security and other appropriate agencies to develop 

and maintain procedures to address the preparedness, response, 

and recovery needs of institutions of higher education in the event 

of a natural or manmade disaster with respect to which the President has declared a major disaster or emergency (as such terms are 

defined in section 824). 

‘‘SEC. 824. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PROGRAM. 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary, in consultation 

with the Secretary of Homeland Security, is authorized to establish 

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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 disaster or emergency by the President. Loan funds provided under 

this section may be used for construction, replacement, renovation, 

and operations costs resulting from a major disaster or emergency 

declared by the President. ‘‘(c) APPLICATION REQUIREMENTS.—To be considered for a loan 

under this section, an institution of higher education shall— ‘‘(1) submit a financial statement and other appropriate 

data, documentation, or evidence requested by the Secretary 

that indicates that the institution incurred losses resulting from 

the impact of a major disaster or emergency declared by the 

President, and the monetary amount of such losses; ‘‘(2) demonstrate that the institution had appropriate insurance policies prior to the major disaster or emergency and filed 

claims, as appropriate, related to the major disaster or emergency; and ‘‘(3) demonstrate that the institution attempted to minimize 

the cost of any losses by pursuing collateral source compensation from the Federal Emergency Management Agency prior to 

seeking a loan under this section, except that an institution of 

higher education shall not be required to receive collateral 

source compensation from the Federal Emergency Management 

Agency prior to being eligible for a loan under this section. 

‘‘(d) AUDIT.—The Secretary may audit a financial statement 

submitted under subsection (c) and an institution of higher education shall provide any information that the Secretary determines 

necessary to conduct such an audit. ‘‘(e) REDUCTION IN LOAN AMOUNTS.—To determine the amount 

of a loan to make available to an institution of higher education 

under this section, the Secretary shall calculate the monetary 

amount of losses incurred by such institution as a result of a major 

disaster or emergency declared by the President, and shall reduce 

such amount by the amount of collateral source compensation the 

institution has already received from insurance, the Federal Emergency Management Agency, and the Small Business Administration. ‘‘(f) ESTABLISHMENT OF LOAN PROGRAM.—Prior to disbursing 

any loans under this section, the Secretary shall prescribe regulations that establish the Education Disaster and Emergency Relief 

Loan Program, including—

‘‘(1) terms for the loan program; 

‘‘(2) procedures for an application for a loan; 

‘‘(3) minimum requirements for the loan program and for 

receiving a loan, including—

‘‘(A) online forms to be used in submitting request for 

a loan; ‘‘(B) information to be included in such forms; and 

‘‘(C) procedures to assist in filing and pursuing a loan; 

and 

‘‘(4) any other terms and conditions the Secretary may prescribe after taking into consideration the structure of other existing capital financing loan programs under this Act. 


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‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) INSTITUTION AFFECTED BY A GULF HURRICANE DISASTER.—The term ‘institution affected by a Gulf hurricane disaster’ means an institution of higher education that—

‘‘(A) is located in an area affected by a Gulf hurricane 

disaster; and 

‘‘(B) is able to demonstrate that the institution—

‘‘(i) incurred physical damage resulting from the 

impact of a Gulf hurricane disaster; and 

‘‘(ii) was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane levels for 30 

days or more on or after August 29, 2005. 

‘‘(2) AREA AFFECTED BY A GULF HURRICANE DISASTER; GULF

HURRICANE DISASTER.—The terms ‘area affected by a Gulf hurricane disaster’ and ‘Gulf hurricane disaster’ have the meanings 

given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109-148, 119 Stat. 2808). 

‘‘(3) EMERGENCY.—The term ‘emergency’ has the meaning 

given such term in section 102(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(1)). 

‘‘(4) INSTITUTIONS OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given such term in 

section 101. 

‘‘(5) MAJOR DISASTER.—The term ‘major disaster’ has the 

meaning given the term in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5122(2)). 

‘‘(h) EFFECTIVE DATE.—Loans provided to institutions of higher 

education pursuant to this section shall be available only with respect to major disasters or emergencies declared by the President 

that occur after the date of the enactment of the Higher Education 

Opportunity Act, except that loans may be provided pursuant to this 

section to an institution affected by a Gulf hurricane disaster with 

respect to such disaster. 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘SEC. 825. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY. 

‘‘(a) GUIDANCE.—The Secretary shall continue to provide guidance that clarifies the role of institutions of higher education with 

respect to the disclosure of education records, including to a parent 

or legal guardian of a dependent student, in the event that such student demonstrates that the student poses a significant risk of harm 

to himself or herself or to others, including a significant risk of suicide, homicide, or assault. Such guidance shall further clarify that 

an institution of higher education that, in good faith, discloses education records or other information in accordance with the requirements of this Act and section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act of 1974) 

shall not be liable to any person for that disclosure. 

‘‘(b) INFORMATION TO CONGRESS.—The Secretary shall provide 

an update to the authorizing committees on the Secretary’s activities 


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under subsection (a) not later than 180 days after the date of enactment of the Higher Education Opportunity Act. 

‘‘SEC. 826. RULE OF CONSTRUCTION. 

‘‘Nothing in this part shall be construed—

‘‘(1) to provide a private right of action to any person to enforce any provision of this section; 

‘‘(2) to create a cause of action against any institution of 

higher education or any employee of the institution for any civil 

liability; or 

‘‘(3) to affect section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act of 

1974) or the regulations issued under section 264 of the Health 

Insurance Portability and Accountability Act of 1996 (42 U.S.C. 

1320d–2 note). 

‘‘PART M—LOW TUITION 

‘‘SEC. 830. INCENTIVES AND REWARDS FOR LOW TUITION. 

‘‘(a) REWARDS FOR LOW TUITION.—

‘‘(1) GRANTS.—From funds made available under subsection (e), the Secretary shall award grants to institutions of 

higher education that, for academic year 2009–2010 or any succeeding academic year—

‘‘(A) have an annual tuition and fee increase, expressed 

as a percentage change, for the most recent academic year 

for which satisfactory data is available, that is in the lowest 20 percent of such increases for each category described 

in subsection (b); 

‘‘(B) are public institutions of higher education that 

have tuition and fees that are in the lowest quartile of for 

institutions in each category described in subsection (b)(1), 

(b)(4), or (b)(7); or 

‘‘(C) are public institutions of higher education that 

have a tuition and fee increase of less than $600 for a firsttime, full-time undergraduate student. 

‘‘(2) USE OF FUNDS.—Funds awarded to an institution of 

higher education under paragraph (1) shall be distributed by 

the institution in the form of need-based grant aid to students 

who are eligible for Federal Pell Grants, except that no student 

shall receive an amount under this section that would cause the 

amount of total financial aid received by such student to exceed 

the cost of attendance of the institution. 

‘‘(b) CATEGORIES OF INSTITUTIONS.—The categories of institutions described in subsection (a) shall be the following: 

‘‘(1) four-year public institutions of higher education; 

‘‘(2) four-year private, nonprofit institutions of higher education; 

‘‘(3) four-year private, for-profit institutions of higher education; 

‘‘(4) two-year public institutions of higher education; 

‘‘(5) two-year private, nonprofit institutions of higher education; 

‘‘(6) two-year private, for-profit institutions of higher education; 


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‘‘(7) less than two-year public institutions of higher education; ‘‘(8) less than two-year private, nonprofit institutions of 

higher education; and ‘‘(9) less than two-year private, for-profit institutions of 

higher education. 

‘‘(c) REWARDS FOR GUARANTEED TUITION.— ‘‘(1) BONUS.—For each institution of higher education that 

the Secretary determines complies with the requirements of 

paragraph (2) or (3) of this subsection, the Secretary shall provide to such institution a bonus amount. Such institution shall 

award the bonus amount in the form of need-based aid first to 

students who are eligible for Federal Pell Grants who were in 

attendance at the institution during the award year that such 

institution satisfied the eligibility criteria for maintaining low 

tuition and fees, then to students who are eligible for Federal 

Pell Grants who were not in attendance at the institution during such award year. ‘‘(2) FOUR-YEAR INSTITUTIONS.—An institution of higher 

education that provides a program of instruction for which it 

awards a bachelor’s degree complies with the requirements of 

this paragraph if—

‘‘(A) for a public institution of higher education, such 

institution’s tuition and fees are in the lowest quartile of institutions in the same category as described under subsection (b); or 

‘‘(B) for any institution of higher education, such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2009, and for each of 

the four succeeding continuous academic years, the tuition 

and fees charged to an undergraduate student will not exceed—

‘‘(i) for a public institution of higher education, $600 per year for a full-time undergraduate student; or ‘‘(ii) for any other institution of higher education— ‘‘(I) the amount that the student was charged 

for an academic year at the time the student first 

enrolled in the institution of higher education, plus ‘‘(II) the percentage change in tuition and fees 

at the institution for the three most recent academic years for which data is available, multiplied 

by the amount determined under subclause (I). ‘‘(3) LESS-THAN FOUR-YEAR INSTITUTIONS.—An institution 

of higher education that does not provide a program of instruction for which it awards a bachelor’s degree complies with the 

requirements of this paragraph if—

‘‘(A) for a public institution of higher education, such 

institution’s tuition is in the lowest quartile of institutions 

in the same category as described under subsection (b); or ‘‘(B) for any institution of higher education, such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2009, and for each of 

the 1.5 succeeding continuous academic years, the tuition 

and fees charged to an undergraduate student will not exceed—


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‘‘(i) for a public institution of higher education, $600 per year for a full-time undergraduate student; or ‘‘(ii) for any other institution of higher education— ‘‘(I) the amount that the student was charged 

for an academic year at the time the student first 

enrolled in the institution of higher education, plus ‘‘(II) the percentage change in tuition and fees 

at the institution for the three most recent academic years for which data is available, multiplied 

by the amount determined under subclause (I). ‘‘(d) DEFINITIONS.—In this section, the terms ‘tuition and fees’

and ‘net price’ have the meaning given to such terms in section 132 

of this Act. 

‘‘(e) AUTHORIZATION.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years. 

‘‘PART N—COOPERATIVE EDUCATION 

‘‘SEC. 831. STATEMENT OF PURPOSE; DEFINITION. 

‘‘(a) PURPOSE.—It is the purpose of this part to award grants 

to institutions of higher education or consortia of such institutions 

to encourage such institutions to develop and make available to 

their students work experience that will aid such students in future 

careers and will enable such students to support themselves financially while in school. 

‘‘(b) DEFINITION.—In this part the term ‘cooperative education’

means the provision of alternating or parallel periods of academic 

study and public or private employment to give students work experiences related to their academic or occupational objectives and an 

opportunity to earn the funds necessary for continuing and completing their education. 

‘‘SEC. 832. RESERVATIONS. 

‘‘(a) RESERVATIONS.—Of the amount appropriated to carry out 

this part in each fiscal year—

‘‘(1) not less than 50 percent shall be available for awarding grants to institutions of higher education and consortia of 

such institutions described in section 833(a)(1)(A) for cooperative education under section 833; 

‘‘(2) not less than 25 percent shall be available for awarding grants to institutions of higher education described in section 833(a)(1)(B) for cooperative education under section 833; 

‘‘(3) not to exceed 11 percent shall be available for demonstration projects under paragraph (1) of section 834(a); 

‘‘(4) not to exceed 11 percent shall be available for training 

and resource centers under paragraph (2) of section 834(a); and 

‘‘(5) not to exceed 3 percent shall be available for research 

under paragraph (3) of section 834(a). 

‘‘(b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated 

under this part shall not be used for the payment of compensation 

of students for employment by employers participating in a program 

under this part. 

‘‘SEC. 833. GRANTS FOR COOPERATIVE EDUCATION. 

‘‘(a) GRANTS AUTHORIZED.—


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‘‘(1) IN GENERAL.—The Secretary is authorized, from the 

amount available to carry out this section under section 835 in 

each fiscal year and in accordance with the provisions of this 

part— ‘‘(A) to award grants to institutions of higher education 

or consortia of such institutions that have not received a 

grant under this paragraph in the ten-year period preceding the date for which a grant under this section is requested to pay the Federal share of the cost of planning, establishing, expanding, or carrying out programs of cooperative education by such institutions or consortia of institutions; and ‘‘(B) to award grants to institutions of higher education 

that are operating an existing cooperative education program as determined by the Secretary to pay the Federal 

share of the cost of planning, establishing, expanding, or 

carrying out programs of cooperative education by such institutions. 

‘‘(2) PROGRAM REQUIREMENT.—Cooperative education programs assisted under this section shall provide alternating or 

parallel periods of academic study and of public or private employment, giving students work experience related to their academic or occupational objectives and the opportunity to earn the 

funds necessary for continuing and completing their education. 

‘‘(3) AMOUNT OF GRANTS.— ‘‘(A) The amount of each grant awarded pursuant to 

paragraph (1)(A) to any institution of higher education or 

consortia of such institutions in any fiscal year shall not 

exceed $500,000. ‘‘(B)(i) Except as provided in clauses (ii) and (iii), the 

Secretary shall award grants in each fiscal year to each institution of higher education described in paragraph (1)(B) 

that has an application approved under subsection (b) in 

an amount that bears the same ratio to the amount reserved pursuant to section 832(a)(2) for such fiscal year as 

the number of unduplicated students placed in cooperative 

education jobs during the preceding fiscal year by such institution of higher education (other than cooperative education jobs under section 834 and as determined by the Secretary) bears to the total number of all such students 

placed in such jobs during the preceding fiscal year by all 

such institutions. 

‘‘(ii) No institution of higher education shall receive a 

grant pursuant to paragraph (1)(B) in any fiscal year in an 

amount that exceeds 25 percent of such institution’s cooperative education program’s personnel and operating budget 

for the preceding fiscal year. 

‘‘(iii) The minimum annual grant amount that an institution of higher education is eligible to receive under 

paragraph (1)(B) is $1,000 and the maximum annual grant 

amount is $75,000. 

‘‘(4) LIMITATION.—The Secretary shall not award grants 

pursuant to subparagraphs (A) and (B) of paragraph (1) to the 

same institution of higher education or consortia of such institution in any one fiscal year. 


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‘‘(5) USES.—Grants awarded under paragraph (1)(B) shall 

be used exclusively—

‘‘(A) to expand the quality of and participation in a cooperative education program; 

‘‘(B) for outreach to potential participants in new curricular areas; and 

‘‘(C) for outreach to potential participants including 

underrepresented and nontraditional populations. 

‘‘(b) APPLICATIONS.—Each institution of higher education or 

consortium of such institutions desiring to receive a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary shall prescribe. Each 

such application shall—

‘‘(1) set forth the program or activities for which a grant is 

authorized under this section; 

‘‘(2) specify each portion of such program or activities 

which will be performed by a nonprofit organization or institution other than the applicant, and the amount of grant funds 

to be used for such program or activities; 

‘‘(3) provide that the applicant will expend, during the fiscal year for which the grant is awarded for the purpose of such 

program or activities, not less than the amount expended for 

such purpose during the previous fiscal year; 

‘‘(4) describe the plans which the applicant will carry out 

to assure, and contain a formal statement of the institution’s 

commitment that assures, that the applicant will continue the 

cooperative education program beyond the five-year period of 

Federal assistance described in subsection (c)(1) at a level that 

is not less than the total amount expended for such program 

during the first year such program was assisted under this section; 

‘‘(5) provide that, in the case of an institution of higher education that provides a two-year program that is acceptable for 

full credit toward a bachelor’s degree, the cooperative education 

program will be available to students who are certificate or associate degree candidates and who carry at least one-half of the 

normal full-time academic workload; 

‘‘(6) provide that the applicant will—

‘‘(A) make such reports as may be necessary to ensure 

that the applicant is complying with the provisions of this 

section, including reports for the second and each succeeding fiscal year for which the applicant receives a grant 

with respect to the impact of the cooperative education program in the previous fiscal year, including—

‘‘(i) the number of unduplicated student applicants 

in the cooperative education program; 

‘‘(ii) the number of unduplicated students placed in 

cooperative education jobs; 

‘‘(iii) the number of employers who have hired cooperative education students; 

‘‘(iv) the income for students derived from working 

in cooperative education jobs; and 

‘‘(v) the increase or decrease in the number of 

unduplicated students placed in cooperative education 


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jobs in each fiscal year compared to the previous fiscal 

year; and 

‘‘(B) keep such records as may be necessary to ensure 

that the applicant is complying with the provisions of this 

part, including the notation of cooperative education employment on the student’s transcript; ‘‘(7) describe the extent to which programs in the academic 

disciplines for which the application is made have satisfactorily 

met the needs of public and private sector employers; ‘‘(8) describe the extent to which the institution is committed to extending cooperative education on an institutionwide basis for all students who can benefit; ‘‘(9) describe the plans that the applicant will carry out to 

evaluate the applicant’s cooperative education program at the 

end of the grant period; ‘‘(10) provide for such fiscal control and fund accounting 

procedures as may be necessary to ensure proper disbursement 

of, and accounting for, Federal funds paid to the applicant 

under this part; ‘‘(11) demonstrate a commitment to serving underserved 

populations at the institution; and ‘‘(12) include such other information as may be necessary to 

carry out the provisions of this part. 

‘‘(c) DURATION OF GRANTS; FEDERAL SHARE.— ‘‘(1) DURATION OF GRANTS.—No individual institution of 

higher education may receive, individually or as a participant 

in a consortium of such institutions— ‘‘(A) a grant pursuant to subsection (a)(1)(A) for more 

than five fiscal years; or ‘‘(B) a grant pursuant to subsection (a)(1)(B) for more 

than five fiscal years. 

‘‘(2) FEDERAL SHARE.—The Federal share of a grant under 

subsection (a)(1)(A) may not exceed— ‘‘(A) 85 percent of the cost of carrying out the program 

or activities described in the application in the first year 

the applicant receives a grant under this section; ‘‘(B) 70 percent of such cost in the second such year; 

‘‘(C) 55 percent of such cost in the third such year; 

‘‘(D) 40 percent of such cost in the fourth such year; 

and ‘‘(E) 25 percent of such cost in the fifth such year. ‘‘(3) SPECIAL RULE.—Notwithstanding any other provision 

of law, the Secretary may not waive the provisions of paragraphs (1) and (2). 

‘‘(d) MAINTENANCE OF EFFORT.—If the Secretary determines 

that a recipient of funds under this section has failed to maintain 

the fiscal effort described in subsection (b)(3), then the Secretary 

may elect not to make grant payments under this section to such recipient. ‘‘(e) FACTORS FOR SPECIAL CONSIDERATION OF APPLICATIONS.— ‘‘(1) IN GENERAL.—In approving applications under this 

section, the Secretary shall give special consideration to applications from institutions of higher education or consortia of 

such institutions for programs that show the greatest promise 

of success because of—


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‘‘(A) the extent to which programs in the academic discipline with respect to which the application is made have 

satisfactorily met the needs of public and private sector employers; 

‘‘(B) the strength of the commitment of the institution 

of higher education or consortium of such institutions to cooperative education as demonstrated by the plans and formalized institutional commitment statement which such institution or consortium has made to continue the program 

after the termination of Federal financial assistance; 

‘‘(C) the extent to which the institution or consortium of 

institutions is committed to extending cooperative education 

for students who can benefit; and 

‘‘(D) such other factors as are consistent with the purposes of this section. 

‘‘(2) ADDITIONAL SPECIAL CONSIDERATION.—The Secretary 

shall also give special consideration to applications from institutions of higher education or consortia of such institutions that 

demonstrate a commitment to serving underserved populations 

attending such institutions. 

‘‘SEC. 834. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING 

AND RESOURCE CENTERS; AND RESEARCH. 

‘‘(a) AUTHORIZATION.—From the amounts appropriated under 

section 835, the Secretary is authorized, in accordance with the provisions of this section, to make grants and enter into contracts—

‘‘(1) from the amounts available in each fiscal year under 

section 832(a)(3), for the conduct of demonstration projects designed to demonstrate or determine the effectiveness of innovative methods of cooperative education; 

‘‘(2) from the amounts available in each fiscal year under 

section 832(a)(4), for the conduct of training and resource centers designed to—

‘‘(A) train personnel in the field of cooperative education; 

‘‘(B) improve materials used in cooperative education 

programs if such improvement is conducted in conjunction 

with other activities described in this paragraph; 

‘‘(C) provide technical assistance to institutions of higher education to increase the potential of the institution to 

continue to conduct a cooperative education program without Federal assistance; 

‘‘(D) encourage model cooperative education programs 

that furnish education and training in occupations in 

which there is a national need; 

‘‘(E) support partnerships under which an institution 

carrying out a comprehensive cooperative education program joins with one or more institutions of higher education in order to—

‘‘(i) assist the institution that is not the institution 

carrying out the cooperative education program to develop and expand an existing program of cooperative 

education; or 

‘‘(ii) establish and improve or expand comprehensive cooperative education programs; and 


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‘‘(F) encourage model cooperative education programs 

in the fields of science and mathematics for women and minorities who are underrepresented in such fields; and 

‘‘(3) from the amounts available in each fiscal year under 

section 832(a)(5), for the conduct of research relating to cooperative education. 

‘‘(b) ADMINISTRATIVE PROVISION.—

‘‘(1) IN GENERAL.—To carry out this section, the Secretary 

may—

‘‘(A) make grants to or contracts with institutions of 

higher education or consortia of such institutions; and 

‘‘(B) make grants to or contracts with other public or 

private nonprofit agencies or organizations, whenever such 

grants or contracts will contribute to the objectives of this 

section. 

‘‘(2) LIMITATION.—

‘‘(A) CONTRACTS WITH INSTITUTIONS OF HIGHER EDUCATION.—The Secretary may use not more than three percent of the amount appropriated to carry out this section in 

each fiscal year to enter into contracts described in paragraph (1)(A). 

‘‘(B) CONTRACTS WITH OTHER AGENCIES OR ORGANIZATIONS.—The Secretary may use not more than three percent 

of the amount appropriated to carry out this section in each 

fiscal year to enter into contracts described in paragraph 

(1)(B). 

‘‘(c) SUPPLEMENT NOT SUPPLANT.—A recipient of a grant or 

contract under this section may use the funds provided only to supplement funds made available from non-Federal sources to carry out 

the activities supported by such grant or contract, and in no case 

to supplant such funds from non-Federal sources. 

‘‘SEC. 835. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

such sums as may be necessary for fiscal year 2009 and each of the 

five succeeding fiscal years. 

‘‘PART O—COLLEGE PARTNERSHIP GRANTS 

‘‘SEC. 841. COLLEGE PARTNERSHIP GRANTS AUTHORIZED. 

‘‘(a) GRANTS AUTHORIZED.—From the amount appropriated to 

carry out this section, the Secretary shall award grants to eligible 

partnerships for the purposes of developing and implementing articulation agreements. 

‘‘(b) ELIGIBLE PARTNERSHIPS.—For purposes of this part, an eligible partnership shall include at least two institutions of higher 

education, or a system of institutions of higher education, and may 

include either or both of the following: 

‘‘(1) A consortia of institutions of higher education. 

‘‘(2) A State higher education agency. ‘‘(c) PRIORITY.—The Secretary shall give priority to eligible partnerships that— ‘‘(1) are located in a State that has employed strategies described in section 486A(d); or ‘‘(2) include—


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‘‘(A) one or more junior or community colleges (as defined by section 312(f)) that award associate’s degrees; and ‘‘(B) one or more institutions of higher education that 

offer a baccalaureate or post-baccalaureate degree not 

awarded by the institutions described in subparagraph (A) 

with which it is partnered. ‘‘(d) MANDATORY USE OF FUNDS.—Grants awarded under this 

part shall be used for— ‘‘(1) the development of policies and programs to expand opportunities for students to earn bachelor’s degrees, by facilitating the transfer of academic credits between institutions and 

expanding articulation and guaranteed transfer agreements between institutions of higher education, including through common course numbering and general education core curriculum; ‘‘(2) academic program enhancements; and 

‘‘(3) programs to identify and remove barriers that inhibit 

student transfers, including technological and informational 

programs. 

‘‘(e) OPTIONAL USE OF FUNDS.—Grants awarded under this 

part may be used for— ‘‘(1) support services to students participating in the program, such as tutoring, mentoring, and academic and personal 

counseling; and ‘‘(2) any service that facilitates the transition of students between the partner institutions. 

‘‘(f) PROHIBITION.—No funds provided under this section shall 

be used to financially compensate an institution for the purposes of 

entering into an articulation agreement or for accepting students 

transferring into such institution. ‘‘(g) APPLICATIONS.—Any eligible partnership that desires to obtain a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. 

‘‘(h) DEFINITION.—For purposes of this section, the term ‘articulation agreement’ means an agreement between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements. 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART P—JOBS TO CAREERS 

‘‘SEC. 851. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS. 

‘‘(a) PURPOSE.—The purpose of this section is to provide grants 

on a competitive basis to institutions of higher education for the 

purpose of improving developmental education to help students 

move more rapidly into for-credit occupational courses and into better jobs that may require a certificate or degree. 

‘‘(b) AUTHORIZATION OF PROGRAM.—From amounts appropriated to carry out this section, the Secretary shall award grants, 

on a competitive basis, to institutions of higher education, as defined in section 101(a), to create workforce bridge programs between 

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cate programs that are articulated to degree programs. Such workforce bridge programs shall focus on—

‘‘(1) improving developmental education, including English 

language instruction, by customizing developmental education 

to student career goals; and 

‘‘(2) helping students move rapidly from developmental 

coursework into for-credit occupational courses and through 

program completion. 

‘‘(c) APPLICATION.—An institution of higher education desiring 

a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

‘‘(d) PRIORITIES.—The Secretary shall give priority to applications that—

‘‘(1) are from institutions of higher education in which not 

less than 50 percent of the institution’s entering first-year students who are subject to mandatory assessment are assessed as 

needing developmental courses to bring reading, writing, or 

mathematics skills up to college level; and 

‘‘(2) propose to replicate practices that have proven effective 

with adults, or propose to collaborate with adult education providers. 

‘‘(e) REQUIRED ACTIVITY.—An institution of higher education 

that receives a grant under this section shall use the grant funds 

to create workforce bridge programs to customize developmental 

education curricula, including English language instruction, to reflect the content of for-credit occupational certificate or degree programs, or clusters of such programs, in which developmental education students are enrolled or plan to enroll. Such workforce bridge 

programs shall integrate the curricula and the instruction of the developmental and college-level coursework. 

‘‘(f) PERMISSIBLE ACTIVITIES.—An institution of higher education that receives a grant under this section may use the grant 

funds to carry out one or more of the following activities: 

‘‘(1) Designing and implementing innovative ways to improve retention in and completion of developmental education 

courses, including enrolling students in cohorts, accelerating 

course content, dually enrolling students in developmental and 

college-level courses, tutoring, providing counseling and other 

supportive services, and giving small, material incentives for attendance and performance. 

‘‘(2) In consultation with faculty in the appropriate departments, reconfiguring courses offered on-site during standard 

academic terms for modular, compressed, or other alternative 

schedules, or for distance-learning formats, to meet the needs of 

working adults. 

‘‘(3) Developing counseling strategies that address the needs 

of students in remedial education courses, and including counseling students on career options and the range of programs 

available, such as certificate programs that are articulated to 

degree programs and programs designed to facilitate transfer to 

four-year institutions of higher education. 

‘‘(4) Improving the quality of teaching in remedial courses 

through professional development, reclassification of such 


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teaching positions, or other means the institution of higher education determines appropriate. ‘‘(5) Any other activities the institution of higher education 

and the Secretary determine will promote retention of, and completion by, students attending institutions of higher education. 

‘‘(g) GRANT PERIOD.—Grants made under this section shall be 

for a period of not less than three years and not more than five 

years. ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to recipients of, and applicants for, grants under 

this section. ‘‘(i) REPORT AND SUMMARY.—Each institution of higher education that receives a grant under this section shall report to the 

Secretary on the effectiveness of the program in enabling students 

to move rapidly from developmental coursework into for-credit occupational courses and through program completion. The Secretary 

shall summarize the reports, identify best practices, and disseminate the information from such summary and identification to the 

public. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to carry out this section such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years. 

‘‘PART Q—RURAL DEVELOPMENT GRANTS FOR 

RURAL-SERVING COLLEGES AND UNIVERSITIES 

‘‘SEC. 861. GRANTS TO RURAL-SERVING INSTITUTIONS OF HIGHER 

EDUCATION. 

‘‘(a) PURPOSES.—The purposes of this section are— ‘‘(1) to increase enrollment and graduation rates of secondary school graduates and nontraditional students from 

rural areas at two-year and four-year institutions of higher education, and their articulation from two-year degree programs 

into four-year degree programs; and ‘‘(2) to promote economic growth and development in rural 

America through partnership grants to consortia of rural-serving institutions of higher education, local educational agencies, 

and regional employers. 

‘‘(b) DEFINITIONS.—For the purposes of this section: ‘‘(1) RURAL-SERVING INSTITUTION OF HIGHER EDUCATION.— The term ‘rural-serving institution of higher education’ means 

an institution of higher education that primarily serves rural 

areas. ‘‘(2) RURAL AREA.—The term ‘rural area’ means an area 

that is defined, identified, or otherwise recognized as rural by 

a governmental agency of the State in which the area is located. ‘‘(3) NONTRADITIONAL STUDENT.—The term ‘nontraditional 

student’ means an individual who— ‘‘(A) delays enrollment in an institution of higher education by three or more years after secondary school graduation; ‘‘(B) attends an institution of higher education parttime; or 

‘‘(C) attends an institution of higher education and—


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‘‘(i) works full-time; 

‘‘(ii) is an independent student, as defined in section 480; 

‘‘(iii) has one or more dependents other than a 

spouse; 

‘‘(iv) is a single parent; or 

‘‘(v) does not have a secondary school diploma or 

the recognized equivalent of such a diploma. 

‘‘(4) REGIONAL EMPLOYER.—The term ‘regional employer’

means an employer within a rural area. 

‘‘(c) PARTNERSHIP.—

‘‘(1) REQUIRED PARTNERS.—A rural-serving institution of 

higher education, or a consortium of rural-serving institutions 

of higher education, that receives a grant under this section 

shall carry out the activities of the grant in partnership with—

‘‘(A) one or more local educational agencies serving a 

rural area; and 

‘‘(B) one or more regional employers or local boards (as 

such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) serving a rural area. 

‘‘(2) OPTIONAL PARTNERS.—A rural-serving institution of 

higher education, or a consortium of rural-serving institutions 

of higher education, that receives a grant under this section, 

may carry out the activities of the grant in partnership with—

‘‘(A) an educational service agency (as defined in section 9101 of the Elementary and Secondary Education Act 

of 1965); or 

‘‘(B) a nonprofit organization with demonstrated expertise in rural education at the secondary and postsecondary 

levels. 

‘‘(d) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—From amounts made available under 

subsection (g), the Secretary is authorized to award grants, on 

a competitive basis, to eligible rural-serving institutions of higher education or a consortium of such institutions, to carry out 

the activities described in subsection (f). 

‘‘(2) DURATION.—A grant awarded under this section shall 

be awarded for a period not to exceed three years. 

‘‘(3) MAXIMUM AND MINIMUM GRANTS.—No grant awarded 

under this section shall be less than $200,000. 

‘‘(4) SPECIAL CONSIDERATIONS.—In awarding grants under 

this section, the Secretary shall give special consideration to applications that demonstrate the most potential and propose the 

most promising and innovative approaches for—

‘‘(A) increasing the percentage of graduates of rural secondary schools attending rural-serving institutions of higher education; 

‘‘(B) meeting the employment needs of regional employers with graduates of rural-serving institutions of higher 

education; and 

‘‘(C) improving the health of the regional economy of a 

rural area through a partnership of local educational agencies serving the rural area, rural-serving institutions of 

higher education, and regional employers. 


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‘‘(5) LIMITATION.—A rural-serving institution of higher education shall not receive more than one grant under this section. 

‘‘(e) APPLICATIONS.—Each rural-serving institution of higher 

education desiring a grant under this section shall submit to the 

Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. 

‘‘(f) REQUIRED USE OF FUNDS.—A rural-serving institution of 

higher education that receives a grant under this section shall use 

grant funds for at least three of the following four purposes: 

‘‘(1) To improve postsecondary enrollment rates for rural 

secondary school students at rural-serving institutions of higher 

education, which may include—

‘‘(A) programs to provide students and families with 

counseling related to applying for postsecondary education, 

and Federal and State financial assistance for postsecondary education; 

‘‘(B) programs that provide students and families of 

rural high schools access and exposure to campuses, classes, programs, and internships of rural-serving institutions 

of higher education, including covering the cost of transportation to and from such institutions; and 

‘‘(C) other initiatives that assist students and families 

in applying for and developing interest in attending ruralserving institutions of higher education. 

‘‘(2) To increase enrollment rates of nontraditional students 

in degree programs at rural-serving institutions of higher education, which may include—

‘‘(A) programs to provide nontraditional students with 

counseling related to applying for postsecondary education, 

and Federal and State financial assistance for postsecondary education; 

‘‘(B) community outreach initiatives to encourage nontraditional students to enroll in a rural-serving institution 

of higher education; and 

‘‘(C) programs to improve the enrollment of nontraditional students in two-year degree programs and the transition of nontraditional students articulating from two-year 

degree programs to four-year degree programs. 

‘‘(3) To create or strengthen academic programs at ruralserving 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. 


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‘‘PART R—CAMPUS-BASED DIGITAL THEFT 

PREVENTION 

‘‘SEC. 871. CAMPUS-BASED DIGITAL THEFT PREVENTION. 

‘‘(a) PROGRAM AUTHORITY.—From the amounts appropriated 

under subsection (d), the Secretary may make grants to institutions 

of higher education, or consortia of such institutions, and enter into 

contracts with such institutions, consortia, and other organizations, 

to develop, implement, operate, improve, and disseminate programs 

of prevention, education, and cost-effective technological solutions, to 

reduce and eliminate the illegal downloading and distribution of intellectual property. Such grants or contracts may also be used for 

the support of higher education centers that will provide training, 

technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education. 

‘‘(b) AWARDS.—Grants and contracts shall be awarded under 

this section on a competitive basis. 

‘‘(c) APPLICATIONS.—An institution of higher education or a consortium of such institutions that desires to receive a grant or contract under this section shall submit an application to the Secretary 

at such time, in such manner, and containing or accompanied by 

such information as the Secretary may reasonably require by regulation. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may 

be necessary for fiscal year 2009 and each of the five succeeding fiscal years. 

‘‘PART S—TRAINING FOR REALTIME WRITERS 

‘‘SEC. 872. PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF 

REALTIME WRITERS. 

‘‘(a) AUTHORIZATION OF GRANT PROGRAM.—

‘‘(1) IN GENERAL.—From the amounts appropriated to carry 

out this section, the Secretary shall award grants, on a competitive basis, to eligible entities under paragraph (2) to promote 

training and placement of individuals, including individuals 

who have completed a court reporting training program, as 

realtime writers in order to meet the requirements for closed 

captioning of video programming set forth in section 713 of the 

Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. 

‘‘(2) ELIGIBLE ENTITIES.—For purposes of this section, an eligible entity is a court reporting program that—

‘‘(A) has a curriculum capable of training realtime 

writers qualified to provide captioning services; 

‘‘(B) is accredited by an accrediting agency or association recognized by the Secretary; and 

‘‘(C) is participating in student aid programs under 

title IV. 

‘‘(3) PRIORITY IN GRANTS.—In determining whether to make 

grants under this section, the Secretary shall give a priority to 

eligible entities that, as determined by the Secretary—


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‘‘(A) possess the most substantial capability to increase 

their capacity to train realtime writers; ‘‘(B) demonstrate the most promising collaboration 

with educational institutions, businesses, labor organizations, or other community groups having the potential to 

train or provide job placement assistance to realtime writers; or ‘‘(C) propose the most promising and innovative approaches for initiating or expanding training or job placement assistance efforts with respect to realtime writers. 

‘‘(4) DURATION OF GRANT.—A grant under this section shall 

be for a period of up to five years. ‘‘(5) MAXIMUM AMOUNT OF GRANT.—The amount of a grant 

provided under this subsection to an eligible entity may not exceed $1,500,000 for the period of the grant. 

‘‘(b) APPLICATION.—

‘‘(1) IN GENERAL.—To receive a grant under subsection (a), 

an eligible entity shall submit an application to the Secretary 

at such time and in such manner as the Secretary may require. 

The application shall contain the information set forth under 

paragraph (2). 

‘‘(2) INFORMATION.—Information in the application of an eligible entity for a grant under subsection (a) shall include the 

following: ‘‘(A) A description of the training and assistance to be 

funded using the grant amount, including how such training and assistance will increase the number of realtime 

writers. ‘‘(B) A description of performance measures to be utilized to evaluate the progress of individuals receiving such 

training and assistance in matters relating to enrollment, 

completion of training, and job placement and retention. ‘‘(C) A description of the manner in which the eligible 

entity will ensure that recipients of scholarships, if any, 

funded by the grant will be employed and retained as 

realtime writers. 

‘‘(D) A description of the manner in which the eligible 

entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant 

period, including any partnerships or arrangements established for that purpose. 

‘‘(E) A description of how the eligible entity will work 

with local boards (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) to ensure 

that training and assistance to be funded with the grant 

will further local workforce goals, including the creation of 

educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced 

workers. 

‘‘(F) Additional information, if any, on the eligibility of 

the eligible entity for priority in the making of grants under 

subsection (a)(3). 

‘‘(G) Such other information as the Secretary may require. 

‘‘(c) USE OF FUNDS.—


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‘‘(1) IN GENERAL.—An eligible entity receiving a grant 

under subsection (a) shall use the grant amount for purposes relating to the recruitment, training and assistance, and job 

placement of individuals, including individuals who have completed a court reporting training program, as realtime writers, 

including—

‘‘(A) recruitment; 

‘‘(B) subject to paragraph (2), the provision of scholarships; 

‘‘(C) distance learning; 

‘‘(D) further developing and implementing both English 

and Spanish curricula to more effectively train individuals 

in realtime writing skills, and education in the knowledge 

necessary for the delivery of high quality closed captioning 

services; 

‘‘(E) mentoring students to ensure successful completion 

of the realtime training and providing assistance in job 

placement; 

‘‘(F) encouraging individuals with disabilities to pursue a career in realtime writing; and 

‘‘(G) the employment and payment of personnel for the 

purposes described in this paragraph. 

‘‘(2) SCHOLARSHIPS.—

‘‘(A) AMOUNT.—The amount of a scholarship under 

paragraph (1)(B) shall be based on the amount of need of 

the scholarship recipient for financial assistance, as determined in accordance with part F of title IV. 

‘‘(B) AGREEMENT.—Each recipient of a scholarship 

under paragraph (1)(B) shall enter into an agreement with 

the school in which the recipient is enrolled to provide 

realtime writing services for the purposes described in subsection (a)(1) for a period of time appropriate (as determined by the Secretary) for the amount of the scholarship 

received. 

‘‘(C) COURSEWORK AND EMPLOYMENT.—The Secretary 

shall establish requirements for coursework and employment for recipients of scholarships under paragraph (1)(B), 

including requirements for repayment of scholarship 

amounts in the event of failure to meet such requirements 

for coursework and employment. The Secretary may waive, 

in whole or in part, the requirements for repayment of 

scholarship amounts on the basis of economic conditions 

which may affect the ability of scholarship recipients to 

find work as realtime writers. 

‘‘(3) ADMINISTRATIVE COSTS.—The recipient of a grant 

under this section may not use more than five percent of the 

grant amount to pay administrative costs associated with activities funded by the grant. The Secretary shall use not more 

than five percent of the amount available for grants under this 

section in any fiscal year for administrative costs of the program. 

‘‘(4) SUPPLEMENT NOT SUPPLANT.—Grant amounts under 

this section shall supplement and not supplant other Federal or 

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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 period. ‘‘(2) REPORT INFORMATION.—Each report of an eligible entity under paragraph (1) shall include— ‘‘(A) an assessment by the entity of the effectiveness of 

activities carried out using such funds in increasing the 

number of realtime writers, using the performance measures submitted by the eligible entity in the application for 

the grant under subsection (b)(2); and ‘‘(B) a description of the best practices identified by the 

eligible entity for increasing the number of individuals who 

are trained, employed, and retained in employment as 

realtime writers. 

‘‘(3) SUMMARIES.—The Secretary shall summarize the reports submitted under paragraph (2) and make such summary 

available on the Department’s website. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART T—CENTERS OF EXCELLENCE FOR 

VETERAN STUDENT SUCCESS 

‘‘SEC. 873. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR 

VETERAN STUDENT SUCCESS. 

‘‘(a) PURPOSE.—It is the purpose of this section to encourage 

model programs to support veteran student success in postsecondary 

education by coordinating services to address the academic, financial, physical, and social needs of veteran students. 

‘‘(b) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—Subject to the availability of appropriations under subsection (f), the Secretary shall award grants to 

institutions of higher education to develop model programs to 

support veteran student success in postsecondary education. 

‘‘(2) GRANT PERIOD.—A grant awarded under this section 

shall be awarded for a period of three years. 

‘‘(c) USE OF GRANTS.—

‘‘(1) REQUIRED ACTIVITIES.—An institution of higher education receiving a grant under this section shall use such grant 

to carry out a model program that includes—

‘‘(A) establishing a Center of Excellence for Veteran 

Student Success on the campus of the institution to provide 

a single point of contact to coordinate comprehensive support services for veteran students; 

‘‘(B) establishing a veteran student support team, including representatives from the offices of the institution responsible for admissions, registration, financial aid, veterans benefits, academic advising, student health, personal 

or mental health counseling, career advising, disabilities 


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services, and any other office of the institution that provides support to veteran students on campus; 

‘‘(C) providing a coordinator whose primary responsibility is to coordinate the model program carried out under 

this section; 

‘‘(D) monitoring the rates of veteran student enrollment, persistence, and completion; and 

‘‘(E) developing a plan to sustain the Center of Excellence for Veteran Student Success after the grant period. 

‘‘(2) OTHER AUTHORIZED ACTIVITIES.—An institution of 

higher education receiving a grant under this section may use 

such grant to carry out any of the following activities with respect to veteran students: 

‘‘(A) Outreach and recruitment of such students. 

‘‘(B) Supportive instructional services for such students, 

which may include—

‘‘(i) personal, academic, and career counseling, as 

an ongoing part of the program; 

‘‘(ii) tutoring and academic skill-building instruction assistance, as needed; and 

‘‘(iii) assistance with special admissions and transfer of credit from previous postsecondary education or 

experience. 

‘‘(C) Assistance in obtaining student financial aid. 

‘‘(D) Housing support for veteran students living in institutional facilities and commuting veteran students. 

‘‘(E) Cultural events, academic programs, orientation 

programs, and other activities designed to ease the transition to campus life for veteran students. 

‘‘(F) Support for veteran student organizations and veteran student support groups on campus. 

‘‘(G) Coordination of academic advising and admissions counseling with military bases and national guard 

units in the area. 

‘‘(H) Other support services the institution determines 

to be necessary to ensure the success of veterans in achieving educational and career goals. 

‘‘(d) APPLICATION; SELECTION.—

‘‘(1) APPLICATION.—To be considered for a grant under this 

section, an institution of higher education shall submit to the 

Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. 

‘‘(2) SELECTION CONSIDERATIONS.—In awarding grants 

under this section, the Secretary shall consider—

‘‘(A) the number of veteran students enrolled at an institution of higher education; and 

‘‘(B) the need for model programs to address the needs 

of veteran students at a wide range of institutions of higher 

education, including the need to provide—

‘‘(i) an equitable distribution of such grants to institutions of higher education of various types and 

sizes; 

‘‘(ii) an equitable geographic distribution of such 

grants; and 


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‘‘(iii) an equitable distribution of such grants 

among rural and urban areas. 

‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—The Secretary 

shall develop an evaluation and accountability plan for model programs funded under this section to objectively measure the impact 

of such programs, including a measure of whether postsecondary 

education enrollment, persistence, and completion for veterans increases as a result of such programs. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART U—UNIVERSITY SUSTAINABILITY 

PROGRAMS 

‘‘SEC. 881. SUSTAINABILITY PLANNING GRANTS AUTHORIZED. 

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—From the amounts appropriated to carry 

out this section, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall make 

grants to eligible entities to establish sustainability programs to 

design and implement sustainability practices, including in the 

areas of energy management, greenhouse gas emissions reductions, green building, waste management, purchasing, transportation, and toxics management, and other aspects of sustainability that integrate campus operations with multidisciplinary 

academic programs and are applicable to the private and government sectors. 

‘‘(2) PERIOD OF GRANT.—The provision of payments under 

a grant under paragraph (1) shall extend over a period of not 

more than four fiscal years. 

‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—For purposes of this 

part, the term ‘eligible entity’ means—

‘‘(A) an institution of higher education; or 

‘‘(B) a nonprofit consortium, association, alliance, or 

collaboration operating in partnership with one or more institutions of higher education that received funds for the 

implementation of work associated with sustainability programs under this part. 

‘‘(b) APPLICATIONS.—

‘‘(1) IN GENERAL.—To receive a grant under subsection 

(a)(1), an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. 

‘‘(2) ASSURANCES.—Such application shall include assurances that the eligible entity—

‘‘(A) has developed a plan, including an evaluation 

component, for the program component established pursuant to subsection (c); 

‘‘(B) shall use Federal funds received from a grant 

under subsection (a) to supplement, not supplant, non-Federal funds that would otherwise be available for projects 

funded under this section; 


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‘‘(C) shall provide, with respect to any fiscal year in 

which such entity receives funds from a grant under subsection (a)(1), non-Federal funds or an in-kind contribution 

in an amount equal to 20 percent of funds from such grant, 

for the purpose of carrying out the program component established pursuant to subsection (c); and 

‘‘(D) shall collaborate with business, government, and 

the nonprofit sectors in the development and implementation of its sustainability plan. 

‘‘(c) USE OF FUNDS.—

‘‘(1) INDIVIDUAL INSTITUTIONS.—Grants made under subsection (a) may be used by an eligible entity that is an individual institution of higher education for the following purposes: 

‘‘(A) To develop and implement administrative and operations practices at an institution of higher education that 

test, model, and analyze principles of sustainability. 

‘‘(B) To establish multidisciplinary education, research, 

and outreach programs at an institution of higher education that address the environmental, social, and economic 

dimensions of sustainability. 

‘‘(C) To support research and teaching initiatives that 

focus on multidisciplinary and integrated environmental, 

economic, and social elements. 

‘‘(D) To establish initiatives in the areas of energy management, greenhouse gas emissions reductions, green building, waste management, purchasing, toxics management, 

transportation, and other aspects of sustainability. 

‘‘(E) To support student, faculty, and staff work at an 

institution of higher education to implement, research, and 

evaluate sustainable practices. 

‘‘(F) To expand sustainability literacy on campus. 

‘‘(G) To integrate sustainability curricula in all programs of instruction, particularly in business, architecture, 

technology, manufacturing, engineering, and science programs. 

‘‘(2) PARTNERSHIPS.—Grants made under subsection (a) 

may be used by an eligible entity that is a nonprofit consortium, 

association, alliance, or collaboration operating in partnership 

with one or more institutions of higher education for the following purposes: 

‘‘(A) To conduct faculty, staff and administrator training on the subjects of sustainability and institutional 

change. 

‘‘(B) To compile, evaluate, and disseminate best practices, case studies, guidelines and standards regarding sustainability. 

‘‘(C) To conduct efforts to engage external stakeholders 

such as business, alumni, and accrediting agencies in the 

process of building support for research, education, and 

technology development for sustainability. 

‘‘(D) To conduct professional development programs for 

faculty in all disciplines to enable faculty to incorporate 

sustainability content in their courses. 


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‘‘(E) To create the analytical tools necessary for institutions of higher education to assess and measure their individual progress toward fully sustainable campus operations 

and fully integrating sustainability into the curriculum. ‘‘(F) To develop educational benchmarks for institutions of higher education to determine the necessary rigor 

and effectiveness of academic sustainability programs. ‘‘(d) REPORTS.—An eligible entity that receives a grant under 

subsection (a) shall submit to the Secretary, for each fiscal year in 

which the entity receives amounts from such grant, a report that describes the work conducted pursuant to subsection (c), research findings and publications, administrative savings experienced, and an 

evaluation of the program. ‘‘(e) ALLOCATION REQUIREMENT.—The Secretary may not make 

grants under subsection (a) to any eligible entity in a total amount 

that is less than $250,000 or more than $2,000,000. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART V—MODELING AND SIMULATION 

PROGRAMS 

‘‘SEC. 891. MODELING AND SIMULATION. 

‘‘(a) PURPOSE; DEFINITION.— ‘‘(1) PURPOSE.—The purpose of this section is to promote 

the study of modeling and simulation at institutions of higher 

education, through the collaboration with new and existing programs, and specifically to promote the use of technology in such 

study through the creation of accurate models that can simulate 

processes or recreate real life, by— ‘‘(A) establishing a task force at the Department of 

Education to raise awareness of and define the study of 

modeling and simulation; ‘‘(B) providing grants to institutions of higher education to develop new modeling and simulation degree programs; and ‘‘(C) providing grants for institutions of higher education to enhance existing modeling and simulation degree 

programs. 

‘‘(2) DEFINITION.—In this section, the term ‘modeling and 

simulation’ means a field of study related to the application of 

computer science and mathematics to develop a level of understanding of the interaction of the parts of a system and of a system as a whole. 

‘‘(b) ESTABLISHMENT OF TASK FORCE.— ‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall establish a task force within the Department to study modeling and simulation and to support the 

development of the modeling and simulation field. The activities of such task force shall include— ‘‘(A) helping to define the study of modeling and simulation (including the content of modeling and simulation 

classes and programs); 


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‘‘(B) identifying best practices for such study; 

‘‘(C) identifying core knowledge and skills that individuals who participate in modeling and simulation programs 

should acquire; and 

‘‘(D) providing recommendations to the Secretary with 

respect to—

‘‘(i) the information described in subparagraphs 

(A) through (C); and 

‘‘(ii) a system by which grants under this section 

will be distributed. 

‘‘(2) TASK FORCE MEMBERSHIP.—The membership of the 

task force under this subsection shall be composed of representatives from—

‘‘(A) institutions of higher education with established 

modeling and simulation degree programs; 

‘‘(B) the National Science Foundation; 

‘‘(C) Federal Government agencies that use modeling 

and simulation extensively, including the Department of 

Defense, the National Institutes of Health, the Department 

of Homeland Security, the Department of Health and 

Human Services, the Department of Energy, and the Department of Transportation; 

‘‘(D) private industries with a primary focus on modeling and simulation; 

‘‘(E) national modeling and simulation organizations; 

and 

‘‘(F) the Office of Science and Technology Policy. 

‘‘(c) ENHANCING MODELING AND SIMULATION AT INSTITUTIONS

OF HIGHER EDUCATION.—

‘‘(1) ENHANCEMENT GRANTS AUTHORIZED.—

‘‘(A) IN GENERAL.—The Secretary is authorized to 

award grants, on a competitive basis, to eligible institutions 

to enhance modeling and simulation degree programs at 

such eligible institutions. 

‘‘(B) DURATION OF GRANT.—A grant awarded under 

this subsection shall be awarded for a three-year period, 

and such grant period may be extended for not more than 

two years if the Secretary determines that an eligible institution has demonstrated success in enhancing the modeling 

and simulation degree program at such eligible institution. 

‘‘(C) MINIMUM GRANT AMOUNT.—Subject to the availability of appropriations, a grant awarded to an eligible institution under this subsection shall not be less than 

$750,000. 

‘‘(D) NON-FEDERAL SHARE.—Each eligible institution 

receiving a grant under this subsection shall provide, from 

non-Federal sources, in cash or in-kind, an amount equal 

to 25 percent of the amount of the grant to carry out the 

activities supported by the grant. The Secretary may waive 

the non-Federal share requirement under this subparagraph for an eligible institution if the Secretary determines 

a waiver to be appropriate based on the financial ability of 

the institution. 


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‘‘(2) ELIGIBLE INSTITUTIONS.—For the purposes of this subsection, an eligible institution is an institution of higher education that—‘‘(A) has an established modeling and simulation degree program, including a major, minor, or career-track 

program; or ‘‘(B) has an established modeling and simulation certificate or concentration program. 

‘‘(3) APPLICATION.—To be considered for a grant under this 

subsection, an eligible institution shall submit to the Secretary 

an application at such time, in such manner, and containing 

such information as the Secretary may require. Such application shall include— ‘‘(A) a letter from the president or provost of the eligible 

institution that demonstrates the institution’s commitment 

to the enhancement of the modeling and simulation program at the institution of higher education; ‘‘(B) an identification of designated faculty responsible 

for the enhancement of the institution’s modeling and simulation program; and ‘‘(C) a detailed plan for how the grant funds will be 

used to enhance the modeling and simulation program of 

the institution. 

‘‘(4) USES OF FUNDS.—A grant awarded under this subsection shall be used by an eligible institution to carry out the 

plan developed in accordance with paragraph (3)(C) to enhance 

modeling and simulation programs at the institution, which 

may include— ‘‘(A) in the case of an institution that is eligible under 

paragraph (2)(B), activities to assist in the establishment of 

a major, minor, or career-track modeling and simulation 

program at the eligible institution; ‘‘(B) expanding the multidisciplinary nature of the institution’s modeling and simulation programs; 

‘‘(C) recruiting students into the field of modeling and 

simulation through the provision of fellowships or 

assistantships; 

‘‘(D) creating new courses to complement existing 

courses and reflect emerging developments in the modeling 

and simulation field; 

‘‘(E) conducting research to support new methodologies 

and techniques in modeling and simulation; and 

‘‘(F) purchasing equipment necessary for modeling and 

simulation programs. 

‘‘(d) ESTABLISHING MODELING AND SIMULATION PROGRAMS.—

‘‘(1) ESTABLISHMENT GRANTS AUTHORIZED.—

‘‘(A) IN GENERAL.—The Secretary is authorized to 

award grants to institutions of higher education to establish a modeling and simulation program, including a 

major, minor, career-track, certificate, or concentration program. ‘‘(B) DURATION OF GRANT.—A grant awarded under 

this subsection shall be awarded for a three-year period, 

and such grant period may be extended for not more than 

two years if the Secretary determines that an eligible instiVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00369 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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tution has demonstrated success in establishing a modeling 

and simulation degree program at such eligible institution. 

‘‘(C) MINIMUM GRANT AMOUNT.—Subject to the availability of appropriations, a grant awarded to an eligible institution under this subsection shall not be less than 

$750,000. 

‘‘(D) NON-FEDERAL SHARE.—Each eligible institution 

receiving a grant under this subsection shall provide, from 

non-Federal sources, in cash or in-kind, an amount equal 

to 25 percent of the amount of the grant to carry out the 

activities supported by the grant. The Secretary may waive 

the non-Federal share requirement under this subparagraph for an eligible institution if the Secretary determines 

a waiver to be appropriate based on the financial ability of 

the institution. 

‘‘(2) APPLICATION.—To apply for a grant under this subsection, an eligible institution shall submit to the Secretary an 

application at such time, in such manner, and containing such 

information as the Secretary may require. Such application 

shall include—

‘‘(A) a letter from the president or provost of the eligible 

institution that demonstrates the institution’s commitment 

to the establishment of a modeling and simulation program 

at the institution of higher education; 

‘‘(B) a detailed plan for how the grant funds will be 

used to establish a modeling and simulation program at 

the institution; and 

‘‘(C) a description of how the modeling and simulation 

program established under this subsection will complement 

existing programs and fit into the institution’s current program and course offerings. 

‘‘(3) USES OF FUNDS.—A grant awarded under this subsection may be used by an eligible institution to—

‘‘(A) establish, or work toward the establishment of, a 

modeling and simulation program, including a major, 

minor, career-track, certificate, or concentration program at 

the eligible institution; 

‘‘(B) provide adequate staffing to ensure the successful 

establishment of the modeling and simulation program, 

which may include the assignment of full-time dedicated or 

supportive faculty; and 

‘‘(C) purchase equipment necessary for a modeling and 

simulation program. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. Of the amounts authorized to be appropriated for each fiscal 

year—

‘‘(1) $1,000,000 is authorized to carry out the activities of 

the task force established pursuant to subsection (b); and 

‘‘(2) of the amount remaining after the allocation for paragraph (1)—

‘‘(A) 50 percent is authorized to carry out the grant program under subsection (c); and 


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‘‘(B) 50 percent is authorized to carry out the grant program under subsection (d). 

‘‘PART W—PATH TO SUCCESS 

‘‘SEC. 892. PATH TO SUCCESS. 

‘‘(a) PURPOSE.—The purpose of this section is to encourage community supported programs that— ‘‘(1) leverage and enhance community support for at-risk 

young adults by facilitating the transition of such young adults 

who are eligible individuals into productive learning environments where such young adults can obtain the life, social, academic, career, and technical skills and credentials necessary to 

strengthen the Nation’s workforce; ‘‘(2) provide counseling, as appropriate, for eligible individuals participating in the programs to allow the eligible individuals to build a relationship with one or more guidance counselors during the period that the individuals are enrolled in the 

programs, including providing referrals and connections to 

community resources that help eligible individuals transition 

back into the community with the necessary life, social, academic, career, and technical skills after being in detention, or 

incarcerated, particularly resources related to health, housing, 

job training, and workplace readiness; ‘‘(3) provide training and education for eligible individuals 

participating in the programs, to allow such individuals to assist community officials and law enforcement agencies with the 

deterrence and prevention of gang and youth violence by participating in seminars, training, and workshops throughout the 

community; and ‘‘(4) provide each eligible individual participating in the 

programs with individual attention based on a curriculum that 

matches the interests and abilities of the individual to the resources of the program. 

‘‘(b) REENTRY EDUCATION PROGRAM.— ‘‘(1) GRANT PROGRAM ESTABLISHED.—From the amounts appropriated under subsection (g), the Secretary is authorized to 

award grants to community colleges to enter into and maintain 

partnerships with juvenile detention centers and secure juvenile 

justice residential facilities to provide assistance, services, and 

education to eligible individuals who reenter the community 

and pursue, in accordance with the requirements of this section, 

at least one of the following: ‘‘(A) A certificate of completion for a specialized area of 

study, such as career and technical training and other alternative postsecondary educational programs. ‘‘(B) An associate’s degree. ‘‘(2) GRANT PERIOD.—A grant awarded under this part 

shall be for one four-year period, and may be renewed for an 

additional period as the Secretary determines to be appropriate. 

‘‘(3) APPLICATION.—A community college desiring to receive 

a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and containing such 

information as the Secretary shall require. Such application 

shall include—


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‘‘(A) an assessment of the existing community resources 

available to serve at-risk youth; ‘‘(B) a detailed description of the program and activities the community college will carry out with such grant; 

and ‘‘(C) a proposed budget describing how the community 

college will use the funds made available by such grant. 

‘‘(4) PRIORITY.—In awarding grants under this part, the 

Secretary shall give priority to community colleges that propose 

to serve the highest number of priority individuals, and, among 

such community colleges, shall give priority to community colleges that the Secretary determines will best carry out the purposes of this part, based on the applications submitted in accordance with paragraph (3). 

‘‘(c) ALLOWABLE USES OF FUNDS.—A community college awarded a grant under this part may use such grant to—

‘‘(1) pay for tuition and transportation costs of eligible individuals; 

‘‘(2) establish and carry out an education program that includes classes for eligible individuals that—

‘‘(A) provide marketable life and social skills to such 

individuals; 

‘‘(B) meet the education program requirements under 

subsection (d), including as appropriate, courses necessary 

for the completion of a secondary school diploma or the recognized equivalent; 

‘‘(C) promote the civic engagement of such individuals; 

and 

‘‘(D) facilitate a smooth reentry of such individuals into 

the community; 

‘‘(3) create and carry out a mentoring program that is—

‘‘(A) specifically designed to help eligible individuals 

with the potential challenges of the transitional period from 

detention to release; ‘‘(B) created in consultation with guidance counselors, 

academic advisors, law enforcement officials, and other 

community resources; and ‘‘(C) administered by a program coordinator, selected 

and employed by the community college, who shall oversee 

each individual’s development and shall serve as the immediate supervisor and reporting officer to whom the academic advisors, guidance counselors, and volunteers shall 

report regarding the progress of each such individual; 

‘‘(4) facilitate employment opportunities for eligible individuals by entering into partnerships with public and private entities to provide opportunities for internships, apprenticeships, 

and permanent employment, as possible, for such individuals; 

and ‘‘(5) provide training for eligible individuals participating 

in the programs, to allow such individuals to assist community 

officials and law enforcement agencies with the deterrence and 

prevention of gang and youth violence by participating in seminars and workshop series throughout the community. 

‘‘(d) EDUCATION PROGRAM REQUIREMENTS.—An education program established and carried out under subsection (c) shall—


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‘‘(1) include classes that are required for completion of a 

certificate, diploma, or degree described in subparagraph (A) or 

(B) of subsection (b)(1), including as appropriate courses necessary for the completion of a secondary school diploma or the 

recognized equivalent; ‘‘(2) provide a variety of academic programs, with various 

completion requirements, to accommodate the diverse academic 

backgrounds, learning styles, and academic and career interests 

of the eligible individuals who participate in the education program; ‘‘(3) offer flexible academic programs that are designed to 

improve the academic development and achievement of eligible 

individuals, and to avoid high attrition rates for such individuals; and ‘‘(4) provide for a uniquely designed education plan for 

each eligible individual participating in the program, which 

shall require such individual to receive, at a minimum, a certificate or degree described in subparagraph (A) or (B) of subsection (b)(1) to successfully complete such program. 

‘‘(e) REPORTS.—Each community college awarded a grant under 

this part shall submit to the Secretary a report—

‘‘(1) documenting the results of the program carried out 

with such grant; and 

‘‘(2) evaluating the effectiveness of activities carried out 

through such program. 

‘‘(f) DEFINITIONS.—In this section: ‘‘(1) COMMUNITY COLLEGE.—The term ‘community college’ has the meaning given the term ‘junior or community college’ in 

section 312(f). ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’

means an individual who—

‘‘(A) is 16 to 25 years of age (inclusive); and 

‘‘(B)(i) has been convicted of a criminal offense; and 

‘‘(ii) is detained in, or has been released from, a juvenile detention center or secure juvenile justice residential 

facility. 

‘‘(3) GANG-RELATED OFFENSE.— ‘‘(A) IN GENERAL.—The term ‘gang-related offense’ means an offense that involves the circumstances described 

in subparagraph (B) and that is— ‘‘(i) a Federal or State felony involving a controlled 

substance (as defined in section 102 of the Controlled 

Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than five years; ‘‘(ii) a Federal or State crime of violence that has 

as an element the use or attempted use of physical force 

against the person of another for which the maximum 

penalty is not less than six months; or ‘‘(iii) a conspiracy to commit an offense described 

in clause (i) or (ii). 

‘‘(B) CIRCUMSTANCES.—The circumstances described in 

this subparagraph are that the offense described in subparagraph (A) was committed by a person who— ‘‘(i) participates in a criminal street gang (as defined in section 521(a) of title 18, United States Code) 


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with knowledge that such gang’s members engage in or 

have engaged in a continuing series of offenses described in subparagraph (A); and 

‘‘(ii) intends to promote or further the felonious activities of the criminal street gang or maintain or increase the person’s position in the gang. 

‘‘(4) PRIORITY INDIVIDUAL.—The term ‘priority individual’

means an individual who—

‘‘(A) is an eligible individual; 

‘‘(B) has been convicted of a gang-related offense; and 

‘‘(C) has served or is serving a period of detention in 

a juvenile detention center or secure juvenile justice residential facility for such offense. 

‘‘(5) GUIDANCE COUNSELOR.—The term ‘guidance counselor’

means an individual who works with at-risk youth on a oneon-one basis, to establish a supportive relationship with such 

at-risk youth and to provide such at-risk youth with academic 

assistance and exposure to new experiences that enhance their 

ability to become responsible citizens. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART X—SCHOOL OF VETERINARY MEDICINE 

COMPETITIVE GRANT PROGRAM 

‘‘SEC. 893. SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT 

PROGRAM. 

‘‘(a) IN GENERAL.—From the amounts appropriated under subsection (g), the Secretary of Health and Human Services shall 

award competitive grants to eligible entities for the purpose of improving public health preparedness through increasing the number 

of veterinarians in the workforce. 

‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under 

subsection (a), an entity shall—

‘‘(1) be—

‘‘(A) a public or other nonprofit school of veterinary 

medicine that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary 

of Education pursuant to part H of title IV; 

‘‘(B) a public or nonprofit, department of comparative 

medicine, department of veterinary science, school of public 

health, or school of medicine that is accredited by a nationally recognized accrediting agency or association recognized 

by the Secretary of Education pursuant to part H of title IV 

and that offers graduate training for veterinarians in a 

public health practice area as determined by the Secretary 

of Health and Human Services; or 

‘‘(C) a public or nonprofit entity that—

‘‘(i) conducts recognized residency training programs for veterinarians that are approved by a veterinary specialty organization that is recognized by the 

American Veterinary Medical Association; and 


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‘‘(ii) offers postgraduate training for veterinarians 

in a public health practice area as determined by the 

Secretary of Health and Human Services; and 

‘‘(2) prepare and submit to the Secretary of Health and 

Human Services an application, at such time, in such manner, 

and containing such information as the Secretary of Health and 

Human Services may require. 

‘‘(c) CONSIDERATION OF APPLICATIONS.—The Secretary of Health 

and Human Services shall establish procedures to ensure that applications under subsection (b)(2) are rigorously reviewed and that 

grants are competitively awarded based on—

‘‘(1) the ability of the applicant to increase the number of 

veterinarians who are trained in specified public health practice 

areas as determined by the Secretary of Health and Human 

Services; 

‘‘(2) the ability of the applicant to increase capacity in research on high priority disease agents; or 

‘‘(3) any other consideration the Secretary of Health and 

Human Services determines necessary. 

‘‘(d) PREFERENCE.—In awarding grants under subsection (a), 

the Secretary of Health and Human Services shall give preference 

to applicants that demonstrate a comprehensive approach by involving more than one school of veterinary medicine, department of comparative medicine, department of veterinary science, school of public 

health, school of medicine, or residency training program that offers 

postgraduate training for veterinarians in a public health practice 

area as determined by the Secretary of Health and Human Services. 

‘‘(e) USE OF FUNDS.—Amounts received under a grant under 

this section shall be used by a grantee to increase the number of veterinarians in the workforce through paying costs associated with the 

expansion of academic programs at schools of veterinary medicine, 

departments of comparative medicine, departments of veterinary 

science, or entities offering residency training programs, or academic programs that offer postgraduate training for veterinarians 

or concurrent training for veterinary students in specific areas of 

specialization, which costs may include minor renovation and improvement in classrooms, libraries, and laboratories. 

‘‘(f) DEFINITION OF PUBLIC HEALTH PRACTICE AREA.—In this 

section, the term ‘public health practice area’ includes the areas of 

bioterrorism and emergency preparedness, environmental health, 

food safety and food security, regulatory medicine, diagnostic laboratory medicine, and biomedical research. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. Amounts appropriated under this subsection shall remain 

available until expended. 

‘‘PART Y—EARLY FEDERAL PELL GRANT 

COMMITMENT DEMONSTRATION PROGRAM 

‘‘SEC. 894. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM. 

‘‘(a) DEMONSTRATION PROGRAM AUTHORITY.—


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‘‘(1) IN GENERAL.—The Secretary is authorized to carry out 

an Early Federal Pell Grant Commitment Demonstration Program under which— ‘‘(A) the Secretary awards grants to four State educational agencies, in accordance with paragraph (2), to pay 

the administrative expenses incurred in participating in the 

demonstration program under this section; and ‘‘(B) the Secretary awards Federal Pell Grants to participating students in accordance with this section and consistent with section 401. 

‘‘(2) GRANTS.— ‘‘(A) IN GENERAL.—From amounts appropriated under 

subsection (h) for a fiscal year, the Secretary is authorized 

to award grants to four State educational agencies to enable the State educational agencies to pay the administrative expenses incurred in participating in the demonstration 

program under this section by carrying out a demonstration project under which eighth grade students described in 

subsection (b)(1)(B) receive a commitment early in the students’ academic careers to receive a Federal Pell Grant. 

‘‘(B) EQUAL AMOUNTS.—The Secretary shall award 

grants under this section in equal amounts to each of the 

four participating State educational agencies. ‘‘(b) DEMONSTRATION PROJECT REQUIREMENTS.—Each of the 

four demonstration projects assisted under this section shall meet 

the following requirements: ‘‘(1) PARTICIPANTS.— ‘‘(A) IN GENERAL.—The State educational agency shall 

make participation in the demonstration project available 

to two cohorts of students, which shall consist of— ‘‘(i) one cohort of eighth grade students who begin 

participating in the first academic year for which 

funds have been appropriated to carry out this section; 

and 

‘‘(ii) one cohort of eighth grade students who begin 

participating in the academic year succeeding the academic year described in clause (i). 

‘‘(B) STUDENTS IN EACH COHORT.—Each cohort of students shall consist of not more than 10,000 eighth grade 

students who qualify for a free or reduced price school 

lunch under the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 

1966 (42 U.S.C. 1771 et seq.). 

‘‘(2) STUDENT DATA.—The State educational agency shall 

ensure that student data from local educational agencies serving students who participate in the demonstration project, as 

well as student data from local educational agencies serving a 

comparable group of students who do not participate in the 

demonstration project, are available for evaluation of the demonstration project, and are made available in accordance with 

the requirements of section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act of 

1974). ‘‘(3) FEDERAL PELL GRANT COMMITMENT.—Each student 

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mitment from the Secretary to receive a Federal Pell Grant during the first academic year that the student is in attendance at 

an institution of higher education as an undergraduate, provided that the student applies for Federal financial aid (via the 

FAFSA or EZ FAFSA) for such academic year. ‘‘(4) APPLICATION PROCESS.—Each State educational agency 

shall establish an application process to select local educational 

agencies within the State to participate in the demonstration 

project in accordance with subsection (d)(2). ‘‘(5) LOCAL EDUCATIONAL AGENCY PARTICIPATION.—Subject 

to the 10,000 statewide student limitation described in paragraph (1), a local educational agency serving students, not less 

than 50 percent of whom are eligible for a free or reduced price 

school lunch under the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act 

of 1966 (42 U.S.C. 1771 et seq.), shall be eligible to participate 

in the demonstration project. 

‘‘(c) STATE EDUCATIONAL AGENCY APPLICATIONS.— ‘‘(1) IN GENERAL.—Each State educational agency desiring 

to participate in the demonstration program under this section 

shall submit an application to the Secretary at such time and 

in such manner as the Secretary may require. 

‘‘(2) CONTENTS.—Each application shall include— ‘‘(A) a description of the proposed targeted information 

campaign for the demonstration project and a copy of the 

plan described in subsection (f)(2); ‘‘(B) a description of the student population that will 

receive an early commitment to receive a Federal Pell Grant 

under this section; ‘‘(C) an assurance that the State educational agency 

will fully cooperate with the ongoing evaluation of the demonstration project; and ‘‘(D) such other information as the Secretary may require. 

‘‘(d) SELECTION CONSIDERATIONS.— ‘‘(1) SELECTION OF STATE EDUCATIONAL AGENCIES.—In selecting State educational agencies to participate in the demonstration program under this section, the Secretary shall consider— ‘‘(A) the number and quality of State educational agency applications received; ‘‘(B) a State educational agency’s— ‘‘(i) financial responsibility; 

‘‘(ii) administrative capability; 

‘‘(iii) commitment to focusing resources, in addition 

to any resources provided on students who receive assistance under part A of title I of the Elementary and 

Secondary Education Act of 1965; ‘‘(iv) ability and plans to run an effective and thorough targeted information campaign for students 

served by local educational agencies eligible to participate in the demonstration project; and 

‘‘(v) ability to ensure the participation in the demonstration project of a diverse group of students, including with respect to ethnicity and gender. 


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‘‘(2) LOCAL EDUCATIONAL AGENCY.—In selecting local educational agencies to participate in a demonstration project 

under this section, the State educational agency shall consider—

‘‘(A) the number and quality of local educational agency applications received; 

‘‘(B) a local educational agency’s—

‘‘(i) financial responsibility; 

‘‘(ii) administrative capability; 

‘‘(iii) commitment to focusing resources on students 

who receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965; 

‘‘(iv) ability and plans to run an effective and thorough targeted information campaign for students 

served by the local educational agency; and 

‘‘(v) ability to ensure the participation in the demonstration project of a diverse group of students. 

‘‘(e) EVALUATION.—

‘‘(1) IN GENERAL.—From amounts appropriated under subsection (h) for a fiscal year, the Secretary shall reserve not more 

than $1,000,000 to award a grant or contract to an organization outside the Department for an independent evaluation of 

the impact of the demonstration program assisted under this 

section. 

‘‘(2) COMPETITIVE BASIS.—The grant or contract shall be 

awarded on a competitive basis. 

‘‘(3) MATTERS EVALUATED.—The evaluation described in 

this subsection shall—

‘‘(A) determine the number of students who were encouraged by the demonstration program to pursue higher 

education; 

‘‘(B) identify the barriers to the effectiveness of the demonstration program; 

‘‘(C) assess the cost-effectiveness of the demonstration 

program in improving access to higher education; 

‘‘(D) identify the reasons why participants in the demonstration program either received or did not receive a Federal Pell Grant; 

‘‘(E) identify intermediate outcomes related to postsecondary education attendance, such as whether participants—

‘‘(i) were more likely to take a college-preparatory 

curriculum while in secondary school; 

‘‘(ii) submitted any applications to institutions of 

higher education; and 

‘‘(iii) took the PSAT, SAT, or ACT; 

‘‘(F) identify the number of students participating in 

the demonstration program who pursued an associate’s degree or a bachelor’s degree, or other postsecondary education; 

‘‘(G) compare the findings of the demonstration program with respect to participants to comparison groups (of 

similar size and demographics) that did not participate in 

the demonstration program; and 


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‘‘(H) identify the impact of the demonstration program 

on the parents of students eligible to participate in the program. 

‘‘(4) DISSEMINATION.—The findings of the evaluation shall 

be reported to the Secretary, who shall widely disseminate the 

findings to the public. 

‘‘(f) TARGETED INFORMATION CAMPAIGN.—

‘‘(1) IN GENERAL.—Each State educational agency receiving 

a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the demonstration project assisted under this section. 

‘‘(2) PLAN.—Each State educational agency receiving a 

grant under this section shall include in the application submitted under subsection (c) a written plan for the State educational agency proposed targeted information campaign. The 

plan shall include the following: 

‘‘(A) OUTREACH.—A description of the outreach to students and the students’ families at the beginning and end 

of each academic year of the demonstration project, at a 

minimum. 

‘‘(B) DISTRIBUTION.—A description of how the State 

educational agency plans to provide the outreach described 

in subparagraph (A) and to provide the information described in subparagraph (C). 

‘‘(C) INFORMATION.—The annual provision by the State 

educational agency to all students and families participating in the demonstration project of information regarding—

‘‘(i) the estimated statewide average cost of attendance for an institution of higher education for each 

academic year, which cost data shall be disaggregated 

by—

‘‘(I) type of institution, including—

‘‘(aa) two-year public degree-granting institutions of higher education; 

‘‘(bb) four-year public degree-granting institutions of higher education; and 

‘‘(cc) four-year private degree-granting institutions of higher education; 

‘‘(II) component, including—

‘‘(aa) tuition and fees; and 

‘‘(bb) room and board; 

‘‘(ii) Federal Pell Grants, including—

‘‘(I) the maximum Federal Pell Grant for each 

award year; 

‘‘(II) when and how to apply for a Federal Pell 

Grant; and 

‘‘(III) what the application process for a Federal Pell Grant requires; 

‘‘(iii) State-specific postsecondary education savings programs; 

‘‘(iv) State merit-based financial aid; 

‘‘(v) State need-based financial aid; and 


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‘‘(vi) Federal financial aid available to students, 

including eligibility criteria for such aid and an explanation of the Federal financial aid programs under 

title IV, such as the Student Guide published by the 

Department (or any successor to such document). 

‘‘(3) COHORTS.—The information described in paragraph 

(2)(C) shall be provided annually to the two successive cohorts 

of students described in subsection (b)(1)(A) for the duration of 

the students’ participation in the demonstration project. 

‘‘(4) RESERVATION.—Each State educational agency receiving a grant under this section shall reserve not more than 15 

percent of the grant funds received each fiscal year to carry out 

the targeted information campaign described in this subsection. 

‘‘(g) SUPPLEMENT, NOT SUPPLANT.—A State educational agency 

shall use grant funds received under this section only to supplement 

the funds that would, in the absence of such grant funds, be made 

available from non-Federal sources for students participating in the 

demonstration project under this section, and not to supplant such 

funds. 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may 

be necessary for fiscal year 2009 and each of the five succeeding fiscal years. 

‘‘PART Z—HENRY KUUALOHA GIUGNI KUPUNA 

MEMORIAL ARCHIVES 

‘‘SEC. 895. HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 

under subsection (c), the Secretary is authorized to award a grant 

to the University of Hawaii Academy for Creative Media for the establishment, maintenance, and periodic modernization of the Henry 

Kuualoha Giugni Kupuna Memorial Archives at the University of 

Hawaii. 

‘‘(b) USE OF FUNDS.—The Henry Kuualoha Giugni Kupuna Memorial Archives shall use the grant funds received under this section—

‘‘(1) to facilitate the acquisition of a secure web-accessible 

repository of Native Hawaiian historical data rich in ethnic 

and cultural significance to the United States for preservation 

and access by future generations; 

‘‘(2) to award scholarships to facilitate access to postsecondary education for students who cannot afford such education; 

‘‘(3) to support programmatic efforts associated with the 

web-based media projects of the archives; 

‘‘(4) to create educational materials, from the contents of the 

archives, that are applicable to a broad range of indigenous 

students, such as Native Hawaiians, Alaskan Natives, and Native American Indians; 

‘‘(5) to develop outreach initiatives that introduce the archival collections to elementary schools and secondary schools; 

‘‘(6) to develop supplemental web-based resources that define terms and cultural practices innate to Native Hawaiians; 


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‘‘(7) to rent, lease, purchase, maintain, or repair educational facilities to house the archival collections; ‘‘(8) to rent, lease, purchase, maintain, or repair computer 

equipment for use by elementary schools and secondary schools 

in accessing the archival collections; ‘‘(9) to provide preservice and in-service teacher training to 

develop a core group of kindergarten through grade 12 teachers 

who are able to provide instruction in a way that is relevant to 

the unique background of indigenous students, such as Native 

Hawaiians, Alaskan Natives, and Native American Indians, in 

order to—

‘‘(A) facilitate greater understanding by teachers of the 

unique background of indigenous students; and 

‘‘(B) improve student achievement; and 

‘‘(10) to increase the economic and financial literacy of postsecondary education students through the dissemination of best 

practices used at other institutions of higher education regarding debt and credit management and economic decisionmaking. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

‘‘PART AA—MASTERS AND 

POSTBACCALAUREATE PROGRAMS 

‘‘SEC. 897. MASTERS DEGREE PROGRAMS. 

‘‘In addition to any amounts appropriated under section 725, 

there are authorized to be appropriated, and there are appropriated, 

out of any funds in the Treasury not otherwise appropriated, 

$11,500,000 for fiscal year 2009 and for each of the five succeeding 

fiscal years to carry out subpart 4 of part A of title VII in order to 

provide grants under sections 723 and 724, in the minimum 

amount authorized under such sections, to all institutions eligible 

for grants under such sections. 

‘‘SEC. 898. POSTBACCALAUREATE PROGRAMS. 

‘‘In addition to any amounts appropriated under part B of title 

V, there are authorized to be appropriated, and there are appropriated, out of any funds in the Treasury not otherwise appropriated, $11,500,000 for fiscal year 2009 and for each of the five 

succeeding fiscal years to carry out part B of title V.’’. 

SEC. 802. NATIONAL CENTER FOR RESEARCH IN ADVANCED INFORMATION AND DIGITAL TECHNOLOGIES. 

(a) ESTABLISHMENT.—There shall be established, during the 

first fiscal year for which appropriations are made available under 

subsection (c), a nonprofit corporation to be known as the National 

Center for Research in Advanced Information and Digital Technologies, which shall not be an agency or establishment of the Federal Government. The Center shall be subject to the provisions of 

this section, and, to the extent consistent with this section, to the 

District of Columbia Nonprofit Corporation Act (sec. 29–501 et seq., 

D.C. Official Code). 

(b) PURPOSE.—The purpose of the Center shall be to support a 

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creasing capacity of advanced information and digital technologies 

to improve all levels of learning and education, formal and informal, in order to provide Americans with the knowledge and skills 

needed to compete in the global economy. 

(c) FUNDING.—

(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Center such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

(2) ADDITIONAL FUNDS.—The Center is authorized—

(A) to accept funds from any Federal agency or entity; 

(B) to accept, hold, administer, and spend any gift, devise, or bequest of real or personal property made to the 

Center; and 

(C) to enter into competitive contracts with individuals, 

public or private organizations, professional societies, and 

government agencies for the purpose of carrying out the 

functions of the Center. 

(3) PROHIBITION.—The Center shall not accept gifts, devises, or bequests from a foreign government or foreign source. 

(d) BOARD OF DIRECTORS; VACANCIES; COMPENSATION.—

(1) IN GENERAL.—A Board of the Center shall be established to oversee the administration of the Center. 

(2) INITIAL COMPOSITION.—The initial Board shall consist 

of nine members to be appointed by the Secretary of Education 

from recommendations received from the Speaker of the House 

of Representatives, the Minority Leader of the House of Representatives, the majority leader of the Senate, and the minority 

leader of the Senate, who—

(A) reflect representation from the public and private 

sectors; 

(B) shall provide, as nearly as practicable, a broad representation of various regions of the United States, various 

professions and occupations, and various kinds of talent 

and experience appropriate to the functions and responsibilities of the Center; 

(C) shall not be in a position to benefit financially directly from the contracts and grants to eligible institutions 

under subsection (f)(2); and 

(D) may not be officers or employees of the Federal 

Government or a Member of Congress serving at the time 

of such appointment. 

(3) VACANCIES AND SUBSEQUENT APPOINTMENTS.—To the 

extent not inconsistent with paragraph (2), in the case of a vacancy on the Board due to death, resignation, or removal, the 

vacancy shall be filled through nomination and selection by the 

sitting members of the Board after—

(A) taking into consideration the composition of the 

Board; and 

(B) soliciting recommendations from the public. 

(4) COMPENSATION.—Members of the Board shall serve 

without compensation but may be reimbursed for reasonable expenses for transportation, lodging, and other expenses directly 

related to their duties as members of the Board. 


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(5) ORGANIZATION AND OPERATION.—The Board shall incorporate and operate the Center in accordance with the laws governing tax exempt organizations in the District of Columbia. 

(e) DIRECTOR AND STAFF.—

(1) DIRECTOR.—The Board shall appoint a Director of the 

Center after conducting a national, competitive search to find 

an individual with the appropriate expertise, experience, and 

knowledge to oversee the operations of the Center. 

(2) STAFF.—In accordance with procedures established by 

the Board, the Director shall employ individuals to carry out 

the functions of the Center. 

(3) COMPENSATION.—In no case shall the Director or any 

employee of the Center receive annual compensation that exceeds an amount equal to the annual rate payable for level II 

of the Executive Schedule under section 5313 of title 5, United 

States Code. 

(f) CENTER ACTIVITIES.—

(1) USES OF FUNDS.—The Director, after consultation with 

the Board, shall use the funds made available to the Center—

(A) to support research to improve education, teaching, 

and learning that is in the public interest, but that is determined unlikely to be undertaken entirely with private 

funds; 

(B) to support—

(i) precompetitive research, development, and demonstrations; 

(ii) assessments of prototypes of innovative digital 

learning and information technologies, as well as the 

components and tools needed to create such technologies; and 

(iii) pilot testing and evaluation of prototype systems described in clause (ii); and 

(C) to encourage the widespread adoption and use of effective, innovative digital approaches to improving education, teaching, and learning. 

(2) CONTRACTS AND GRANTS.—

(A) IN GENERAL.—To carry out the activities described 

in paragraph (1), the Director, with the agreement of twothirds of the members of the Board, may award, on a competitive basis, contracts and grants to four-year institutions 

of higher education, museums, libraries, nonprofit organizations, public institutions with or without for-profit partners, for-profit organizations, and consortia of any such entities. 

(B) PUBLIC DOMAIN.—

(i) IN GENERAL.—The research and development 

properties and materials associated with any project 

funded by a grant or contract under this section shall 

be freely and nonexclusively available to the general 

public in a timely manner, consistent with regulations 

prescribed by the Secretary of Education. 

(ii) EXEMPTION.—The Director may waive the requirements of clause (i) with respect to a project funded 

by a grant or contract under this section if—


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(I) the Director and the Board (by a unanimous vote of the Board members) determine that 

the general public will benefit significantly due to 

the project not being freely and nonexclusively 

available to the general public in a timely manner; 

and 

(II) the Board issues a public statement as to 

the specific reasons of the determination under 

subclause (I). 

(C) PEER REVIEW.—Proposals for grants or contracts 

shall be evaluated on the basis of comparative merit by 

panels of experts who represent diverse interests and perspectives, and who are appointed by the Director based on 

recommendations from the fields served and from the 

Board. 

(g) ACCOUNTABILITY AND REPORTING.—

(1) REPORT.—

(A) IN GENERAL.—Not later than December 30 of each 

year beginning in fiscal year 2009, the Director shall prepare and submit to the Secretary of Education and the authorizing committees a report that contains the information 

described in subparagraph (B) with respect to the preceding 

fiscal year. 

(B) CONTENTS.—A report under subparagraph (A) 

shall include— (i) a comprehensive and detailed report of the Center’s operations, activities, financial condition, and accomplishments, and such recommendations as the Director determines appropriate; 

(ii) evidence of coordination with the Department 

of Education, the National Science Foundation, Office 

of the Director of Defense Research and Engineering in 

the Department of Defense, and other related Federal 

agencies to carry out the operations and activities of 

the Center; 

(iii) a comprehensive and detailed inventory of 

funds distributed from the Center during the fiscal 

year for which the report is being prepared; and 

(iv) an independent audit of the Center’s finances 

and operations, and of the implementation of the goals 

established by the Board. 

(C) STATEMENT OF THE BOARD.—Each report under 

subparagraph (A) shall include a statement from the Board 

containing—

(i) a clear description of the plans and priorities of 

the Board for the subsequent year for activities of the 

Center; and 

(ii) an estimate of the funds that will be expended 

by the Center for such year. 

(2) TESTIMONY.—The Director and principal officers of the 

Center shall testify before the authorizing committees and the 

Committees on Appropriations of the House of Representatives 

and the Senate, upon request of such committees, with respect 

to— (A) any report required under paragraph (1)(A); and 


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(B) any other matter that such committees may determine appropriate. 

(h) USE OF FUNDS SUBJECT TO APPROPRIATIONS.—The authority to award grants, enter into contracts, or otherwise expend funds 

under this section is subject to the availability of amounts deposited 

into the Center under subsection (c), or amounts otherwise appropriated for such purposes by an Act of Congress. 

(i) DEFINITIONS.—For purposes of this section: 

(1) AUTHORIZING COMMITTEES.—The term ‘‘authorizing 

committees’’ has the meaning given the term in section 103 of 

the Higher Education Act of 1965 (20 U.S.C. 1003). 

(2) BOARD.—The term ‘‘Board’’ means the Board of the Center appointed under subsection (d)(1). 

(3) CENTER.—The term ‘‘Center’’ means the National Center 

for Research in Advanced Information and Digital Technologies 

established under subsection (a). 

(4) DIRECTOR.—The term ‘‘Director’’ means the Director of 

the Center appointed under subsection (e)(1). 

SEC. 803. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL RENTAL. 

(a) PILOT GRANT PROGRAM.—From the amounts appropriated 

pursuant to subsection (e), the Secretary of Education (referred to in 

this section as the ‘‘Secretary’’) shall make grants on a competitive 

basis to not more than ten institutions of higher education to support pilot programs that expand the services of bookstores to provide 

the option for students to rent course materials in order to achieve 

savings for students. 

(b) APPLICATION.—An institution of higher education that desires to obtain a grant under this section shall submit an application to the Secretary at such time, in such form, and containing or 

accompanied by such information, agreements, and assurances as 

the Secretary may reasonably require. 

(c) USE OF FUNDS.—The funds made available by a grant 

under this section may be used for—

(1) purchase of course materials that the entity will make 

available by rent to students; 

(2) any equipment or software necessary for the conduct of 

a rental program; 

(3) hiring staff needed for the conduct of a rental program, 

with priority given to hiring enrolled undergraduate students; 

and 

(4) building or acquiring extra storage space dedicated to 

course materials for rent. 

(d) EVALUATION AND REPORT.—

(1) EVALUATIONS BY RECIPIENTS.—After a period of time to 

be determined by the Secretary, each institution of higher education that receives a grant under this section shall submit a 

report to the Secretary on the effectiveness of their rental programs in reducing textbook costs for students. 

(2) REPORT TO CONGRESS.—Not later than September 30, 

2010, the Secretary shall submit a report to Congress on the effectiveness of the textbook rental pilot programs under this section, and identify the best practices developed in such pilot programs. Such report shall contain an estimate by the Secretary 


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of the savings achieved by students who participate in such 

pilot programs. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal years 2009 and 2010. 

TITLE IX—AMENDMENTS TO OTHER 

LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 

1986 

SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER. 

Section 104 of the Education of the Deaf Act of 1986 (20 U.S.C. 

4304) is amended— (1) by striking the section heading and inserting ‘‘LAURENT CLERC NATIONAL DEAF EDUCATION CENTER’’; 

(2) in subsection (a)(1)(A), by inserting ‘‘the Laurent Clerc 

National Deaf Education Center (referred to in this section as 

the ‘Clerc Center’) to carry out’’ after ‘‘maintain and operate’’; 

and 

(3) in subsection (b)— (A) in the matter preceding subparagraph (A) of paragraph (1), by striking ‘‘elementary and secondary education 

programs’’ and inserting ‘‘Clerc Center’’; 

(B) in paragraph (2)— (i) by striking ‘‘elementary and secondary education programs’’ and inserting ‘‘Clerc Center’’; and 

(ii) by striking ‘‘section 618(a)(1)(A)’’ and inserting ‘‘section 618(a)(1)’’; 

(C) in paragraph (4), in subparagraph (C)— (i) by moving the margins 2 ems to the left; 

(ii) in clause (i), by striking ‘‘(6)’’ and inserting ‘‘(8)’’; and 

(iii) in clause (vi), by striking ‘‘(m)’’ and inserting ‘‘(o)’’; and 

(D) by adding at the end the following: ‘‘(5) The University, for purposes of the elementary and secondary education programs carried out at the Clerc Center, shall— ‘‘(A)(i) select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(b)(1) and (3)) and approved by the Secretary; and ‘‘(ii) implement such standards and assessments for such 

programs by not later than the beginning of the 2009–2010 academic year; 

‘‘(B) annually determine whether such programs at the 

Clerc Center are making adequate yearly progress, as determined according to the definition of adequate yearly progress 

defined (pursuant to section 1111(b)(2)(C) of such Act (20 

U.S.C. 6311(b)(2)(C))) by the State that has adopted and impleVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00386 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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mented the standards and assessments selected under subparagraph (A)(i); and ‘‘(C) publicly report the results of the academic assessments 

implemented under subparagraph (A), except where such reporting would not yield statistically reliable information or would 

reveal personally identifiable information about an individual 

student, and whether the programs at the Clerc Center are 

making adequate yearly progress, as determined under subparagraph (B).’’. 

SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY. 

Section 105(b)(4) of the Education of the Deaf Act of 1986 (20 

U.S.C. 4305(b)(4)) is amended— (1) by striking ‘‘the Act of March 3, 1931 (40 U.S.C. 276a– 276a–5) commonly referred to as the Davis-Bacon Act’’ and inserting ‘‘subchapter IV of chapter 31 of title 40, United States 

Code, commonly referred to as the Davis-Bacon Act’’; and 

(2) by striking ‘‘section 2 of the Act of June 13, 1934 (40 

U.S.C. 276c)’’ and inserting ‘‘section 3145 of title 40, United 

States Code’’. 

SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE 

FOR THE DEAF. 

Section 112 of the Education of the Deaf Act of 1986 (20 U.S.C. 

4332) is amended— (1) in subsection (a)(1), by striking the second sentence; and 

(2) in subsection (b)— (A) in paragraph (3), by striking ‘‘Committee on Labor 

and Human Resources of the Senate’’ and inserting ‘‘Committee on Health, Education, Labor, and Pensions of the 

Senate’’; and 

(B) in paragraph (5)— (i) by striking ‘‘the Act of March 3, 1931 (40 U.S.C. 

276a—276a–5) commonly referred to as the DavisBacon Act’’ and inserting ‘‘subchapter IV of chapter 31 

of title 40, United States Code, commonly referred to as 

the Davis-Bacon Act’’; and 

(ii) by striking ‘‘section 2 of the Act of June 13, 

1934 (40 U.S.C. 276c)’’ and inserting ‘‘section 3145 of 

title 40, United States Code’’. 

SEC. 904. CULTURAL EXPERIENCES GRANTS. 

(a) CULTURAL EXPERIENCES GRANTS.—Title I of the Education 

of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by adding at the end the following: 

‘‘PART C—OTHER PROGRAMS 

‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. 

‘‘(a) IN GENERAL.—The Secretary is authorized to, on a competitive basis, make grants to, and enter into contracts and cooperative 

agreements with, eligible entities to support the activities described 

in subsection (b). 

‘‘(b) ACTIVITIES.—In carrying out this section, the Secretary 

shall support activities providing cultural experiences, through appropriate nonprofit organizations with a demonstrated proficiency 

in providing such activities, that—


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‘‘(1) enrich the lives of deaf and hard-of-hearing children 

and adults; ‘‘(2) increase public awareness and understanding of deafness and of the artistic and intellectual achievements of deaf 

and hard-of-hearing persons; or ‘‘(3) promote the integration of hearing, deaf, and hard-ofhearing persons through shared cultural, educational, and social experiences. 

‘‘(c) APPLICATIONS.—An eligible entity that desires to receive a 

grant, or enter into a contract or cooperative agreement, under this 

section shall submit an application to the Secretary at such time, 

in such manner, and containing such information as the Secretary 

may require. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may 

be necessary for fiscal year 2009 and each of the five succeeding fiscal years.’’. (b) CONFORMING AMENDMENT.—The title heading of title I of 

the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is 

amended by adding at the end the following: ‘‘; OTHER PROGRAMS’’. 

SEC. 905. AUDIT. 

Section 203 of the Education of the Deaf Act of 1986 (20 U.S.C. 

4353) is amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking ‘‘sections’’ and all that 

follows through the period and inserting ‘‘sections 102(b), 

105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c) 

through (f) of section 207, and subsections (b) and (c) of 

section 209.’’; and 

(B) in paragraph (3), by inserting ‘‘and the Committee 

on Education and Labor of the House of Representatives 

and the Committee on Health, Education, Labor, and Pensions of the Senate’’ after ‘‘Secretary’’; and 

(2) in subsection (c)(2)(A), by striking ‘‘Committee on Labor 

and Human Resources of the Senate’’ and inserting ‘‘Committee 

on Health, Education, Labor, and Pensions of the Senate’’. 

SEC. 906. REPORTS. 

Section 204 of the Education of the Deaf Act of 1986 (20 U.S.C. 

4354) is amended—

(1) in the matter preceding paragraph (1), by striking 

‘‘Committee on Labor and Human Resources of the Senate’’ and 

inserting ‘‘Committee on Health, Education, Labor, and Pensions of the Senate’’; 

(2) in paragraph (1), by striking ‘‘preparatory,’’; 

(3) in paragraph (2)(C), by striking ‘‘upon graduation/completion’’ and inserting ‘‘on the date that is one year after the 

date of graduation or completion’’; and 

(4) in paragraph (3)(B), by striking ‘‘of the institution of 

higher education’’ and all that follows through ‘‘section 203’’

and inserting ‘‘of NTID programs and activities’’. 

SEC. 907. MONITORING, EVALUATION, AND REPORTING. 

Section 205 of the Education of the Deaf Act of 1986 (20 U.S.C. 

4355) is amended—


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(1) in the first sentence of subsection (a), by striking ‘‘preparatory,’’; 

(2) in subsection (b), by striking ‘‘The Secretary, as part of 

the annual report required under section 426 of the Department 

of Education Organization Act, shall include a description of’’

and inserting ‘‘The Secretary shall annually transmit information to Congress on’’; and 

(3) in subsection (c), by striking ‘‘fiscal years 1998 through 

2003’’ and inserting ‘‘fiscal years 2009 through 2014’’. 

SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS. 

Section 206(a) of the Education of the Deaf Act of 1986 (20 

U.S.C. 4356(a)) is amended by striking ‘‘Not later than 30 days 

after the date of enactment of this Act, the’’ and inserting ‘‘The’’. 

SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY AND THE NATIONAL TECHNICAL INSTITUTE FOR 

THE DEAF. 

Section 207(h) of the Education of the Deaf Act of 1986 (20 

U.S.C. 4357(h)) is amended by striking ‘‘fiscal years 1998 through 

2003’’ both places it appears and inserting ‘‘fiscal years 2009 

through 2014’’. 

SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS. 

Section 208(a) of the Education of the Deaf Act of 1986 (20 

U.S.C. 4359(a)) is amended by striking ‘‘Committee on Labor and 

Human Resources of the Senate and the Committee on Education 

and the Workforce of the House of Representatives’’ and inserting 

‘‘Committee on Education and Labor of the House of Representatives 

and the Committee on Health, Education, Labor, and Pensions of 

the Senate’’. 

SEC. 911. INTERNATIONAL STUDENTS. 

Section 209 of the Education of the Deaf Act of 1986 (20 U.S.C. 

4359a) is amended—

(1) in subsection (a)—

(A) by striking ‘‘preparatory, undergraduate,’’ and inserting ‘‘undergraduate’’; 

(B) by striking ‘‘Effective with’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), effective with’’; and 

(C) by adding at the end the following: 

‘‘(2) DISTANCE LEARNING.—International students who participate in distance learning courses that are at the University 

or the NTID, who are residing outside of the United States, and 

are not enrolled in a degree program at the University or the 

NTID shall—

‘‘(A) not be counted as international students for purposes of the cap on international students under paragraph 

(1), except that in any school year no United States citizen 

who applies to participate in distance learning courses that 

are at the University or NTID shall be denied participation 

in such courses because of the participation of an international student in such courses; and 

‘‘(B) not be charged a tuition surcharge, as described in 

subsection (b).’’; and 


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(2) by striking subsections (b), (c), and (d), and inserting 

the following: 

‘‘(b) TUITION SURCHARGE.—Except as provided in subsections 

(a)(2)(B) and (c), the tuition for postsecondary international students enrolled in the University (including undergraduate and 

graduate students) or NTID shall include, for academic year 2009–

2010 and any succeeding academic year, a surcharge of—

‘‘(1) 100 percent for a postsecondary international student 

from a non-developing country; and 

‘‘(2) 50 percent for a postsecondary international student 

from a developing country, or a country that was a developing 

country for any academic year during the student’s period of 

uninterrupted enrollment in a degree program at the University 

or NTID, except that such a surcharge shall not be adjusted 

retroactively. 

‘‘(c) REDUCTION OF SURCHARGE.—

‘‘(1) IN GENERAL.—Beginning with the academic year 2009–

2010, the University or NTID may reduce the surcharge—

‘‘(A) under subsection (b)(1) from 100 percent to not less 

than 50 percent if—

‘‘(i) a student described under subsection (b)(1) 

demonstrates need; and 

‘‘(ii) such student has made a good-faith effort to 

secure aid through such student’s government or other 

sources; and 

‘‘(B) under subsection (b)(2) from 50 percent to not less 

than 25 percent if—

‘‘(i) a student described under subsection (b)(2) 

demonstrates need; and 

‘‘(ii) such student has made a good faith effort to 

secure aid through such student’s government or other 

sources. 

‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The University and 

NTID shall develop a sliding scale model that—

‘‘(A) will be used to determine the amount of a tuition 

surcharge reduction pursuant to paragraph (1); and 

‘‘(B) shall be approved by the Secretary. 

‘‘(d) DEFINITION.—In this section, the term ‘developing country’

means a country with a per-capita income of not more than $5,345, 

measured in 2005 United States dollars, as adjusted by the Secretary to reflect inflation since 2005.’’. 

SEC. 912. RESEARCH PRIORITIES. 

Section 210(b) of the Education of the Deaf Act of 1986 (20 

U.S.C. 4359b(b)) is amended by striking ‘‘Committee on Education 

and the Workforce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate’’ and inserting 

‘‘Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate’’. 

SEC. 913. NATIONAL STUDY ON THE EDUCATION OF THE DEAF. 

(a) CONDUCT OF STUDY.—Subsection (a)(1) of section 211 of the 

Education of the Deaf Act of 1986 (20 U.S.C. 4360) is amended by 

inserting after ‘‘The Secretary shall’’ the following: ‘‘establish a comVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00390 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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mission on the education of the deaf (in this section referred to as 

the ‘commission’) to’’. 

(b) PUBLIC INPUT AND CONSULTATION.—Subsection (b) of such 

section is amended by striking ‘‘Secretary’’ each place the term appears and inserting ‘‘commission’’. 

(c) REPORT.—Subsection (c) of such section is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘Secretary’’ and all that follows through ‘‘1998’’ and inserting ‘‘commission shall report to the Secretary and Congress not later 

than 18 months after the date of the enactment of the Higher 

Education Opportunity Act’’; and 

(2) in paragraph (1)—

(A) by striking ‘‘recommendations,’’ and inserting ‘‘recommendations relating to educated-related factors that contribute to successful postsecondary education experiences 

and employment for individuals who are deaf,’’; and 

(B) by striking ‘‘Secretary’’ and inserting ‘‘commission’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Subsection (d) of 

such section is amended by striking ‘‘$1,000,000 for each of the fiscal years 1999 and 2000’’ and inserting ‘‘such sums as may be necessary for each of the fiscal years 2009 and 2010’’. 

SEC. 914. AUTHORIZATION OF APPROPRIATIONS. 

Section 212 of the Education of the Deaf Act of 1986 (20 U.S.C. 

4360a) is amended—

(1) in subsection (a), in the matter preceding paragraph (1), 

by striking ‘‘fiscal years 1998 through 2003’’ and inserting ‘‘fiscal years 2009 through 2014’’; and 

(2) in subsection (b), by striking ‘‘fiscal years 1998 through 

2003’’ and inserting ‘‘fiscal years 2009 through 2014’’. 

PART B—UNITED STATES INSTITUTE OF 

PEACE ACT 

SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT. 

(a) POWERS AND DUTIES.—Section 1705(b)(3) of the United 

States Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended by 

striking ‘‘the Arms Control and Disarmament Agency,’’. 

(b) BOARD OF DIRECTORS.—

(1) AMENDMENTS.—Section 1706 of the United States Institute of Peace Act (22 U.S.C. 4605) is amended— (A) by striking ‘‘(b)(5)’’ each place the term appears and 

inserting ‘‘(b)(4)’’; and 

(B) in subsection (e), by adding at the end the following: 

‘‘(5) The term of a member of the Board shall not commence 

until the member is confirmed by the Senate and sworn in as 

a member of the Board.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect as if enacted on June 1, 2007, and 

shall apply to any member of the Board of Directors of the Institute of Peace confirmed by the Senate and sworn in as a 

member of the Board of Directors on or after such date. 

(c) FUNDING.—Section 1710 of the United States Institute of 

Peace Act (22 U.S.C. 4609) is amended—


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(1) in subsection (a)(1), by striking ‘‘to be appropriated’’ and 

all that follows through the period at the end and inserting ‘‘to 

be appropriated such sums as may be necessary for fiscal years 

2009 through 2014.’’; and 

(2) by adding at the end the following: 

‘‘(d) EXTENSION.—Any authorization of appropriations made for 

the purposes of carrying out this title shall be extended in the same 

manner as applicable programs are extended under section 422 of 

the General Education Provisions Act.’’. 

PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER EDUCATION 

AMENDMENTS OF 1992 

SEC. 931. REPEALS. 

The following provisions of title VIII of the Higher Education 

Amendments of 1998 (Public Law 105–244) are repealed: 

(1) Part A. 

(2) Part C (20 U.S.C. 1070 note). 

(3) Part F (20 U.S.C. 1862 note). 

(4) Part J. 

(5) Section 861. 

(6) Section 863. 

SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 

TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS. 

Section 821 of the Higher Education Amendments of 1998 (20 

U.S.C. 1151) is amended to read as follows: 

‘‘SEC. 821. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 

TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS. 

‘‘(a) DEFINITION.—In this section, the term ‘incarcerated individual’ means a male or female offender who is—

‘‘(1) 35 years of age or younger; and 

‘‘(2) incarcerated in a State prison, including a prerelease 

facility. 

‘‘(b) GRANT PROGRAM.—The Secretary of Education (in this section referred to as the ‘Secretary’)—

‘‘(1) shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States to assist and encourage incarcerated individuals who have obtained a secondary school diploma or its recognized equivalent to acquire educational and job skills 

through—

‘‘(A) coursework to prepare such individuals to pursue 

a postsecondary education certificate, an associate’s degree, 

or bachelor’s degree while in prison; 

‘‘(B) the pursuit of a postsecondary education certificate, an associate’s degree, or bachelor’s degree while in 

prison; and 

‘‘(C) employment counseling and other related services, 

which start during incarceration and end not later than 

two years after release from incarceration; and 


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‘‘(2) may establish such performance objectives and reporting requirements for State correctional education agencies receiving grants under this section as the Secretary determines 

are necessary to assess the effectiveness of the program under 

this section. 

‘‘(c) APPLICATION.—To be eligible for a grant under this section, 

a State correctional education agency shall submit to the Secretary 

a proposal for an incarcerated individual program that—

‘‘(1) identifies the scope of the problem, including the number of incarcerated individuals in need of postsecondary education and career and technical training; 

‘‘(2) lists the accredited public or private educational institution or institutions that will provide postsecondary educational services; 

‘‘(3) lists the cooperating agencies, public and private, or 

businesses that will provide related services, such as counseling 

in the areas of career development, substance abuse, health, 

and parenting skills; 

‘‘(4) describes specific performance objectives and evaluation methods (in addition to, and consistent with, any objectives 

established by the Secretary under subsection (b)(2)) that the 

State correctional education agency will use in carrying out its 

proposal, including—

‘‘(A) specific and quantified student outcome measures 

that are referenced to outcomes for non-program participants with similar demographic characteristics; and 

‘‘(B) measures, consistent with the data elements and 

definitions described in subsection (d)(1)(A), of—

‘‘(i) program completion, including an explicit definition of what constitutes a program completion within 

the proposal; 

‘‘(ii) knowledge and skill attainment, including 

specification of instruments that will measure knowledge and skill attainment; 

‘‘(iii) attainment of employment both prior to and 

subsequent to release; 

‘‘(iv) success in employment indicated by job retention and advancement; and 

‘‘(v) recidivism, including such subindicators as 

time before subsequent offense and severity of offense; 

‘‘(5) describes how the proposed program is to be integrated 

with existing State correctional education programs (such as 

adult education, graduate education degree programs, and career and technical training) and State industry programs; 

‘‘(6) describes how the proposed program will—

‘‘(A) deliver services under this section; and 

‘‘(B) utilize technology to deliver such services; and 

‘‘(7) describes how incarcerated individuals will be selected 

so that only those eligible under subsection (e) will be enrolled 

in postsecondary programs. 

‘‘(d) PROGRAM REQUIREMENTS.—Each State correctional education agency receiving a grant under this section shall—

‘‘(1) annually report to the Secretary regarding—


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‘‘(A) the results of the evaluations conducted using data 

elements and definitions provided by the Secretary for the 

use of State correctional education programs; ‘‘(B) any objectives or requirements established by the 

Secretary pursuant to subsection (b)(2); ‘‘(C) the additional performance objectives and evaluation methods contained in the proposal described in subsection (c)(4) as necessary to document the attainment of 

project performance objectives; ‘‘(D) how the funds provided under this section are 

being allocated among postsecondary preparatory education, postsecondary academic programs, and career and 

technical education programs; and ‘‘(E) the service delivery methods being used for each 

course offering; and 

‘‘(2) provide for each student eligible under subsection (e) 

not more than— ‘‘(A) $3,000 annually for tuition, books, and essential 

materials; and ‘‘(B) $300 annually for related services such as career 

development, substance abuse counseling, parenting skills 

training, and health education. ‘‘(e) STUDENT ELIGIBILITY.—An incarcerated individual who 

has obtained a secondary school diploma or its recognized equivalent shall be eligible for participation in a program receiving a 

grant under this section if such individual— ‘‘(1) is eligible to be released within seven years (including 

an incarcerated individual who is eligible for parole within 

such time); ‘‘(2) is 35 years of age or younger; and 

‘‘(3) has not been convicted of— ‘‘(A) a ‘criminal offense against a victim who is a 

minor’ or a ‘sexually violent offense’, as such terms are defined in the Jacob Wetterling Crimes Against Children and 

Sexually Violent Offender Registration Act (42 U.S.C. 

14071 et seq.); or 

‘‘(B) murder, as described in section 1111 of title 18, 

United States Code. 

‘‘(f) LENGTH OF PARTICIPATION.—A State correctional education 

agency receiving a grant under this section shall provide educational and related services to each participating incarcerated individual for a period not to exceed seven years, not more than two 

years of which may be devoted to study in a graduate education degree program or to coursework to prepare such individuals to take 

college level courses. Educational and related services shall start 

during the period of incarceration in prison or prerelease, and the 

related services may continue for not more than two years after release from confinement. ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State correctional education agencies and cooperating institutions shall, to the extent 

practicable, use high-tech applications in developing programs to 

meet the requirements and goals of this section. ‘‘(h) ALLOCATION OF FUNDS.—From the funds appropriated pursuant to subsection (i) for each fiscal year, the Secretary shall allot 

to each State an amount that bears the same relationship to such 


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funds as the total number of students eligible under subsection (e) 

in such State bears to the total number of such students in all 

States. 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal years 2009 through 2014.’’. 

SEC. 933. UNDERGROUND RAILROAD EDUCATIONAL AND CULTURAL 

PROGRAM. 

Section 841 of the Higher Education Amendments of 1998 (20 

U.S.C. 1153) is amended—

(1) in subsection (a), by inserting ‘‘, including the lessons to 

be drawn from such history’’ after ‘‘Railroad’’; 

(2) in subsection (b)—

(A) by striking paragraphs (1) and (2) and inserting 

the following: 

‘‘(1) to establish a facility to—

‘‘(A) house, display, interpret, and communicate information regarding the artifacts and other materials related 

to the history of the Underground Railroad, including the 

lessons to be drawn from such history; 

‘‘(B) maintain such artifacts and materials; and 

‘‘(C) make the efforts described in subparagraph (A) 

available, including through electronic means, to elementary and secondary schools, institutions of higher education, and the general public; 

‘‘(2) to demonstrate substantial public and private support 

for the operation of the facility through the implementation of 

a public-private partnership between one or more State or local 

public entities and one or more private entities, which publicprivate partnership shall provide matching funds from non-federal sources for the support of the facility in an amount equal 

to or greater than four times the amount of the grant awarded 

under this section;’’; 

(B) in paragraph (4)—

(i) by inserting ‘‘and maintain’’ after ‘‘establish’’; 

and 

(ii) by inserting ‘‘including the lessons to be drawn 

from the history of the Underground Railroad,’’ after 

‘‘States,’’; and 

(C) in paragraph (5)—

(i) by inserting ‘‘and maintain’’ after ‘‘establish’’; 

and 

(ii) by inserting ‘‘, including the lessons to be 

drawn from such history’’ after ‘‘Railroad’’; and 

(3) in subsection (c), by striking ‘‘this section’’ and all that 

follows through the period at the end and inserting ‘‘$3,000,000 

for fiscal year 2009 and each of the five succeeding fiscal 

years.’’. 

SEC. 934. OLYMPIC SCHOLARSHIPS. 

Section 1543(d) of the Higher Education Amendments of 1992 

(20 U.S.C. 1070 note) is amended—

(1) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(2) by striking ‘‘4’’ and inserting ‘‘five’’. 


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SEC. 935. ESTABLISHMENT OF A DEPUTY ASSISTANT SECRETARY FOR 

INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION. 

Section 205 of the Department of Education Organization Act 

(20 U.S.C. 3415) is amended to read as follows: 

‘‘OFFICE OF POSTSECONDARY EDUCATION

‘‘SEC. 205. (a) There shall be in the Department an Office of 

Postsecondary Education, to be administered by the Assistant Secretary for Postsecondary Education appointed under section 202(b). 

The Assistant Secretary shall administer such functions affecting 

postsecondary education, both public and private, as the Secretary 

shall delegate, and shall serve as the principal adviser to the Secretary on matters affecting postsecondary education. 

‘‘(b) The Assistant Secretary for Postsecondary Education shall 

appoint a Deputy Assistant Secretary for International and Foreign 

Language Education to perform such functions affecting postsecondary, international, and foreign language education as the Secretary may prescribe. The Deputy Assistant Secretary for International and Foreign Language Education shall—

‘‘(1) be an individual with extensive background and experience in international and foreign language education; 

‘‘(2) have responsibility for encouraging and promoting the 

study of foreign languages and the study of the cultures of other 

countries at the elementary, secondary, and postsecondary levels 

in the United States; and 

‘‘(3) coordinate with related international and foreign language education programs of other Federal agencies.’’. 

PART D—TRIBAL COLLEGES AND 

UNIVERSITIES; NAVAJO HIGHER EDUCATION 

Subpart 1—Tribal Colleges and Universities 

SEC. 941. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE ACT OF 1978. 

(a) CLARIFICATION OF THE DEFINITION OF NATIONAL INDIAN ORGANIZATION.—Section 2(a)(6) of the Tribally Controlled College or 

University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended 

by striking ‘‘in the field of Indian education’’ and inserting ‘‘in the 

fields of tribally controlled colleges and universities and Indian 

higher education’’. 

(b) INDIAN STUDENT COUNT.—Section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1801(a)) is amended—

(1) by redesignating paragraphs (7) and (8) as paragraphs 

(8) and (9), respectively; and 

(2) by inserting after paragraph (6) the following: 

‘‘(7) ‘Indian student’ means a student who is—

‘‘(A) a member of an Indian tribe; or 

‘‘(B) a biological child of a member of an Indian tribe, 

living or deceased;’’. 

(c) CONTINUING EDUCATION.—Section 2(b) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1801(b)) is amended—


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(1) in the matter preceding paragraph (1), by striking ‘‘paragraph (7) of subsection (a)’’ and inserting ‘‘subsection 

(a)(8)’’; 

(2) by striking paragraph (5) and inserting the following: 

‘‘(5) Eligible credits earned in a continuing education program— ‘‘(A) shall be determined as one credit for every ten contact hours in the case of an institution on a quarter system, 

or 15 contact hours in the case of an institution on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable 

direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training; and ‘‘(B) shall be limited to ten percent of the Indian student count of a tribally controlled college or university.’’; 

and 

(3) by striking paragraph (6). 

(d) ACCREDITATION REQUIREMENT.—Section 103 of the Tribally 

Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1804) is amended— (1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by inserting after paragraph (3), the following: 

‘‘(4)(A) is accredited by a nationally recognized accrediting 

agency or association determined by the Secretary of Education 

to be a reliable authority with regard to the quality of training 

offered; or ‘‘(B) according to such an agency or association, is making 

reasonable progress toward accreditation.’’. (e) TECHNICAL ASSISTANCE CONTRACTS.—Section 105 of the 

Tribally Controlled College or University Assistance Act of 1978 (25 

U.S.C. 1805) is amended— (1) by striking the section designation and heading and all 

that follows through ‘‘The Secretary shall’’ and inserting the following: 

‘‘SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. 

‘‘(a) TECHNICAL ASSISTANCE.— ‘‘(1) IN GENERAL.—The Secretary shall’’; 

(2) in the second sentence, by striking ‘‘In the awarding of 

contracts for technical assistance, preference shall be given’’ and 

inserting the following: 

‘‘(2) DESIGNATED ORGANIZATION.—The Secretary shall require that a contract for technical assistance under paragraph 

(1) shall be awarded’’; and 

(3) in the third sentence, by striking ‘‘No authority’’ and inserting the following: 

‘‘(b) EFFECT OF SECTION.—No authority’’. 

(f) AMOUNT OF GRANTS.—Section 108(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1808(a)) is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; 


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(2) by striking ‘‘(a) Except as provided in section 111,’’ and 

inserting the following: 

‘‘(a) REQUIREMENT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2) and 

section 111,’’; 

(3) in paragraph (1) (as redesignated by paragraphs (1) 

and (2))—

(A) in the matter preceding subparagraph (A) (as redesignated by paragraph (1))— (i) by striking ‘‘him’’ and inserting ‘‘the Secretary’’; 

and 

(ii) by striking ‘‘product of’’ and inserting ‘‘product 

obtained by multiplying’’; 

(B) in subparagraph (A) (as redesignated by paragraph 

(1)), by striking ‘‘section 2(a)(7)’’ and inserting ‘‘section 

2(a)(8)’’; and 

(C) in subparagraph (B) (as redesignated by paragraph 

(1)), by striking ‘‘$6,000,’’ and inserting ‘‘$8,000, as adjusted annually for inflation.’’; and 

(4) by striking ‘‘except that no grant shall exceed the total 

cost of the education program provided by such college or university.’’ and inserting the following: ‘‘(2) EXCEPTION.—The amount of a grant under paragraph 

(1) shall not exceed an amount equal to the total cost of the education program provided by the applicable tribally controlled 

college or university.’’. (g) GENERAL PROVISIONS REAUTHORIZATION.—Section 110(a) of 

the Tribally Controlled College or University Assistance Act of 1978 

(25 U.S.C. 1810(a)) is amended— (1) in paragraphs (1), (2), (3), and (4), by striking ‘‘1999’’ and inserting ‘‘2009’’; 

(2) in paragraphs (1), (2), and (3), by striking ‘‘4 succeeding’’ and inserting ‘‘five succeeding’’; 

(3) in paragraph (2), by striking ‘‘$40,000,000’’ and inserting ‘‘such sums as may be necessary’’; 

(4) in paragraph (3), by striking ‘‘$10,000,000’’ and inserting ‘‘such sums as may be necessary’’; and 

(5) in paragraph (4), by striking ‘‘succeeding 4’’ and inserting ‘‘five succeeding’’. 

(h) ENDOWMENT PROGRAM REAUTHORIZATION.—Section 306(a) 

of the Tribally Controlled College or University Assistance Act of 

1978 (25 U.S.C. 1836(a)) is amended—

(1) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(2) by striking ‘‘4 succeeding’’ and inserting ‘‘five succeeding’’. 

(i) TRIBAL ECONOMIC DEVELOPMENT REAUTHORIZATION.—Section 403 of the Tribal Economic Development and Technology Related Education Assistance Act of 1990 (25 U.S.C. 1852) is amended— (1) by striking ‘‘$2,000,000 for fiscal year 1999’’ and inserting ‘‘such sums as may be necessary for fiscal year 2009’’; and 

(2) by striking ‘‘4 succeeding’’ and inserting ‘‘five succeeding’’. (j) TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS.—


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(1) IN GENERAL.—The Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is 

amended by adding at the end the following: 

‘‘TITLE V—TRIBALLY CONTROLLED 

POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS 

‘‘SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY 

CAREER AND TECHNICAL INSTITUTION. 

‘‘In this title, the term ‘tribally controlled postsecondary career 

and technical institution’ has the meaning given the term in section 

3 of the Carl D. Perkins Career and Technical Education Act of 

2006 (20 U.S.C. 2302). 

‘‘SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 

TECHNICAL INSTITUTIONS PROGRAM. 

‘‘(a) IN GENERAL.—Subject to the availability of appropriations, 

for fiscal year 2009 and each fiscal year thereafter, the Secretary 

shall—

‘‘(1) subject to subsection (b), select two tribally controlled 

postsecondary career and technical institutions to receive assistance under this title; and 

‘‘(2) provide funding to the selected tribally controlled postsecondary career and technical institutions to pay the costs (including institutional support costs) of operating postsecondary 

career and technical education programs for Indian students at 

the tribally controlled postsecondary career and technical institutions. 

‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.—

‘‘(1) REQUIREMENT.—For each fiscal year during which the 

Secretary determines that a tribally controlled postsecondary 

career and technical institution described in paragraph (2) 

meets the definition referred to in section 501, the Secretary 

shall select that tribally controlled postsecondary career and 

technical institution under subsection (a)(1) to receive funding 

under this section. 

‘‘(2) INSTITUTIONS.—The two tribally controlled postsecondary career and technical institutions referred to in paragraph (1) are—

‘‘(A) the United Tribes Technical College; and 

‘‘(B) the Navajo Technical College. 

‘‘(c) METHOD OF PAYMENT.—For each applicable fiscal year, the 

Secretary shall provide funding under this section to each tribally 

controlled postsecondary career and technical institution selected for 

the fiscal year under subsection (a)(1) in a lump sum payment for 

the fiscal year. 

‘‘(d) DISTRIBUTION.—

‘‘(1) IN GENERAL.—For fiscal year 2009 and each fiscal year 

thereafter, of amounts made available pursuant to section 504, 

the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for the fiscal 

year under subsection (a)(1) an amount equal to the greater of—


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‘‘(A) the total amount appropriated for the tribally controlled postsecondary career and technical institution for 

fiscal year 2006; or 

‘‘(B) the total amount appropriated for the tribally controlled postsecondary career and technical institution for 

fiscal year 2008. 

‘‘(2) EXCESS AMOUNTS.—If, for any fiscal year, the amount 

made available pursuant to section 504 exceeds the sum of the 

amounts required to be distributed under paragraph (1) to the 

tribally controlled postsecondary career and technical institutions selected for the fiscal year under subsection (a)(1), the Secretary shall distribute to each tribally controlled postsecondary 

career and technical institution selected for that fiscal year a 

portion of the excess amount, to be determined by—

‘‘(A) dividing the excess amount by the aggregate Indian student count (as defined in section 117(h) of the Carl 

D. Perkins Career and Technical Education Act of 2006 (20 

U.S.C. 2327(h)) of such institutions for the prior academic 

year; and 

‘‘(B) multiplying the quotient described in subparagraph (A) by the Indian student count of each such institution for the prior academic year. 

‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 

‘‘(a) IN GENERAL.—Paragraphs (4) and (8) of subsection (a), and 

subsection (b), of section 2, sections 105, 108, 111, 112 and 113, and 

titles II, III, and IV shall not apply to this title. 

‘‘(b) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE.—Funds made available pursuant to this title shall be subject 

to the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450 et seq.). 

‘‘(c) ELECTION TO RECEIVE.—A tribally controlled postsecondary 

career and technical institution selected for a fiscal year under section 502(b) may elect to receive funds pursuant to section 502 in accordance with an agreement between the tribally controlled postsecondary career and technical institution and the Secretary under the 

Indian Self-Determination and Education Assistance Act (25 U.S.C. 

450 et seq.) if the agreement is in existence on the date of enactment 

of the Higher Education Opportunity Act. 

‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt of, assistance under this title shall not preclude the eligibility of a tribally 

controlled postsecondary career and technical institution to receive 

Federal financial assistance under—

‘‘(1) any program under the Higher Education Act of 1965 

(20 U.S.C. 1001 et seq.); 

‘‘(2) any program under the Carl D. Perkins Career and 

Technical Education Act of 2006; or 

‘‘(3) any other applicable program under which a benefit is 

provided for—

‘‘(A) institutions of higher education; 

‘‘(B) community colleges; or 

‘‘(C) postsecondary educational institutions. 


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‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated such sums as are necessary for fiscal year 2009 and each fiscal year thereafter to carry 

out this title.’’. (2) CONFORMING AMENDMENTS.—Section 117 of the Carl D. 

Perkins Career and Technical Education Act of 2006 (20 U.S.C. 

2327) is amended— (A) by striking subsection (a) and inserting the following: ‘‘(a) GRANT PROGRAM.—Subject to the availability of appropriations, the Secretary shall make grants under this section, to provide 

basic support for the education and training of Indian students, to 

tribally controlled postsecondary career and technical institutions 

that are not receiving Federal assistance as of the date on which the 

grant is provided under— ‘‘(1) title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or ‘‘(2) the Navajo Community College Act (25 U.S.C. 640a et 

seq.).’’; and 

(B) by striking subsection (d) and inserting the following: ‘‘(d) APPLICATIONS.—To be eligible to receive a grant under this 

section, a tribally controlled postsecondary career and technical institution that is not receiving Federal assistance under title I of the 

Tribally Controlled Colleges and Universities Assistance Act of 1978 

(25 U.S.C. 1802 et seq.) or the Navajo Community College Act (25 

U.S.C. 640a et seq.) shall submit to the Secretary an application at 

such time, in such manner, and containing such information as the 

Secretary may require.’’. (k) SHORT TITLE.— (1) IN GENERAL.—The first section of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1801 note; Public Law 95–471) is amended to read as follows: 

‘‘SECTION 1. SHORT TITLE. 

‘‘This Act may be cited as the ‘Tribally Controlled Colleges and 

Universities Assistance Act of 1978’.’’. 

(2) TECHNICAL AMENDMENTS.—

(A) EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT

OF 1994.—Section 533(c)(4)(A) of the Equity in Educational 

Land-Grant Status Act of 1994 (7 U.S.C. 301 note) is 

amended by striking ‘‘Tribally Controlled College or University Assistance Act of 1978’’ and inserting ‘‘Tribally Controlled Colleges and Universities Assistance Act of 1978’’. 

(B) NATIONAL MUSEUM OF THE AMERICAN INDIAN

ACT.—Section 10(b)(2) of the National Museum of the 

American Indian Act (20 U.S.C. 80q-8(b)(2)) is amended by 

striking ‘‘tribally controlled community colleges (as defined 

in section 2 of the Tribally Controlled Community College 

Assistance Act of 1978)’’ and inserting ‘‘tribally controlled 

colleges or universities (as defined in section 2(a) of the 

Tribally Controlled Colleges and Universities Assistance 

Act of 1978)’’. 

(C) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—

Section 602(17)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(17)(B)) is amended—


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(i) by striking ‘‘community college’’ and inserting ‘‘college or university’’; and 

(ii) by striking ‘‘the Tribally Controlled College or 

University Assistance Act of 1978’’ and inserting ‘‘the 

Tribally Controlled Colleges and Universities Assistance Act of 1978’’. (D) CARL D. PERKINS CAREER AND TECHNICAL EDU- CATION ACT OF 2006.—The Carl D. Perkins Career and 

Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is 

amended—

(i) in section 3(33) (20 U.S.C. 2302(33)), by striking ‘‘the Tribally Controlled College or University Assistance Act of 1978’’ and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 

1978’’; 

(ii) in section 117 (20 U.S.C. 2327), by striking ‘‘the Tribally Controlled College or University Assistance Act of 1978’’ each place the term appears and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’; and 

(iii) in section 203(a)(1)(B)(i)(I)(bb)(AA) (20 U.S.C. 

2373(a)(1)(B)(i)(I)(bb)(AA)), by striking ‘‘the Tribally 

Controlled College or University Assistance Act of 

1978’’ and inserting ‘‘the Tribally Controlled Colleges 

and Universities Assistance Act of 1978’’. (E) OMNIBUS EDUCATION RECONCILIATION ACT OF

1981.—Section 528 of the Omnibus Education Reconciliation Act of 1981 (20 U.S.C. 3489) is amended by striking 

‘‘the Tribally Controlled’’ and all that follows through ‘‘1978’’ and inserting ‘‘the Tribally Controlled Colleges and 

Universities Assistance Act of 1978’’. (F) ELEMENTARY AND SECONDARY EDUCATION ACT OF

1965.—The Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6301 et seq.) is amended— (i) in section 3301(3) (20 U.S.C. 7011(3)), by striking ‘‘the Tribally Controlled College or University Assistance Act of 1978’’ and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 

1978’’; and 

(ii) in section 7134(b)(1)(A) (20 U.S.C. 

7454(b)(1)(A)), by striking ‘‘the Tribally Controlled College or University Assistance Act of 1978’’ and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’. (G) AUGUSTUS F. HAWKINS-ROBERT T. STAFFORD ELEMENTARY AND SECONDARY SCHOOL IMPROVEMENT AMENDMENTS OF 1988.—Section 5404(a)(1) of the Augustus F. 

Hawkins-Robert T. Stafford Elementary and Secondary 

School Improvement Amendments of 1988 (25 U.S.C. 13d– 2(a)(1)) is amended by striking ‘‘the Tribally Controlled’’ and all that follows through ‘‘1978’’ and inserting ‘‘the 

Tribally Controlled Colleges and Universities Assistance 

Act of 1978’’. (H) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.—Section 403(b)(4)(A) of the Indian Self-DeVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00402 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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termination and Education Assistance Act (25 U.S.C. 

458cc(b)(4)(A)) is amended by striking ‘‘the Tribally Controlled’’ and all that follows through ‘‘1978’’ and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’. (I) INDIAN HEALTH CARE IMPROVEMENT ACT.—The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) 

is amended— (i) in section 113(b)(1) (25 U.S.C. 1616f(b)(1)), by 

striking ‘‘tribally-controlled’’ and all that follows 

through ‘‘1978)’’ and inserting ‘‘tribally controlled colleges or universities (within the meaning of section 

2(a)(4) of the Tribally Controlled Colleges and Universities Act of 1978)’’; 

(ii) in section 115(e) (25 U.S.C. 1616h(e)(2))— (I) in paragraph (1)(A), by striking ‘‘a tribally 

controlled community college’’ and inserting ‘‘a 

junior or community college that is a tribally controlled college or university’’; and 

(II) by striking paragraph (2) and inserting 

the following: ‘‘(2) The term ‘tribally controlled college or university’ has 

the meaning given to such term by section 2(a)(4) of the Tribally 

Controlled Colleges and Universities Assistance Act of 1978.’’; 

and 

(iii) by striking paragraph (3) of section 711(g) (25 

U.S.C. 1665j(g)) and inserting the following: ‘‘(3) The term ‘tribally controlled community college’ means 

a community college that is a tribally controlled college or university, as such term is defined in section 2(a)(4) of the Tribally 

Controlled Colleges and Universities Assistance Act of 1978.’’. (J) INDIAN CHILD PROTECTION AND FAMILY VIOLENCE

PREVENTION ACT.—Section 411(d)(5)(C) of the Indian Child 

Protection and Family Violence Prevention Act (25 U.S.C. 

3210(d)(5)(C)) is amended by striking ‘‘tribally controlled’’ and all that follows through the semicolon at the end and 

inserting ‘‘tribally controlled college or university (within 

the meaning of section 2 of the Tribally Controlled Colleges 

and Universities Assistance Act of 1978);’’. (K) ASSISTIVE TECHNOLOGY ACT OF 1998.—Section 3(11) 

of the Assistive Technology Act of 1998 (29 U.S.C. 3002(11)) 

is amended by striking ‘‘the Tribally Controlled College or 

University Assistance Act of 1978’’ and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 

1978’’. 

(L) ATOMIC ENERGY ACT OF 1954.—Section 244(a)(3) of 

the Atomic Energy Act of 1954 (42 U.S.C. 2015c(a)(3)) is 

amended by striking ‘‘the Tribally Controlled College or 

University Assistance Act of 1978’’ and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 

1978’’. 

(M) DEPARTMENT OF ENERGY SCIENCE EDUCATION EN- HANCEMENT ACT.—Section 3167(a)(5) of the Department of 

Energy Science Education Enhancement Act (42 U.S.C. 

7381c–1(a)(5)) is amended by striking ‘‘the Tribally ConVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00403 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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trolled College Assistance Act of 1978’’ and inserting ‘‘the 

Tribally Controlled Colleges and Universities Assistance 

Act of 1978’’. 

(N) ED 1.0 ACT.—The ED 1.0 Act (47 U.S.C. 902 note) 

is amended in subsection (a)(2)(C) by striking ‘‘the Tribally 

Controlled College or University Assistance Act of 1978’’

and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’. 

Subpart 2—Navajo Higher Education 

SEC. 945. SHORT TITLE. 

This subpart may be cited as the ‘‘Navajo Nation Higher Education Act of 2008’’. 

SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE ACT. 

(a) PURPOSE.—Section 2 of the Navajo Community College Act 

(25 U.S.C. 640a) is amended—

(1) by striking ‘‘Navajo Tribe of Indians’’ and inserting 

‘‘Navajo Nation’’; and 

(2) by striking ‘‘the Navajo Community College’’ and inserting ‘‘Dine ́ College’’. 

(b) GRANTS.—Section 3 of the Navajo Community College Act 

(25 U.S.C. 640b) is amended—

(1) in the first sentence—

(A) by inserting ‘‘the’’ before ‘‘Interior’’; 

(B) by striking ‘‘Navajo Tribe of Indians’’ and inserting 

‘‘Navajo Nation’’; and 

(C) by striking ‘‘the Navajo Community College’’ and 

inserting ‘‘Dine ́ College’’; and 

(2) in the second sentence—

(A) by striking ‘‘Navajo Tribe’’ and inserting ‘‘Navajo 

Nation’’; and 

(B) by striking ‘‘Navajo Indians’’ and inserting ‘‘Navajo 

people’’. 

(c) STUDY OF FACILITIES NEEDS.—Section 4 of the Navajo Community College Act (25 U.S.C. 640c) is amended—

(1) in subsection (a)—

(A) in the first sentence—

(i) by striking ‘‘the Navajo Community College’’

and inserting ‘‘Dine ́ College’’; and 

(ii) by striking ‘‘August 1, 1979’’ and inserting ‘‘October 31, 2010’’; and 

(B) in the second sentence, by striking ‘‘Navajo Tribe’’

and inserting ‘‘Navajo Nation’’; 

(2) in subsection (b), by striking ‘‘the date of enactment of 

the Tribally Controlled Community College Assistance Act of 

1978’’ and inserting ‘‘October 1, 2007’’; and 

(3) in subsection (c), in the first sentence, by striking ‘‘the 

Navajo Community College’’ and inserting ‘‘Dine ́ College’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 5 of the Navajo Community College Act (25 U.S.C. 640c–1) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘$2,000,000’’ and all 

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ing ‘‘such sums as are necessary for fiscal years 2009 

through 2014.’’; and 

(B) by adding at the end the following: ‘‘(3) Sums described in paragraph (2) shall be used to provide 

grants for construction activities, including the construction of 

buildings, water and sewer facilities, roads, information technology 

and telecommunications infrastructure, classrooms, and external 

structures (such as walkways).’’; 

(2) in subsection (b)(1)— (A) in the matter preceding subparagraph (A)— (i) by striking ‘‘the Navajo Community College’’ and inserting ‘‘Dine ́ College’’; and 

(ii) by striking ‘‘, for each fiscal year’’ and all that 

follows through ‘‘for—’’ and inserting ‘‘such sums as 

are necessary for fiscal years 2009 through 2014 to pay 

the cost of—’’; 

(B) in subparagraph (A)— (i) by striking ‘‘college’’ and inserting ‘‘College’’; 

(ii) in clauses (i) and (iii), by striking the commas 

at the ends of the clauses and inserting semicolons; 

and 

(iii) in clause (ii), by striking ‘‘, and’’ at the end 

and inserting ‘‘; and’’; 

(C) in subparagraph (B), by striking the comma at the 

end and inserting a semicolon; 

(D) in subparagraph (C), by striking ‘‘, and’’ at the end 

and inserting a semicolon; 

(E) in subparagraph (D), by striking the period at the 

end and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(E) improving and expanding the College, including 

by providing, for the Navajo people and others in the community of the College— ‘‘(i) higher education programs; 

‘‘(ii) career and technical education; 

‘‘(iii) activities relating to the preservation and protection of the Navajo language, philosophy, and culture; 

‘‘(iv) employment and training opportunities; 

‘‘(v) economic development and community outreach; and 

‘‘(vi) a safe learning, working, and living environment.’’; and 

(3) in subsection (c), by striking ‘‘the Navajo Community 

College’’ and inserting ‘‘Dine ́ College’’. 

(e) EFFECT ON OTHER LAWS.—Section 6 of the Navajo Community College Act (25 U.S.C. 640c–2) is amended—

(1) by striking ‘‘the Navajo Community College’’ each place 

it appears and inserting ‘‘Dine ́ College’’; and 

(2) in subsection (b), by striking ‘‘college’’ and inserting ‘‘College’’. (f) PAYMENTS; INTEREST.—Section 7 of the Navajo Community 

College Act (25 U.S.C. 640c–3) is amended by striking ‘‘the Navajo 

Community College’’ each place it appears and inserting ‘‘Dine ́ College’’. 


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PART E—OMNIBUS CRIME CONTROL AND SAFE 

STREETS ACT OF 1968 

SEC. 951. SHORT TITLE. 

This part may be cited as the ‘‘John R. Justice Prosecutors and 

Defenders Incentive Act of 2008’’. 

SEC. 952. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS. 

Title I of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3711 et seq.) is amended by inserting after part II 

(42 U.S.C. 3797cc et seq.) the following: 

‘‘PART JJ—LOAN REPAYMENT FOR 

PROSECUTORS AND PUBLIC DEFENDERS 

‘‘SEC. 3001. GRANT AUTHORIZATION. 

‘‘(a) PURPOSE.—The purpose of this section is to encourage 

qualified individuals to enter and continue employment as prosecutors and public defenders. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) PROSECUTOR.—The term ‘prosecutor’ means a full-time 

employee of a State or unit of local government who— ‘‘(A) is continually licensed to practice law; and 

‘‘(B) prosecutes criminal or juvenile delinquency cases 

at the State or unit of local government level (including supervision, education, or training of other persons prosecuting such cases). 

‘‘(2) PUBLIC DEFENDER.—The term ‘public defender’ means 

an attorney who— ‘‘(A) is continually licensed to practice law; and 

‘‘(B) is—

‘‘(i) a full-time employee of a State or unit of local 

government who provides legal representation to indigent persons in criminal or juvenile delinquency cases 

(including supervision, education, or training of other 

persons providing such representation); ‘‘(ii) a full-time employee of a nonprofit organization operating under a contract with a State or unit of 

local government, who devotes substantially all of the 

employee’s full-time employment to providing legal representation to indigent persons in criminal or juvenile 

delinquency cases (including supervision, education, or 

training of other persons providing such representation); or ‘‘(iii) employed as a full-time Federal defender attorney in a defender organization established pursuant 

to subsection (g) of section 3006A of title 18, United 

States Code, that provides legal representation to indigent persons in criminal or juvenile delinquency cases. 

‘‘(3) STUDENT LOAN.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘student loan’ means—

‘‘(i) a loan made, insured, or guaranteed under 

part B of title IV of the Higher Education Act of 1965 

(20 U.S.C. 1071 et seq.); 


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‘‘(ii) a loan made under part D or E of title IV of 

the Higher Education Act of 1965 (20 U.S.C. 1087a et 

seq. and 1087aa et seq.); and 

‘‘(iii) a loan made under section 428C or 455(g) of 

the Higher Education Act of 1965 (20 U.S.C. 1078–3 

and 1087e(g)). 

‘‘(B) EXCLUSION OF PARENT PLUS LOANS.—The term 

‘student loan’ does not include any of the following loans: 

‘‘(i) A loan made to the parents of a dependent student under section 428B of the Higher Education Act 

of 1965 (20 U.S.C. 1078–2). 

‘‘(ii) A Federal Direct PLUS Loan made to the parents of a dependent student. 

‘‘(iii) A loan made under section 428C or 455(g) of 

the Higher Education Act of 1965 (20 U.S.C. 1078–3 

and 1087e(g)) to the extent that such loan was used to 

repay a loan described in clause (i) or (ii). 

‘‘(c) PROGRAM AUTHORIZED.—The Attorney General shall establish a program by which the Department of Justice shall assume the 

obligation to repay a student loan, by direct payments on behalf of 

a borrower to the holder of such loan, in accordance with subsection 

(d), for any borrower who—

‘‘(1) is employed as a prosecutor or public defender; and 

‘‘(2) is not in default on a loan for which the borrower seeks 

forgiveness. 

‘‘(d) TERMS OF AGREEMENT.—

‘‘(1) IN GENERAL.—To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written 

agreement that specifies that—

‘‘(A) the borrower will remain employed as a prosecutor 

or public defender for a required period of service of not 

less than three years, unless involuntarily separated from 

that employment; 

‘‘(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney 

General the amount of any benefits received by such employee under this section; 

‘‘(C) if the borrower is required to repay an amount to 

the Attorney General under subparagraph (B) and fails to 

repay such amount, a sum equal to that amount shall be 

recoverable by the Federal Government from the employee 

(or such employee’s estate, if applicable) by such methods as 

are provided by law for the recovery of amounts owed to the 

Federal Government; 

‘‘(D) the Attorney General may waive, in whole or in 

part, a right of recovery under this subsection if it is shown 

that recovery would be against equity and good conscience 

or against the public interest; and 

‘‘(E) the Attorney General shall make student loan payments under this section for the period of the agreement, 

subject to the availability of appropriations. 

‘‘(2) REPAYMENTS.—


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‘‘(A) IN GENERAL.—Any amount repaid by, or recovered 

from, an individual or the estate of an individual under 

this subsection shall be credited to the appropriation account from which the amount involved was originally paid. ‘‘(B) MERGER.—Any amount credited under subparagraph (A) shall be merged with other sums in such account 

and shall be available for the same purposes and period, 

and subject to the same limitations, if any, as the sums 

with which the amount was merged. 

‘‘(3) LIMITATIONS.— ‘‘(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan 

repayments made by the Attorney General under this section shall be made subject to such terms, limitations, or 

conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under 

paragraph (1), except that the amount paid by the Attorney 

General under this section shall not exceed— ‘‘(i) $10,000 for any borrower in any calendar year; 

or ‘‘(ii) an aggregate total of $60,000 in the case of 

any borrower. 

‘‘(B) BEGINNING OF PAYMENTS.—Nothing in this section 

shall authorize the Attorney General to pay any amount to 

reimburse a borrower for any repayments made by such 

borrower prior to the date on which the Attorney General 

entered into an agreement with the borrower under this 

subsection. ‘‘(e) ADDITIONAL AGREEMENTS.— ‘‘(1) IN GENERAL.—On completion of the required period of 

service under an agreement under subsection (d), the borrower 

and the Attorney General may, subject to paragraph (2), enter 

into an additional agreement in accordance with subsection (d). 

‘‘(2) TERM.—An agreement entered into under paragraph 

(1) may require the borrower to remain employed as a prosecutor or public defender for less than three years. 

‘‘(f) AWARD BASIS; PRIORITY.— ‘‘(1) AWARD BASIS.—Subject to paragraph (2), the Attorney 

General shall provide repayment benefits under this section— ‘‘(A) giving priority to borrowers who have the least 

ability to repay their loans, except that the Attorney General shall determine a fair allocation of repayment benefits 

among prosecutors and public defenders, and among employing entities nationwide; and ‘‘(B) subject to the availability of appropriations. ‘‘(2) PRIORITY.—The Attorney General shall give priority in 

providing repayment benefits under this section in any fiscal 

year to a borrower who—

‘‘(A) received repayment benefits under this section during the preceding fiscal year; and ‘‘(B) has completed less than three years of the first required period of service specified for the borrower in an 

agreement entered into under subsection (d). ‘‘(g) REGULATIONS.—The Attorney General is authorized to issue 

such regulations as may be necessary to carry out the provisions of 

this section. 


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‘‘(h) REPORT BY INSPECTOR GENERAL.—Not later than three 

years after the date of the enactment of this section, the Inspector 

General of the Department of Justice shall submit to Congress a report on—

‘‘(1) the cost of the program authorized under this section; 

and 

‘‘(2) the impact of such program on the hiring and retention 

of prosecutors and public defenders. 

‘‘(i) GAO STUDY.—Not later than one year after the date of the 

enactment of this section, the Comptroller General shall conduct a 

study of, and report to Congress on, the impact that law school accreditation requirements and other factors have on the costs of law 

school and student access to law school, including the impact of 

such requirements on racial and ethnic minorities. 

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $25,000,000 for fiscal 

year 2009 and such sums as may be necessary for each of the five 

succeeding fiscal years.’’. 

PART F—INSTITUTIONAL LOAN REPAYMENT 

ASSISTANCE PROGRAMS 

SEC. 961. INSTITUTIONAL LOAN FORGIVENESS PROGRAMS. 

Notwithstanding any other provision of law—

(1) a public or private institution of higher education may 

provide an officer or employee of any branch of the United 

States Government, of any independent agency of the United 

States, or of the District of Columbia, who is a current or 

former student of such institution, financial assistance for the 

purpose of repaying a student loan or providing forbearance of 

student loan repayment if—

(A) such repayment or forbearance is provided to such 

officer or employee in accordance with a written, published 

policy of the institution relating to repaying or providing 

forbearance, respectively, for students or former students 

who perform public service; and 

(B) in the case of a former student of the institution of 

higher education, the policy described in subparagraph (A) 

was in effect at the institution of higher education on the 

day before the date such officer or employee graduated from 

or otherwise ceased being a student at such institution; and 

(2) an officer or employee of any branch of the United 

States Government, of any independent agency of the United 

States, or of the District of Columbia may receive repayment or 

forbearance permitted under paragraph (1). 


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PART G—MINORITY SERVING INSTITUTION 

DIGITAL AND WIRELESS TECHNOLOGY OPPORTUNITY PROGRAM 

SEC. 971. MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS 

TECHNOLOGY OPPORTUNITY PROGRAM. 

Section 5 of the Stevenson-Wydler Technology Innovation Act of 

1980 (15 U.S.C. 3704) is amended by inserting after subsection (b) 

the following: ‘‘(c) MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS

TECHNOLOGY OPPORTUNITY PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall establish a Minority 

Serving Institution Digital and Wireless Technology Opportunity Program that awards grants, cooperative agreements, 

and contracts to eligible institutions to enable the eligible institutions in acquiring, and augmenting the institutions’ use of, 

digital and wireless networking technologies to improve the 

quality and delivery of educational services at eligible institutions. ‘‘(2) APPLICATION AND REVIEW PROCEDURES.— ‘‘(A) IN GENERAL.—To be eligible to receive a grant, cooperative agreement, or contract under this subsection, an 

eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such 

information as the Secretary may require. Such application, at a minimum, shall include a description of how the 

funds will be used, including a description of any digital 

and wireless networking technology to be acquired, and a 

description of how the institution will ensure that digital 

and wireless networking technology will be made accessible 

to, and employed by, students, faculty, and administrators. 

The Secretary, consistent with subparagraph (C) and in 

consultation with the advisory council established under 

subparagraph (B), shall establish procedures to review such 

applications. The Secretary shall publish the application 

requirements and review criteria in the Federal Register, 

along with a statement describing the availability of funds. ‘‘(B) ADVISORY COUNCIL.—The Secretary shall establish 

an advisory council to advise the Secretary on the best approaches to encourage maximum participation by eligible 

institutions in the program established under paragraph 

(1), and on the procedures to review applications submitted 

to the program. In selecting the members of the advisory 

council, the Secretary shall consult with representatives of 

appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council includes representatives of minority businesses and eligible institution communities. The Secretary 

shall also consult with experts in digital and wireless networking technology to ensure that such expertise is represented on the advisory council. ‘‘(C) REVIEW PANELS.—Each application submitted 

under this subsection by an eligible institution shall be reviewed by a panel of individuals selected by the Secretary 

to judge the quality and merit of the proposal, including 


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the extent to which the eligible institution can effectively 

and successfully utilize the proposed grant, cooperative 

agreement, or contract to carry out the program described 

in paragraph (1). The Secretary shall ensure that the review panels include representatives of minority serving institutions and others who are knowledgeable about eligible 

institutions and technology issues. The Secretary shall ensure that no individual assigned under this subsection to 

review any application has a conflict of interest with regard 

to that application. The Secretary shall take into consideration the recommendations of the review panel in determining whether to award a grant, cooperative agreement, 

or contract to an eligible institution. 

‘‘(3) AWARDS.—

‘‘(A) LIMITATION.—An eligible institution that receives 

a grant, cooperative agreement, or contract under this subsection that exceeds $2,500,000 shall not be eligible to receive another grant, cooperative agreement, or contract 

under this subsection. 

‘‘(B) CONSORTIA.—Grants, cooperative agreements, and 

contracts may only be awarded to eligible institutions. Eligible institutions may seek funding under this subsection 

for consortia, which may include other eligible institutions, 

a State or a State educational agency, local educational 

agencies, institutions of higher education, community-based 

organizations, national nonprofit organizations, or businesses, including minority businesses. 

‘‘(C) PLANNING GRANTS.—The Secretary may provide 

funds to develop strategic plans to implement grants, cooperative agreements, or contracts awarded under this subsection. ‘‘(D) INSTITUTIONAL DIVERSITY.—In awarding grants, 

cooperative agreements, and contracts to eligible institutions, the Secretary shall ensure, to the extent practicable, 

that awards are made to all types of institutions eligible for 

assistance under this subsection. ‘‘(E) NEED.—In awarding funds under this subsection, 

the Secretary shall give priority to the eligible institution 

with the greatest demonstrated need for assistance. 

‘‘(4) AUTHORIZED ACTIVITIES.—An eligible institution may 

use a grant, cooperative agreement, or contract awarded under 

this subsection—

‘‘(A) to acquire equipment, instrumentation, networking 

capability, hardware and software, digital network technology, wireless technology, and infrastructure to further 

the objective of the program described in paragraph (1); 

‘‘(B) to develop and provide training, education, and 

professional development programs, including faculty development, to increase the use of, and usefulness of, digital 

and wireless networking technology; ‘‘(C) to provide teacher education, including the provision of preservice teacher training and in-service professional development at eligible institutions, library and 

media specialist training, and preschool and teacher aid 

certification to individuals who seek to acquire or enhance 


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technology skills in order to use digital and wireless networking technology in the classroom or instructional process, including instruction in science, mathematics, engineering, and technology subjects; ‘‘(D) to obtain capacity-building technical assistance, 

including through remote technical support, technical assistance workshops, and distance learning services; or ‘‘(E) to foster the use of digital and wireless networking 

technology to improve research and education, including 

scientific, mathematics, engineering, and technology instruction. 

‘‘(5) INFORMATION DISSEMINATION.—The Secretary shall 

convene an annual meeting of eligible institutions receiving 

grants, cooperative agreements, or contracts under this subsection to foster collaboration and capacity-building activities 

among eligible institutions. 

‘‘(6) MATCHING REQUIREMENT.—The Secretary may not 

award a grant, cooperative agreement, or contract to an eligible 

institution under this subsection unless such institution agrees 

that, with respect to the costs incurred by the institution in carrying out the program for which the grant, cooperative agreement, or contract was awarded, such institution shall make 

available, directly, or through donations from public or private 

entities, non-Federal contributions in an amount equal to 25 

percent of the grant, cooperative agreement, or contract awarded by the Secretary, or $500,000, whichever is the lesser 

amount. The Secretary shall waive the matching requirement 

for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than 

$50,000,000. 

‘‘(7) ANNUAL REPORT AND ASSESSMENTS.— ‘‘(A) ANNUAL REPORT REQUIRED FROM RECIPIENTS.—

Each eligible institution that receives a grant, cooperative 

agreement, or contract awarded under this subsection shall 

provide an annual report to the Secretary on its use of the 

grant, cooperative agreement, or contract. ‘‘(B) INDEPENDENT ASSESSMENTS.— ‘‘(i) CONTRACT TO CONDUCT ASSESSMENTS.—Not 

later than 6 months after the date of enactment of this 

subsection, the Secretary shall enter into a contract 

with the National Academy of Public Administration to 

conduct periodic assessments of the program established under paragraph (1). The assessments shall be 

conducted once every 3 years during the 10-year period 

following the date of enactment of this subsection. ‘‘(ii) EVALUATIONS AND RECOMMENDATIONS.—The 

assessments described in clause (i) shall include—

‘‘(I) an evaluation of the effectiveness of the 

program established under paragraph (1) in improving the education and training of students, 

faculty, and staff at eligible institutions that have 

been awarded grants, cooperative agreements, or 

contracts under the program; ‘‘(II) an evaluation of the effectiveness of the 

program in improving access to, and familiarity 


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with, digital and wireless networking technology 

for students, faculty, and staff at all eligible institutions; ‘‘(III) an evaluation of the procedures established under paragraph (2)(A); and ‘‘(IV) recommendations for improving the program, including recommendations concerning the 

continuing need for Federal support. 

‘‘(iii) REVIEW OF REPORTS.—In carrying out the assessments under this subparagraph, the National 

Academy of Public Administration shall review the reports submitted to the Secretary under subparagraph 

(A). ‘‘(iv) REPORT TO CONGRESS.—Upon completion of 

each assessment under this subparagraph, the Secretary shall transmit the assessment to Congress along 

with a summary of the Secretary’s plans, if any, to implement the recommendations of the National Academy 

of Public Administration. 

‘‘(8) DEFINITIONS.—In this subsection: 

‘‘(A) DIGITAL AND WIRELESS NETWORKING TECH- NOLOGY.—The term ‘digital and wireless networking technology’ means computer and communications equipment 

and software that facilitates the transmission of information in a digital format. ‘‘(B) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means an institution that is— ‘‘(i) a part B institution, as defined in section 

322(2) of the Higher Education Act of 1965 (20 U.S.C. 

1061(2)), an institution identified in subparagraph (A), 

(B), or (C) of section 326(e)(1) of such Act (20 U.S.C. 

1063b(e)(1)(A), (B), or (C)), or a consortium of institutions described in this clause; ‘‘(ii) a Hispanic-serving institution, as defined in 

section 502(a)(5) of the Higher Education Act of 1965 

(20 U.S.C. 1101a(a)(5)); 

‘‘(iii) a Tribal College or University, as defined in 

section 316(b)(3) of the Higher Education Act of 1965 

(20 U.S.C. 1059c(b)(3)); 

‘‘(iv) an Alaska Native-serving institution, as defined in section 317(b) of the Higher Education Act of 

1965 (20 U.S.C. 1059d(b)); 

‘‘(v) a Native Hawaiian-serving institution, as defined in section 317(b) of the Higher Education Act of 

1965 (20 U.S.C. 1059d(b)); 

‘‘(vi) a Predominately Black Institution, as defined 

in section 318 of the Higher Education Act of 1965 (20 

U.S.C. 1059e); 

‘‘(vii) a Native American-serving, nontribal institution, as defined in section 319 of the Higher Education 

Act of 1965 (20 U.S.C. 1059f); 

‘‘(viii) an Asian American and Native American 

Pacific Islander-serving institution, as defined in section 320 of the Higher Education Act of 1965 (20 

U.S.C. 1059g); or 


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‘‘(ix) a minority institution, as defined in section 

365 of the Higher Education Act of 1965 (20 U.S.C. 

1067k), with an enrollment of needy students, as defined in section 312(d) of the Higher Education Act of 

1965 (20 U.S.C. 1058(d)). 

‘‘(C) INSTITUTION OF HIGHER EDUCATION.—The term 

‘institution of higher education’ has the meaning given the 

term in section 101 of the Higher Education Act of 1965 (20 

U.S.C. 1001). 

‘‘(D) LOCAL EDUCATIONAL AGENCY.—The term ‘local 

educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801). 

‘‘(E) MINORITY BUSINESS.—The term ‘minority business’

includes HUBZone small business concerns (as defined in 

section 3(p) of the Small Business Act (15 U.S.C. 632(p))). 

‘‘(F) MINORITY INDIVIDUAL.—The term ‘minority individual’ means an American Indian, Alaskan Native, Black 

(not of Hispanic origin), Hispanic (including persons of 

Mexican, Puerto Rican, Cuban, and Central or South 

American origin), or Pacific Islander individual. 

‘‘(G) STATE.—The term ‘State’ has the meaning given 

the term in section 9101 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801). 

‘‘(H) STATE EDUCATIONAL AGENCY.—The term ‘State 

educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801).’’. 

SEC. 972. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary of 

Commerce to carry out section 5(c) of the Stevenson-Wydler Technology Innovation Act of 1980 such sums as may be necessary for 

each of the fiscal years 2009 through 2012. 

TITLE X—PRIVATE STUDENT LOAN 

IMPROVEMENT 

SEC. 1001. SHORT TITLE. 

This title may be cited as the ‘‘Private Student Loan Transparency and Improvement Act of 2008’’. 

SEC. 1002. REGULATIONS. 

Not later than 365 days after the date of enactment of this Act, 

the Board of Governors of the Federal Reserve System shall issue 

regulations in final form to implement paragraphs (1), (2), (3), (4), 

(6), (7), and (8) of section 128(e) and section 140(c) of the Truth in 

Lending Act, as added by this title, which regulations shall become 

effective not later than 6 months after their date of issuance. 

SEC. 1003. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as provided in subsection (b) and as 

otherwise provided in this title, this title and the amendments made 

by this title shall become effective on the date of enactment of this 

Act. 


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(b) EFFECT NOTWITHSTANDING REGULATIONS.—Paragraphs (1), 

(2), (3), (4), (6), (7), and (8) of section 128(e) and section 140(c) of 

the Truth in Lending Act, as added by this title, shall become effective on the earlier of the date on which regulations issued under section 1002 become effective or 18 months after the date of enactment 

of this Act. 

Subtitle A—Preventing Unfair and Deceptive Private Educational Lending Practices and Eliminating Conflicts of Interest 

SEC. 1011. AMENDMENT TO THE TRUTH IN LENDING ACT. 

(a) PREVENTING UNFAIR AND DECEPTIVE PRIVATE EDUCATIONAL

LENDING PRACTICES AND CONFLICTS OF INTEREST.—Chapter 2 of 

the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by 

adding at the end the following new section: 

‘‘§ 140. Preventing unfair and deceptive private educational lending practices and eliminating conflicts of interest 

‘‘(a) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘covered educational institution’—

‘‘(A) means any educational institution that offers a 

postsecondary educational degree, certificate, or program of 

study (including any institution of higher education); and 

‘‘(B) includes an agent, officer, or employee of the educational institution; 

‘‘(2) the term ‘gift’—

‘‘(A)(i) means any gratuity, favor, discount, entertainment, hospitality, loan, or other item having more than a 

de minimis monetary value, including services, transportation, lodging, or meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement 

after the expense has been incurred; and 

‘‘(ii) includes an item described in clause (i) provided 

to a family member of an officer, employee, or agent of a 

covered educational institution, or to any other individual 

based on that individual’s relationship with the officer, employee, or agent, if—

‘‘(I) the item is provided with the knowledge and 

acquiescence of the officer, employee, or agent; and 

‘‘(II) the officer, employee, or agent has reason to 

believe the item was provided because of the official position of the officer, employee, or agent; and 

‘‘(B) does not include—

‘‘(i) standard informational material related to a 

loan, default aversion, default prevention, or financial 

literacy; 

‘‘(ii) food, refreshments, training, or informational 

material furnished to an officer, employee, or agent of 

a covered educational institution, as an integral part of 

a training session or through participation in an advisory council that is designed to improve the service of 

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cational institution, if such training or participation 

contributes to the professional development of the officer, employee, or agent of the covered educational institution; 

‘‘(iii) favorable terms, conditions, and borrower 

benefits on a private education loan provided to a student employed by the covered educational institution, if 

such terms, conditions, or benefits are not provided because of the student’s employment with the covered 

educational institution; 

‘‘(iv) the provision of financial literacy counseling 

or services, including counseling or services provided in 

coordination with a covered educational institution, to 

the extent that such counseling or services are not undertaken to secure—

‘‘(I) applications for private education loans or 

private education loan volume; 

‘‘(II) applications or loan volume for any loan 

made, insured, or guaranteed under title IV of the 

Higher Education Act of 1965 (20 U.S.C. 1070 et 

seq.); or 

‘‘(III) the purchase of a product or service of a 

specific private educational lender; 

‘‘(v) philanthropic contributions to a covered educational institution from a private educational lender 

that are unrelated to private education loans and are 

not made in exchange for any advantage related to private education loans; or 

‘‘(vi) State education grants, scholarships, or financial aid funds administered by or on behalf of a State; 

‘‘(3) the term ‘institution of higher education’ has the same 

meaning as in section 102 of the Higher Education Act of 1965 

(20 U.S.C. 1002); 

‘‘(4) the term ‘postsecondary educational expenses’ means 

any of the expenses that are included as part of the cost of attendance of a student, as defined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); 

‘‘(5) the term ‘preferred lender arrangement’ has the same 

meaning as in section 151 of the Higher Education Act of 1965; 

‘‘(6) the term ‘private educational lender’ means—

‘‘(A) a financial institution, as defined in section 3 of 

the Federal Deposit Insurance Act (12 U.S.C. 1813) that solicits, makes, or extends private education loans; 

‘‘(B) a Federal credit union, as defined in section 101 

of the Federal Credit Union Act (12 U.S.C. 1752) that solicits, makes, or extends private education loans; and 

‘‘(C) any other person engaged in the business of soliciting, making, or extending private education loans; 

‘‘(7) the term ‘private education loan’—

‘‘(A) means a loan provided by a private educational 

lender that—

‘‘(i) is not made, insured, or guaranteed under of 

title IV of the Higher Education Act of 1965 (20 U.S.C. 

1070 et seq.); and 


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‘‘(ii) is issued expressly for postsecondary educational expenses to a borrower, regardless of whether 

the loan is provided through the educational institution that the subject student attends or directly to the 

borrower from the private educational lender; and 

‘‘(B) does not include an extension of credit under an 

open end consumer credit plan, a reverse mortgage transaction, a residential mortgage transaction, or any other 

loan that is secured by real property or a dwelling; and 

‘‘(8) the term ‘revenue sharing’ means an arrangement between a covered educational institution and a private educational lender under which— ‘‘(A) a private educational lender provides or issues private education loans with respect to students attending the 

covered educational institution; ‘‘(B) the covered educational institution recommends to 

students or others the private educational lender or the private education loans of the private educational lender; and ‘‘(C) the private educational lender pays a fee or provides other material benefits, including profit sharing, to 

the covered educational institution in connection with the 

private education loans provided to students attending the 

covered educational institution or a borrower acting on behalf of a student. ‘‘(b) PROHIBITION ON CERTAIN GIFTS AND ARRANGEMENTS.—A 

private educational lender may not, directly or indirectly— ‘‘(1) offer or provide any gift to a covered educational institution in exchange for any advantage or consideration provided 

to such private educational lender related to its private education loan activities; or ‘‘(2) engage in revenue sharing with a covered educational 

institution. 

‘‘(c) PROHIBITION ON CO-BRANDING.—A private educational 

lender may not use the name, emblem, mascot, or logo of the covered 

educational institution, or other words, pictures, or symbols readily 

identified with the covered educational institution, in the marketing 

of private education loans in any way that implies that the covered 

educational institution endorses the private education loans offered 

by the private educational lender. ‘‘(d) ADVISORY BOARD COMPENSATION.—Any person who is employed in the financial aid office of a covered educational institution, or who otherwise has responsibilities with respect to private 

education loans or other financial aid of the institution, and who 

serves on an advisory board, commission, or group established by 

a private educational lender or group of such lenders shall be prohibited from receiving anything of value from the private educational lender or group of lenders. Nothing in this subsection prohibits the reimbursement of reasonable expenses incurred by an employee of a covered educational institution as part of their service 

on an advisory board, commission, or group described in this subsection. ‘‘(e) PROHIBITION ON PREPAYMENT OR REPAYMENT FEES OR

PENALTY.—It shall be unlawful for any private educational lender 

to impose a fee or penalty on a borrower for early repayment or prepayment of any private education loan.’’. 


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(b) CONFORMING AMENDMENT TO TRUTH IN LENDING ACT.— Section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) is 

amended by adding at the end the following: ‘‘The term ‘creditor’ includes a private educational lender (as that term is defined in section 140) for purposes of this title.’’. (c) DISCLOSURES OF REIMBURSEMENTS FOR SERVICE ON ADVI- SORY BOARDS.— Section 485 of the Higher Education Act of 1965 (20 U.S.C. 

1092), as amended by this Act, is further amended by adding 

at the end the following: 

‘‘(m) DISCLOSURES OF REIMBURSEMENTS FOR SERVICE ON ADVI- SORY BOARDS.— ‘‘(1) DISCLOSURE.—Each institution of higher education 

participating in any program under this title shall report, on 

an annual basis, to the Secretary, any reasonable expenses paid 

or provided under section 140(d) of the Truth in Lending Act 

to any employee who is employed in the financial aid office of 

the institution, or who otherwise has responsibilities with respect to education loans or other financial aid of the institution. 

Such reports shall include— ‘‘(A) the amount for each specific instance of reasonable 

expenses paid or provided; ‘‘(B) the name of the financial aid official, other employee, or agent to whom the expenses were paid or provided; ‘‘(C) the dates of the activity for which the expenses 

were paid or provided; and ‘‘(D) a brief description of the activity for which the expenses were paid or provided. 

‘‘(2) REPORT TO CONGRESS.—The Secretary shall summarize the information received from institutions of higher education under paragraph (1) in a report and transmit such report annually to the authorizing committees.’’. 

SEC. 1012. CIVIL LIABILITY. 

(a) IN GENERAL.—Section 130 of the Truth in Lending Act (15 

U.S.C. 1640) is amended— (1) in subsection (a)— (A) in paragraph (3), by inserting ‘‘or 128(e)(7)’’ after ‘‘section 125’’; and 

(B) in the fourth sentence of the undesignated matter 

at the end—

(i) by striking ‘‘125 or’’ and inserting ‘‘125,’’; and 

(ii) by inserting ‘‘of subparagraphs (A), (B), (D), 

(F), or (J) of section 128(e)(2) (for purposes of paragraph (2) or (4) of section 128(e)), or paragraph (4)(C), 

(6), (7), or (8) of section 128(e),’’ before ‘‘or for failing’’; 

(2) in subsection (e), by inserting before the first period the 

following: ‘‘or, in the case of a violation involving a private education loan (as that term is defined in section 140(a)), 1 year 

from the date on which the first regular payment of principal 

is due under the loan’’; and 

(3) by adding at the end the following: 

‘‘(j) PRIVATE EDUCATIONAL LENDER.—A private educational 

lender (as that term is defined in section 140(a)) has no liability 

under this section for failure to comply with section 128(e)(3)).’’. 


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(b) EFFECTIVE DATE.—The amendments made by this section 

shall have the same effective date as provisions referred to in section 

1003(b). 

SEC. 1013. CLERICAL AMENDMENT. 

The table of sections for chapter 2 of title I of the Truth in 

Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the 

end the following: 

‘‘140. Preventing unfair and deceptive private educational lending practices and 

eliminating conflicts of interest.’’. 

Subtitle B—Improved Disclosures for 

Private Education Loans 

SEC. 1021. PRIVATE EDUCATION LOAN DISCLOSURES AND LIMITATIONS. 

(a) TRUTH IN LENDING ACT.—Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following: 

‘‘(e) TERMS AND DISCLOSURE WITH RESPECT TO PRIVATE EDUCATION LOANS.—

‘‘(1) DISCLOSURES REQUIRED IN PRIVATE EDUCATION LOAN

APPLICATIONS AND SOLICITATIONS.—In any application for a 

private education loan, or a solicitation for a private education 

loan without requiring an application, the private educational 

lender shall disclose to the borrower, clearly and conspicuously—

‘‘(A) the potential range of rates of interest applicable 

to the private education loan; 

‘‘(B) whether the rate of interest applicable to the private education loan is fixed or variable; 

‘‘(C) limitations on interest rate adjustments, both in 

terms of frequency and amount, or the lack thereof, if applicable; 

‘‘(D) requirements for a co-borrower, including any 

changes in the applicable interest rates without a co-borrower; 

‘‘(E) potential finance charges, late fees, penalties, and 

adjustments to principal, based on defaults or late payments of the borrower; 

‘‘(F) fees or range of fees applicable to the private education loan; 

‘‘(G) the term of the private education loan; 

‘‘(H) whether interest will accrue while the student to 

whom the private education loan relates is enrolled at a 

covered educational institution; 

‘‘(I) payment deferral options; 

‘‘(J) general eligibility criteria for the private education 

loan; 

‘‘(K) an example of the total cost of the private education loan over the life of the loan—

‘‘(i) which shall be calculated using the principal 

amount and the maximum rate of interest actually offered by the private educational lender; and 


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‘‘(ii) calculated both with and without capitalization of interest, if an option exists for postponing interest payments; 

‘‘(L) that a covered educational institution may have 

school-specific education loan benefits and terms not detailed on the disclosure form; ‘‘(M) that the borrower may qualify for Federal student 

financial assistance through a program under title IV of 

the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 

in lieu of, or in addition to, a loan from a non-Federal 

source; ‘‘(N) the interest rates available with respect to such 

Federal student financial assistance through a program 

under title IV of the Higher Education Act of 1965 (20 

U.S.C. 1070 et seq.); ‘‘(O) that, as provided in paragraph (6)— ‘‘(i) the borrower shall have the right to accept the 

terms of the loan and consummate the transaction at 

any time within 30 calendar days (or such longer period as the private educational lender may provide) following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this 

subsection for the loan; and ‘‘(ii) except for changes based on adjustments to the 

index used for a loan, the rates and terms of the loan 

may not be changed by the private educational lender 

during the period described in clause (i); 

‘‘(P) that, before a private education loan may be consummated, the borrower must obtain from the relevant institution of higher education the form required under paragraph (3), and complete, sign, and return such form to the 

private educational lender; ‘‘(Q) that the consumer may obtain additional information concerning such Federal student financial assistance 

from their institution of higher education, or at the website 

of the Department of Education; and 

‘‘(R) such other information as the Board shall prescribe, by rule, as necessary or appropriate for consumers 

to make informed borrowing decisions. 

‘‘(2) DISCLOSURES AT THE TIME OF PRIVATE EDUCATION

LOAN APPROVAL.—Contemporaneously with the approval of a 

private education loan application, and before the loan transaction is consummated, the private educational lender shall 

disclose to the borrower, clearly and conspicuously—

‘‘(A) the applicable rate of interest in effect on the date 

of approval; 

‘‘(B) whether the rate of interest applicable to the private education loan is fixed or variable; ‘‘(C) limitations on interest rate adjustments, both in 

terms of frequency and amount, or the lack thereof, if applicable; ‘‘(D) the initial approved principal amount; 

‘‘(E) applicable finance charges, late fees, penalties, and 

adjustments to principal, based on borrower defaults or 


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late payments, including limitations on the discharge of a 

private education loan in bankruptcy; 

‘‘(F) fees or range of fees applicable to the private education loan; 

‘‘(G) the maximum term under the private education 

loan program; 

‘‘(H) an estimate of the total amount for repayment, at 

both the interest rate in effect on the date of approval and 

at the maximum possible rate of interest offered by the private educational lender and applicable to the borrower, to 

the extent that such maximum rate may be determined, or 

if not, a good faith estimate thereof; 

‘‘(I) any principal and interest payments required while 

the student for whom the private education loan is intended 

is enrolled at a covered educational institution and unpaid 

interest that will accrue during such enrollment; 

‘‘(J) payment deferral options applicable to the borrower; 

‘‘(K) whether monthly payments are graduated; 

‘‘(L) that, as provided in paragraph (6)—

‘‘(i) the borrower shall have the right to accept the 

terms of the loan and consummate the transaction at 

any time within 30 calendar days (or such longer period as the private educational lender may provide) following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this 

subsection for the loan; and 

‘‘(ii) except for changes based on adjustments to the 

index used for a loan, the rates and terms of the loan 

may not be changed by the private educational lender 

during the period described in clause (i); 

‘‘(M) that the borrower—

‘‘(i) may qualify for Federal financial assistance 

through a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), in lieu of, 

or in addition to, a loan from a non-Federal source; 

and 

‘‘(ii) may obtain additional information concerning 

such assistance from their institution of higher education or the website of the Department of Education; 

‘‘(N) the interest rates available with respect to such 

Federal financial assistance through a program under title 

IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 

seq.); 

‘‘(O) the maximum monthly payment, calculated using 

the maximum rate of interest actually offered by the private 

educational lender and applicable to the borrower, to the 

extent that such maximum rate may be determined, or if 

not, a good faith estimate thereof; and 

‘‘(P) such other information as the Board shall prescribe, by rule, as necessary or appropriate for consumers 

to make informed borrowing decisions. 

‘‘(3) SELF-CERTIFICATION OF INFORMATION.—


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‘‘(A) IN GENERAL.—Before a private educational lender 

may consummate a private education loan with respect to 

a student attending an institution of higher education, the 

lender shall obtain from the applicant for the private education loan the form developed by the Secretary of Education under section 155 of the Higher Education Act of 

1965, signed by the applicant, in written or electronic form. ‘‘(B) RULE OF CONSTRUCTION.—No other provision of 

this subsection shall be construed to require a private educational lender to perform any additional duty under this 

paragraph, other than collecting the form required under 

subparagraph (A). 

‘‘(4) DISCLOSURES AT THE TIME OF PRIVATE EDUCATION

LOAN CONSUMMATION.—Contemporaneously with the consummation of a private education loan, a private educational 

lender shall make to the borrower each of the disclosures described in—

‘‘(A) paragraph (2)(A) (adjusted, as necessary, for the 

rate of interest in effect on the date of consummation, based 

on the index used for the loan); 

‘‘(B) subparagraphs (B) through (K) and (M) through 

(P) of paragraph (2); and 

‘‘(C) paragraph (7). 

‘‘(5) FORMAT OF DISCLOSURES.— ‘‘(A) MODEL FORM.—Not later than 2 years after the 

date of enactment of this subsection, the Board shall, based 

on consumer testing, and in consultation with the Secretary 

of Education, develop and issue model forms that may be 

used, at the option of the private educational lender, for the 

provision of disclosures required under this subsection. ‘‘(B) FORMAT.—Model forms developed under this paragraph shall— ‘‘(i) be comprehensible to borrowers, with a clear 

format and design; 

‘‘(ii) provide for clear and conspicuous disclosures; 

‘‘(iii) enable borrowers easily to identify material 

terms of the loan and to compare such terms among 

private education loans; and 

‘‘(iv) be succinct, and use an easily readable type 

font. 

‘‘(C) SAFE HARBOR.—Any private educational lender 

that elects to provide a model form developed under this 

subsection that accurately reflects the practices of the private educational lender shall be deemed to be in compliance with the disclosures required under this subsection. 

‘‘(6) EFFECTIVE PERIOD OF APPROVED RATE OF INTEREST

AND LOAN TERMS.—

‘‘(A) IN GENERAL.—With respect to a private education 

loan, the borrower shall have the right to accept the terms 

of the loan and consummate the transaction at any time 

within 30 calendar days (or such longer period as the private educational lender may provide) following the date on 

which the application for the private education loan is approved and the borrower receives the disclosure documents 

required under this subsection for the loan, and the rates 


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and terms of the loan may not be changed by the private 

educational lender during that period. ‘‘(B) PROHIBITION ON CHANGES.—Except for changes 

based on adjustments to the index used for a loan, the rates 

and terms of the loan may not be changed by the private 

educational lender prior to the earlier of— ‘‘(i) the date of acceptance of the terms of the loan 

and consummation of the transaction by the borrower, 

as described in subparagraph (A); or ‘‘(ii) the expiration of the period described in subparagraph (A). ‘‘(7) RIGHT TO CANCEL.—With respect to a private education 

loan, the borrower may cancel the loan, without penalty to the 

borrower, at any time within 3 business days of the date on 

which the loan is consummated, and the private educational 

lender shall disclose such right to the borrower in accordance 

with paragraph (4). ‘‘(8) PROHIBITION ON DISBURSEMENT.—No funds may be 

disbursed with respect to a private education loan until the expiration of the 3-day period described in paragraph (7). ‘‘(9) BOARD REGULATIONS.—In issuing regulations under 

this subsection, the Board shall prevent, to the extent possible, 

duplicative disclosure requirements for private educational 

lenders that are otherwise required to make disclosures under 

this title, except that in any case in which the disclosure requirements of this subsection differ or conflict with the disclosure requirements of any other provision of this title, the requirements of this subsection shall be controlling. 

‘‘(10) DEFINITIONS.—For purposes of this subsection, the 

terms ‘covered educational institution’, ‘private educational 

lender’, and ‘private education loan’ have the same meanings as 

in section 140. 

‘‘(11) DUTIES OF LENDERS PARTICIPATING IN PREFERRED

LENDER ARRANGEMENTS.—Each private educational lender that 

has a preferred lender arrangement with a covered educational 

institution shall annually, by a date determined by the Board, 

in consultation with the Secretary of Education, provide to the 

covered educational institution such information as the Board 

determines to include in the model form developed under paragraph (5) for each type of private education loan that the lender 

plans to offer to students attending the covered educational institution, or to the families of such students, for the next award 

year (as that term is defined in section 481 of the Higher Education Act of 1965).’’. (b) SELF-CERTIFICATION FORM.—Part E of title I of the Higher 

Education Act of 1965, as added by this Act, is further amended by 

inserting after section 154 the following: 

‘‘SEC. 155. SELF-CERTIFICATION FORM FOR PRIVATE EDUCATION 

LOANS. 

‘‘(a) IN GENERAL.—The Secretary, in consultation with the 

Board of Governors of the Federal Reserve System, shall develop the 

self-certification form for private education loans that shall be used 

to satisfy the requirements of section 128(e)(3) of the Truth in Lending Act. Such form shall—

‘‘(1) be developed in a standardized format; 


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‘‘(2) be made available to the applicant by the relevant institution of higher education, in written or electronic form, upon 

request of the applicant; 

‘‘(3) contain only disclosures that—

‘‘(A) the applicant may qualify for Federal student financial assistance through a program under title IV of this 

Act, or State or institutional student financial assistance, 

in place of, or in addition to, a private education loan; 

‘‘(B) the applicant is encouraged to discuss the availability of Federal, State, and institutional student financial 

assistance with financial aid officials at the applicant’s institution of higher education; 

‘‘(C) a private education loan may affect the applicant’s 

eligibility for free or low-cost Federal, State or institutional 

student financial assistance; and 

‘‘(D) the information that the applicant is required to 

provide on the form is available from officials at the financial aid office of the institution of higher education; 

‘‘(4) include a place to provide information on—

‘‘(A) the applicant’s cost of attendance at the institution 

of higher education, as determined by the institution under 

Part F of title IV; 

‘‘(B) the applicant’s expected family contribution, as determined under Part F of title IV, as applicable, for students who have completed the free application for Federal 

student aid; 

‘‘(C) the applicant’s estimated financial assistance, as 

determined by the institution, in accordance with title IV, 

as applicable; 

‘‘(D) the difference between the amounts under subparagraphs (A) and (C), as applicable; and 

‘‘(E) the sum of the amounts under subparagraphs (B) 

and (D), as applicable; and 

‘‘(5) include a place for the applicant’s signature, in written 

or electronic form. 

‘‘(b) LIMIT ON LIABILITY.—Nothing in this section shall be construed to create a private right of action against an institution of 

higher education with respect to the form developed under subsection (a).’’. 

SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE 

EDUCATION LOANS. 

Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) 

is amended by inserting ‘‘and other than private education loans (as 

that term is defined in section 140(a))’’ after ‘‘consumer’’. 

Subtitle C—College Affordability 

SEC. 1031. COMMUNITY REINVESTMENT ACT CREDIT FOR LOW-COST 

LOANS. 

(a) IN GENERAL.—Section 804 of the Community Reinvestment 

Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the 

following new subsection: ‘‘(d) LOW-COST EDUCATION LOANS.—In assessing and taking 

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tion, the appropriate Federal financial supervisory agency shall consider, as a factor, low-cost education loans provided by the financial 

institution to low-income borrowers.’’. (b) REGULATIONS REQUIRED.—Not later than 1 year after the 

date of enactment of this Act, each appropriate Federal financial supervisory agency shall issue rules in final form to implement section 

804(d) of the Community Reinvestment Act of 1977, as added by 

this section. 

Subtitle D—Financial Literacy; Studies 

and Reports 

SEC. 1041. DEFINITIONS. 

As used in this subtitle— (1) the terms ‘‘covered educational institution’’, ‘‘private 

educational lender’’, and ‘‘private education loan’’ have the 

same meanings as in section 140 of the Truth in Lending Act, 

as added by this Act; 

(2) the term ‘‘historically Black colleges and universities’’ means a ‘‘part B institution’’, within the meaning of section 322 

of the Higher Education Act of 1965 (20 U.S.C. 1061); and 

(3) the term ‘‘land-grant colleges and universities’’ has the 

same meaning as in section 1404 of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103). 

SEC. 1042. COORDINATED EDUCATION EFFORTS. 

(a) IN GENERAL.—The Secretary of the Treasury (in this section 

referred to as the ‘‘Secretary’’), in coordination with the Secretary of 

Education, the Secretary of Agriculture (with respect to land-grant 

colleges and universities), and any other appropriate agency that is 

a member of the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement 

Act (20 U.S.C. 9701 et seq.), shall seek to enhance financial literacy 

among students at covered educational institutions through— (1) the development of initiatives, programs, and curricula 

that improve student awareness of the short- and long-term 

costs associated with education loans and other debt assumed 

while in college, their repayment obligations, and their rights 

as borrowers; and 

(2) assisting such students in navigating the financial aid 

process. 

(b) DUTIES.—For purposes of this section, the Secretary, working in conjunction with the Secretary of Education, the Secretary of 

Agriculture, and the Financial Literacy and Education Commission, 

shall— (1) identify programs that promote or enhance financial literacy for college students, with specific emphasis on programs 

that impart the knowledge and ability for students to best navigate the financial aid process, including those that involve partnerships between nonprofit organizations, colleges and universities, State and local governments, and student organizations; 

(2) evaluate the effectiveness of such programs in terms of 

measured results, including positive behavioral change among 

college students; 


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(3) promote the programs identified as being the most effective; and 

(4) encourage covered educational institutions to implement 

financial education programs for their students, including those 

that have the highest evaluations. 

(c) REPORT.—

(1) IN GENERAL.—Not later than 2 years after the date of 

enactment of this Act, the Financial Literacy and Education 

Commission shall submit a report to the Committee on Banking, Housing, and Urban Affairs and the Committee on Health 

Education, Labor, and Pensions of the Senate and the Committee on Financial Services and the Committee on Education 

and Labor of the House of Representatives on the state of financial education among students at covered educational institutions. 

(2) CONTENT.—The report required by this subsection shall 

include a description of progress made in enhancing financial 

education with respect to student understanding of financial 

aid, including the programs and evaluations required by this 

section. 

(3) APPEARANCE BEFORE CONGRESS.—The Secretary shall, 

upon request, provide testimony before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives 

concerning the report required by this subsection. 

TITLE XI—STUDIES AND REPORTS 

SEC. 1101. STUDY ON FOREIGN GRADUATE MEDICAL SCHOOLS. 

(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States 

shall—

(1) complete a study that examines the performance of students from the United States receiving Federal student financial aid to attend graduate medical schools located outside of 

the United States; 

(2) provide data and make recommendations to the National Committee on Foreign Medical Education and Accreditation in a timely manner so as to assist the Secretary of Education in the Department of Education’s review required under 

section 102 of the Higher Education Act of 1965 (20 U.S.C. 

1002); and 

(3) submit to the authorizing committees a report setting 

forth the conclusions of the study. 

(b) CONTENTS.—The study conducted under this section shall 

include the following: 

(1) The amount of Federal student financial aid dollars 

that are spent on graduate medical schools located outside of 

the United States every year, and the percentage of overall student aid such amount represents. 

(2) The percentage of students of such medical schools who 

pass the examination sponsored by the Federation of State Medical Boards of the United States, Inc., and the National Board 

of Medical Examiners the first time. 


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(3) The percentage of students of such medical schools who 

pass the United States medical licensing examination after taking such examinations multiple times, disaggregated by the 

number of times the students had to take the examinations to 

pass. 

(4) The percentage of recent graduates of such medical 

schools practicing medicine in the United States, and a description of where the students are practicing and what types of 

medicine the students are practicing. 

(5) The rate of graduates of such medical schools who lose 

malpractice lawsuits or have the graduates’ medical licenses revoked, as compared to graduates of graduate medical schools 

located in the United States. 

(6) Recommendations regarding the percentage passing rate 

of the United States medical licensing examination that the 

United States should require of graduate medical schools located outside of the United States for Federal student financial 

aid purposes. 

SEC. 1102. EMPLOYMENT OF POSTSECONDARY EDUCATION GRADUATES. 

(a) STUDY, ASSESSMENTS, AND RECOMMENDATIONS.—The 

Comptroller General of the United States shall— (1) conduct a study of— (A) the information that States have on the employment of students who have completed postsecondary education programs; 

(B) the feasibility of collecting information on students 

who complete all types of postsecondary education programs (including two- and four-year degree, certificate, professional, and graduate programs) at all types of institutions of higher education (including public, private nonprofit, and for-profit schools), regarding— (i) employment, including— (I) the type of job obtained not later than six 

months after the completion of the degree, certificate, or program; 

(II) whether such job was related to the course 

of study; 

(III) the starting salary for such job; and 

(IV) the student’s satisfaction with the student’s preparation for such job and guidance provided with respect to securing the job; and 

(ii) for recipients of Federal student aid, the type 

of assistance received, so that the information can be 

used to evaluate various education programs; 

(C) the evaluation systems used by other industries to 

identify successful programs and challenges, set priorities, 

monitor performance, and make improvements; 

(D) the best means of collecting information from or regarding recent postsecondary graduates, including—

(i) whether a national website would be the most 

effective way to collect information; 

(ii) whether postsecondary education graduates 

could be encouraged to voluntarily submit information 

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tion about other graduates (such as graduates from the 

graduate’s school, with the graduate’s degree, or in the 

graduate’s area) if the graduate completes an online 

questionnaire; 

(iii) whether employers could be encouraged to submit information by allowing an employer to access aggregated information about graduates (such as institutions of higher education attended, degrees, or starting 

pay) if the employer completes an online questionnaire 

to evaluate the employer’s satisfaction with the graduates the employer hires; and 

(iv) whether postsecondary institutions that receive 

Federal funds or whose students have received Federal 

student financial aid could be required to submit aggregated information about the graduates of the institutions; and 

(E) the best means of displaying employment information; and 

(2) provide assessments and recommendations regarding— (A) whether successful State cooperative relationships 

between higher education system offices and State agencies 

responsible for employment statistics can be encouraged 

and replicated in other States; 

(B) whether there is value in collecting additional information from, or about, the employment experience of individuals who have recently completed a postsecondary 

educational program; 

(C) the most promising ways of obtaining and displaying or disseminating such information; 

(D) if a website is used for such information, whether 

the website should be run by a governmental agency or contracted out to an independent education or employment organization; 

(E) whether a voluntary information system would 

work, both from the graduates’ and employers’ perspectives; 

(F) the value of such information to future students, institutions, accrediting agencies or associations, policymakers, and employers, including how the information 

would be used and the practical applications of the information; 

(G) whether the request for such information is duplicative of information that is already being collected; and 

(H) whether the National Postsecondary Student Aid 

Survey conducted by the National Center for Education 

Statistics could be amended to collect such information. 

(b) REPORTS.—

(1) PRELIMINARY REPORT.—Not later than one year after the 

date of enactment of this Act, the Comptroller General of the 

United States shall submit to the authorizing committees a preliminary report regarding the study, assessments, and recommendations described in subsection (a). 

(2) FINAL REPORT.—Not later than two years after the date 

of enactment of this Act, the Comptroller General of the United 

States shall submit to the authorizing committees a final report 

regarding such study, assessments, and recommendations. 


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SEC. 1103. STUDY ON IPEDS. 

The Comptroller General of the United States shall—

(1) conduct a study on the time and cost burdens to institutions of higher education associated with completing the Integrated Postsecondary Education Data System (referred to in 

this section as the ‘‘IPEDS’’) survey, which shall—

(A) report on the time and cost burden of completing 

the IPEDS survey for four-year, two-year, and less than 

two-year institutions of higher education; 

(B) present recommendations for reducing such burden; 

and 

(C) report on the feasibility of collecting additional 

data from institutions for use in IPEDS, including information on the percentage of enrolled undergraduate students who graduate within two years (in the case of twoyear institutions), and four, five, and six years (in the case 

of two- and four-year institutions), disaggregated by race 

and ethnic background and by income categories; 

(2) not later than one year after the date of enactment of 

this Act, submit to the authorizing committees a preliminary report regarding the findings of the study described in paragraph 

(1); and 

(3) not later than two years after the date of enactment of 

this Act, submit to the authorizing committees a final report regarding such findings. 

SEC. 1104. REPORT AND STUDY ON ARTICULATION AGREEMENTS. 

(a) STUDY REQUIRED.—The Secretary of Education shall conduct a study to review the articulation agreements at State-supported college and university systems, including junior or community colleges, as well as those at other institutions of higher education. Such study shall consider—

(1) the extent to which States and institutions have developed and implemented articulation agreements; 

(2) with respect to the articulation agreements developed—

(A) the number and types of institutions participating 

in articulation agreements; 

(B) the cost-savings to the participating institutions 

and to the students; 

(C) what strategies are being employed, including common course numbering, general education core curriculum, 

and management systems; 

(D) the effective use of technologies to contain costs, 

maintain quality of instruction, and inform students; and 

(E) a description of the students to whom the articulation agreements are offered and, to the extent practicable, 

a description of the students who take advantage of the articulation agreements; 

(3) best practices and innovative strategies employed to implement effective articulation agreements; and 

(4) barriers to the implementation of articulation agreements, including technological and informational barriers. 

(b) REPORT.—The Secretary of Education shall submit to the 

authorizing committees an interim report on the study required by 

subsection (a) not later than two years after the date of enactment 


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of this Act and a final report on such study not later than January 

1, 2013. 

SEC. 1105. REPORT ON PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION. 

(a) IN GENERAL.—Not later than two years after the date of enactment of this Act, the Comptroller General of the United States 

shall conduct an analysis of proprietary institutions of higher education subject to section 487(a)(24) of the Higher Education Act of 

1965 (20 U.S.C. 1094(a)(24)) and shall submit to the authorizing 

committees a report that provides the results of the analysis. 

(b) CONTENTS OF REPORT.—The report shall provide—

(1) the number of institutions subject to section 487(a)(24) 

of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(24)); 

(2) the number and percentage of such institutions each 

year that do not comply with such section; 

(3) the number of such institutions that are in compliance 

with such section at the time of submission of the report; and 

(4) in the case of institutions that are in compliance with 

such section at the time of submission of the report, information 

on the extent to which such institutions’ revenue is derived from 

funds provided under title IV of the Higher Education Act of 

1965 (20 U.S.C. 1070 et seq.), including information on the 

number of such institutions that derive not less than 85 percent 

of their revenues from funds provided under such title. 

SEC. 1106. ANALYSIS OF FEDERAL REGULATIONS ON INSTITUTIONS OF 

HIGHER EDUCATION. 

The Secretary of Education shall enter into an agreement with 

the National Research Council of the National Academy of Sciences 

for the conduct of a study to ascertain the amount and scope of all 

Federal regulations and reporting requirements with which institutions of higher education must comply. The study shall be completed 

not later than two years after the date of enactment of this Act, and 

shall include information describing—

(1) by agency, the number of Federal regulations and reporting requirements affecting institutions of higher education; 

(2) by agency, the estimated time required and costs to institutions of higher education (disaggregated by types of institutions) to comply with the regulations and reporting requirements described in paragraph (1); and 

(3) by agency, recommendations for consolidating, streamlining, and eliminating redundant and burdensome Federal 

regulations and reporting requirements affecting institutions of 

higher education. 

SEC. 1107. INDEPENDENT EVALUATION OF DISTANCE EDUCATION 

PROGRAMS. 

(a) INDEPENDENT EVALUATION.—The Secretary of Education 

shall enter into an agreement with the National Research Council 

of the National Academy of Sciences to conduct a statistically valid 

evaluation of the quality of distance education programs, as compared to campus-based education programs, at institutions of higher education. Such evaluation shall include—

(1) identification of the elements by which the quality of 

distance education can be assessed, which may include elements 

such as subject matter, interactivity, and student outcomes; 


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(2) identification of distance education program success, 

with respect to student achievement, in relation to the mission 

of the institution of higher education; 

(3) identification of the benefits and limitations of distance 

education programs and campus-based programs for different 

students (including classification of types of students by age 

category) by assessing access, job placement rates, graduation 

rates, and other factors related to persistence, completion, and 

cost; and 

(4) identification and analysis of factors that may make direct comparisons of distance education programs and campusbased education programs difficult. 

(b) SCOPE.—The National Research Council shall select for participation in the evaluation under subsection (a) a diverse group of 

institutions of higher education with respect to size, mission, and 

geographic distribution. 

(c) INTERIM AND FINAL REPORTS.—The contract under subsection (a) shall require that the National Research Council submit 

to the authorizing committees—

(1) an interim report regarding the evaluation under subsection (a) not later than June 30, 2009; and 

(2) a final report regarding such evaluation not later than 

June 30, 2010. 

SEC. 1108. REVIEW OF COSTS AND BENEFITS OF ENVIRONMENTAL, 

HEALTH, AND SAFETY STANDARDS. 

(a) REVIEW OF STANDARDS.—The Secretary of Education shall 

enter into an agreement with the National Research Council of the 

National Academy of Sciences to conduct a national study that—

(1) reviews, analyzes, and compares existing standards in 

environmental, health, and safety areas, for the regulation of—

(A) industrial research and development facilities; and 

(B) research and teaching laboratories and facilities at 

institutions of higher education; and 

(2) based upon the review in paragraph (1), develops recommended frameworks for alternative regulatory standards, if 

any, for research and teaching laboratories and facilities at institutions of higher education that—

(A) maintain the overall level of protection of the environment, and of the health and safety of those using such 

laboratories and facilities; 

(B) reflect the need to ensure consistent application of 

Federal laws; and 

(C) take into account the educational and research activities of institutions of higher education. 

(b) REPORT.—The National Research Council shall report to 

Congress regarding the recommended frameworks for alternative 

regulatory standards developed under subsection (a). Such report 

shall contain recommendations for statutory or regulatory changes 

needed to implement the different standards described in subsection 

(a), and the projected costs and benefits resulting from the adoption 

of such standards. 

SEC. 1109. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT. 

(a) STUDY REQUIRED.—The Secretary of Education shall carry 

out the following: 


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(1) Commission and ensure the conduct of a national study 

of underrepresented minority males (particularly African American, Hispanic American, Native American, Native Hawaiian, 

and Alaska Native males) completing high school, and entering 

and graduating from colleges and universities in accordance 

with the following: 

(A) The data comprising the study shall focus primarily on African American, Hispanic American, Native 

American, Native Hawaiian, and Alaska Native males and 

shall utilize existing data sources. 

(B) The study shall focus on high school completion 

and preparation for college, success on the SAT and ACT, 

and minority male access to college, including the financing of college, and college persistence and graduation. 

(C) The implementation of the study shall be in four 

stages based on the recommendations of the Commissioner 

for Education Statistics. 

(2) Make specific recommendations to the authorizing committees and States on new approaches to increase—

(A) the number of minority males successfully preparing themselves for college study; 

(B) the number of minority males graduating from 

high school and entering college; and 

(C) the number of minority males graduating from college and entering careers in which they are underrepresented. 

(b) SUBMISSION OF THE REPORT.—Not later than four years 

after the date of enactment of this Act, the Secretary of Education 

shall submit a report on the study required by subsection (a)(1), together with the recommendations required by subsection (a)(2), to 

the authorizing committees. 

SEC. 1110. STUDY ON BIAS IN STANDARDIZED TESTS. 

(a) STUDY.—The Secretary of Education shall enter into an 

agreement with the Board on Testing and Assessment of the National Academy of Sciences for the conduct of a study to identify any 

race, ethnicity, or gender bias in the content and construction of 

standardized tests that are used for admission to institutions of 

higher education. 

(b) REPORT.—Not later than two years after the date of enactment of this Act, the Secretary of Education shall issue an interim 

report to the authorizing committees related to the progress of the 

study under subsection (a). 

SEC. 1111. ENDOWMENT REPORT. 

(a) ANALYSIS OF ENDOWMENTS.—The Comptroller General of 

the United States shall conduct a study on the amounts, uses, and 

public purposes of the endowments of institutions of higher education. The study shall include information (disaggregated by types 

of institutions) describing—

(1) the average and range of—

(A) the outstanding balance of such endowments; and 

(B) the growth of such endowments over the last 20 

years; 

(2) the amount and percentage of endowment assets distributed on an annual basis for spending on education; 


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(3) the amount and percentage of endowment assets distributed on an annual basis for financial aid or for the purpose of 

reducing the costs of tuition, fees, textbooks, and room and 

board; and 

(4) the extent to which the funds in such endowments are 

restricted, and the restrictions placed upon such funds. 

(b) SUBMISSION OF REPORT.—The Comptroller General of the 

United States shall submit a report on the study required by subsection (a) to the authorizing committees not later than 18 months 

after the date of enactment of this Act. 

SEC. 1112. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION. 

(a) STUDY REQUIRED.—The Secretary of Education, in consultation with the Secretary of Labor and the Attorney General, shall—

(1) conduct a longitudinal study to assess the effects of correctional postsecondary education that—

(A) employs rigorous empirical methods that control for 

self-selection bias; 

(B) measures a range of outcomes, including those related to employment and earnings, recidivism, engaged citizenship, impact on families of the incarcerated, and impact 

on the culture of the correctional institution; 

(C) examines different delivery systems of postsecondary education, such as on-site and distance learning; 

and 

(D) includes a projected cost-benefit analysis of the 

Federal investment in terms of reduction of future offending, reduction of future prison costs (construction and operational), increased tax payments by formerly incarcerated 

individuals, a reduction of welfare and other social service 

costs for successful formerly incarcerated individuals, and 

increased costs from the employment of formerly incarcerated individuals; and 

(2) make specific recommendations to the authorizing committees and the relevant State agencies responsible for correctional education, such as the State superintendents of education 

and State secretaries of corrections, on best approaches to increase correctional education and its effectiveness. 

(b) SUBMISSION OF REPORTS.—Not later than three years after 

the date of enactment of this Act, the Secretary of Education shall 

submit an interim report on the progress of the study required by 

subsection (a)(1) to the authorizing committees. Not later than seven 

years after the date of enactment of this Act, the Secretary of Education shall submit a final report, together with the recommendations required by subsection (a)(2), to the authorizing committees. 

SEC. 1113. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS. 

(a) STUDY REQUIRED.—The Secretary shall conduct a study on 

making and expanding the student aid available under title IV of 

the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) to lessthan-half-time students. The Secretary shall submit a report on the 

results of such study, including the Secretary’s recommendations, to 

the authorizing committees not later than one year after the date of 

enactment of this Act. 

(b) SUBJECTS FOR STUDY.—The study required by this section 

shall, at a minimum, examine the following: 


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(1) The existing sources of Federal aid for less-than-halftime students seeking a college degree or certificate. 

(2) The demand for Federal aid for less-than-half-time students and whether the demand is satisfied by existing sources 

of Federal aid, taking into consideration not only the number 

of less-than-half-time students currently seeking a college degree 

or certificate, but also any increase in the number of less-thanhalf-time students that may result from an expansion of Federal aid for less-than-half-time students seeking a college degree 

or certificate. 

(3) The potential costs to the Federal Government and the 

potential benefits that could be received by students resulting 

from expanding Federal aid for less-than-half-time students 

seeking a college degree or certificate. 

(4) The barriers to expanding Federal aid for less-thanhalf-time students, including identifying—

(A) statutory and regulatory barriers, such as student 

eligibility, institutional eligibility, needs analysis, program 

integrity, and award amounts; and 

(B) other factors that may limit participation in an expanded Federal aid program for less-than-half-time students. 

(c) RECOMMENDATIONS TO BE PROVIDED.—The Secretary’s recommendations under this section shall include recommendations for 

designing a demonstration student loan program tailored to lessthan-half-time students. The recommendations shall include any required statutory or regulatory modifications, as well as proposed accountability mechanisms to protect students, institutions, and the 

Federal investment in higher education. 

(d) DEFINITIONS.—In this section—

(1) the term ‘‘Secretary’’ means the Secretary of Education; 

and 

(2) the term ‘‘less-than-half-time student’’ means a student 

who is carrying less than one-half the normal full-time work 

load for the course of study that the student is pursuing, as determined by the institution such student is attending. 

SEC. 1114. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS 

FORMULA. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study to review the methodology that is used to determine 

the expected family contribution under part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). 

(b) STUDY COMPONENTS.—The study conducted under subsection (a) shall identify and evaluate the needs analysis formula 

under part F of title IV of the Higher Education Act of 1965 (20 

U.S.C. 1087kk et seq.) and examine the need for regional sensitivity 

in need analysis. The study shall include—

(1) the factors that are used to determine a student’s expected family contribution under part F of title IV of the Higher 

Education Act of 1965; 

(2) the varying allowances that are made in calculating the 

expected family contribution; 

(3) the effects of the income protection allowance on all aid 

recipients; and 


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(4) options for modifying the income protection allowance to 

reflect the significant differences in the cost of living in various 

parts of the United States. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall 

report to the authorizing committees on the results of the study conducted under this section. 

SEC. 1115. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC 

SERVICE. 

(a) STUDY.—The Secretary of Education, in consultation with 

the Office of Management and Budget, is authorized to coordinate 

with an organization with expertise in the field of public service, 

such as the National Academy of Public Administrators or the 

American Society for Public Administration, to coordinate with interested parties to conduct a study of how student loan debt levels 

impact the decisions of graduates of postsecondary and graduate 

education programs to enter into public service careers. Such study 

shall include—

(1) an assessment of the challenges to recruiting and retaining well-qualified public servants, including the impact of student loan debt; 

(2) an evaluation of existing Federal programs to recruit 

and retain well-qualified public servants; 

(3) an evaluation of whether additional Federal programs 

could increase the number of graduates of postsecondary and 

graduate education programs who enter careers in public service; and 

(4) recommendations for programs that could encourage 

new graduates of postsecondary and graduate education programs to enter public service careers. 

(b) REPORT.—Not later than one year after the date of enactment of this Act, the Secretary of Education, in consultation with 

the Office of Management and Budget, shall submit to the authorizing committees a report related to the findings of the study conducted under subsection (a). 

SEC. 1116. STUDY ON TEACHING STUDENTS WITH READING DISABILITIES. 

(a) INDEPENDENT EVALUATION.—The Secretary of Education 

shall enter into an agreement with the Center for Education of the 

National Academies for a scientifically-based study of the quality of 

teacher education programs—

(1) to determine if teachers are adequately prepared to meet 

the needs of students with reading and language processing disabilities, including dyslexia; and 

(2) to determine the extent to which teacher education programs are based on the essential components of reading instruction and scientifically valid research. 

(b) COMPONENTS.—The study conducted under subsection (a) 

shall be designed to provide statistically reliable information on—

(1) the number, type of courses, and credit hours required 

to meet the requirements of reading degree programs of teacher 

education programs; and 

(2) the extent to which the content of the reading degree 

programs are based on—


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(A) the essential components of reading instruction and 

scientifically valid research, including phonemic awareness, phonics, fluency, vocabulary, and comprehension; and 

(B) early intervention strategies based on scientific evidence concerning challenges to the development of language 

processing capacity, including dyslexia, and the extent to 

which such strategies are effective in preventing reading 

failure before it occurs. 

(c) SCOPE.—The Director of the Center for Education of the National Academy of Sciences shall select for participation in the study 

under subsection (a) a diverse group of institutions of higher education with respect to size, mission, and geographic distribution. 

(d) INTERIM AND FINAL REPORTS.—The Director of the Center 

for Education of the National Academy of Sciences shall submit to 

the authorizing committees and the Secretary of Education—

(1) an interim report regarding the study under subsection 

(a) not later than one year after the date the Center for Education of the National Academies enters into an agreement with 

the Secretary of Education under this section; and 

(2) a final report summarizing the findings, conclusions, 

and recommendations of such study not later than two years 

after the date the Center for Education of the National Academies enters into such agreement. 

(e) TASK FORCE.—

(1) ESTABLISHMENT.—Upon submission of the final report 

under subsection (d)(2), the Secretary of Education shall establish a task force to make policy recommendations to the Secretary regarding the findings of the report. 

(2) MEMBERSHIP.—The membership of the task force established under paragraph (1) shall include chief State school officers, State reading consultants, master teachers, national reading experts, and researchers with expertise in relevant fields. 

(3) PUBLIC HEARINGS.—The task force established under 

paragraph (1) shall hold public hearings to provide an opportunity for public comment on the recommendations made under 

paragraph (1). 

SEC. 1117. REPORT ON INCOME CONTINGENT REPAYMENT THROUGH 

THE INCOME TAX WITHHOLDING SYSTEM. 

(a) REPORT.—Not later than one year after the date of enactment of this Act, the Secretary of Education and the Secretary of the 

Treasury shall conduct a study to determine the feasibility and benefits of developing a system through which a borrower who is repaying a loan through the income contingent repayment plan or the income-based repayment program may make payments on the loan 

using the income tax withholding system (referred to in this section 

as ‘‘direct IDEA loans’’). The goal of this program would be to—

(1) streamline the repayment process and provide greater 

flexibility for borrowers electing to use the direct IDEA loan; 

(2) reduce the number of loan defaults by borrowers; and 

(3) reduce the redundancy in reporting information pertaining to income contingent repayment and income-based repayment to the Department of Education, institutions, and applicants. 


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(b) EVALUATIONS.—In conducting the study under subsection 

(a), the Secretary of Education and the Secretary of the Treasury 

shall evaluate— (1) the feasibility of implementing direct IDEA loans by the 

Department of Education and the Department of the Treasury; 

(2) any advantages or disadvantages of direct IDEA loans 

on borrowers and taxpayers; 

(3) the program structure necessary to administer direct 

IDEA loans; and 

(4) whether the repayment programs that implement income contingent and income-based repayment collected through 

revenue services, such as programs in England, Australia, and 

New Zealand, could be effective in collecting loan payments 

under the income contingent and income-based repayment options in the United States. 

(c) RECOMMENDATIONS.—Not later than one year after the date 

of enactment of this Act, the Secretary of Education and the Secretary of the Treasury shall provide a report on the study conducted 

under subsection (a) to Congress. The report shall include recommendations based on the factors examined in subsection (b) for 

implementing direct IDEA loans, including the necessary statutory 

changes needed to implement such repayment option. 

SEC. 1118. DEVELOPING ADDITIONAL MEASURES OF DEGREE COMPLETION. 

(a) IN GENERAL.—The Secretary of Education, in coordination 

with the Commissioner for Education Statistics and after consultation with representatives from diverse institutions of higher education, students, experts in the field of higher education policy, State 

higher education officials, and other stakeholders in the higher education community, shall issue a report with recommendations to 

Congress about alternatives ways to measure and report degree or 

program completion rates for institutions of higher education receiving funds under title IV of the Higher Education Act of 1965 (20 

U.S.C. 1070 et seq.). 

(b) MEASURES TO TAKE INTO CONSIDERATION.—The alternative 

measures described in subsection (a) shall consider— (1) the number of degrees awarded and the increase in 

number of degrees awarded disaggregated by race, ethnicity, 

gender, and income for all students who have earned a degree; 

and 

(2) the increase in degrees awarded in high-need fields such 

as science, technology, engineering, mathematics, education, 

and nursing. 

SEC. 1119. STUDY ON THE FINANCIAL AND COMPLIANCE AUDITS OF 

THE FEDERAL STUDENT LOAN PROGRAM. 

(a) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Comptroller General of the United States 

shall complete a study to examine all the financial and compliance 

audits and reviews required or conducted as part of the proper management of the Federal student loan programs under parts B and 

D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 

et seq. and 1087a et seq.), whether each such audit or review is required under a law or is otherwise performed in order to evaluate 

a program. 

(b) CONTENT OF STUDY.—


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(1) COMPARISON OF AUDITS AND REVIEWS UNDER PARTS B

AND D OF TITLE IV.—As part of the study under subsection (a), 

the Comptroller General of the United States shall compare the 

audits and reviews of programs under parts B and D of title 

IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. 

and 1087a et seq.) for purposes of—

(A) determining whether such audits and reviews are 

comparable among programs; 

(B) determining whether such audits and reviews result in a level of protection of borrower interests and of 

Federal fiscal interests that is comparable for each program; and 

(C) determining the extent to which the Department of 

Education ensures timely submission of required financial 

and compliance audits and reviews and compliance with 

statutory and regulatory requirements. 

(2) ADDITIONAL CONTENT OF STUDY.—The study under subsection (a) shall—

(A) provide a list of the financial and compliance audits and reviews required or conducted as part of the proper management of the Federal student loan programs under 

parts B and D of title IV of the Higher Education Act of 

1965 (20 U.S.C. 1071 et seq. and 1087a et seq.); 

(B) determine the frequency of each audit and review; 

(C) provide a list of the entities and activities that are 

the subject of each audit and review, including institutions 

of higher education, servicers, secondary markets, guaranty 

agencies, the Department of Education and the contractors 

of the Department of Education, and any other entities that 

are required to participate in the audit or review; 

(D) determine the degree of individual borrower level 

reconciliation required under Federal student loan programs under such parts B and D of title IV; 

(E) make recommendations with respect to such audits 

and reviews to ensure—

(i) such audits and reviews are comparable among 

Federal student loan programs under such parts B and 

D of title IV; and 

(ii) a level of protection of borrower interests and 

of Federal fiscal interests that is comparable for Federal student loan programs under such parts B and D 

of title IV, to the extent such comparability does not 

exist; and 

(F) assess the extent to which the Department of Education makes appropriate use of such financial and compliance audits and reviews in the Department’s administration and oversight of the Federal student loan programs 

under such parts B and D of title IV. 

SEC. 1120. SUMMIT ON SUSTAINABILITY. 

Not later than September 30, 2010, the Secretary of Education, 

in consultation with the Administrator of the Environmental Protection Agency, shall convene a summit of higher education experts 

working in the area of sustainable operations and programs, representatives from agencies of the Federal Government, and business 


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and industry leaders to focus on efforts of national distinction 

that— (1) encourage faculty, staff, and students at institutions of 

higher education to establish administrative and academic sustainability programs on campus; 

(2) enhance research by faculty and students at institutions 

of higher education in sustainability practices and innovations 

that assist and improve sustainability; 

(3) encourage institutions of higher education to work with 

community partners from the business, government, and nonprofit sectors to design and implement sustainability programs 

for application in the community and workplace; 

(4) identify opportunities for partnerships involving institutions of higher education and the Federal Government to expand sustainable operations and academic programs focused on 

environmental and economic sustainability; and 

(5) charge the summit participants or steering committee to 

submit a set of recommendations for addressing sustainability 

through institutions of higher education. 

SEC. 1121. NURSING SCHOOL CAPACITY. 

(a) FINDINGS.—Congress finds the following: 

(1) Researchers in the field of public health have identified 

the need for a national study to identify constraints encountered 

by schools of nursing in graduating the number of nurses sufficient to meet the health care needs of the United States. 

(2) The shortage of qualified registered nurses has adversely affected the health care system of the United States. 

(3) Individual States have had varying degrees of success 

with programs designed to increase the recruitment and retention of nurses. 

(4) Schools of nursing have been unable to provide a sufficient number of qualified graduates to meet the workforce 

needs. 

(5) Many nurses are approaching the age of retirement, and 

the problem worsens each year. 

(6) In 2004, an estimated 125,000 applications from qualified applicants were rejected by schools of nursing, due to a 

shortage of faculty and a lack of capacity for additional students. 

(b) STUDY WITH RESPECT TO CONSTRAINTS WITH RESPECT TO

SCHOOLS OF NURSING.—

(1) IN GENERAL.—The Secretary shall enter into an agreement with the Institute of Medicine of the National Academy of 

Sciences to conduct a study for the purpose of—

(A) identifying constraints encountered by schools of 

nursing in admitting and graduating the number of registered nurses necessary to ensure patient safety and meet 

the need for quality assurance in the provision of health 

care; and 

(B) developing recommendations to alleviate the constraints on a short-term and long-term basis. 

(2) CERTAIN COMPONENTS.—The Secretary shall ensure that 

the agreement under paragraph (1) provides that the study 

under such paragraph will include information on the following: 


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(A) The trends in applications for attendance at schools 

of nursing that are relevant to the purpose of the study, including trends regarding applicants who are accepted for 

enrollment and applicants who are not accepted, particularly qualified applicants who are not accepted. 

(B) The number and demographic characteristics of 

entry-level and graduate students currently enrolled in 

schools of nursing, the retention rates at the schools, and 

the number of recent graduates from the schools, as compared to previous years and to the projected need for registered nurses based on two-year, five-year, and ten-year 

projections. 

(C) The number and demographic characteristics of 

nurses who pursue graduate education in nursing and nonnursing programs but do not pursue faculty positions in 

schools of nursing, the reasons for not pursuing faculty positions, including any regulatory barriers to choosing to 

pursue such positions, and the effect of such decisions on 

the ability of the schools to obtain adequate numbers of faculty members. 

(D) The extent to which—

(i) entry-level graduates of the schools of nursing 

are satisfied with their educational preparation, including their participation in nurse externships, internships, and residency programs; and 

(ii) such entry-level graduates are able to effectively 

transition into the nursing workforce. 

(E) The satisfaction of nurse managers and administrators with respect to the preparation and performance levels of entry-level graduates from the schools after one year, 

three years, and five years of practice, respectively. 

(F) The extent to which the current salary, benefit 

structures, and characteristics of the workplace, including 

the number of nurses who are presently serving in faculty 

positions, influence the career path of nurses who have pursued graduate education. 

(G) The extent to which the use of innovative technologies for didactic and clinical nursing education might 

provide for an increase in the ability of schools of nursing 

to train qualified nurses. 

(3) RECOMMENDATIONS.—The Institute of Medicine may include in the recommendations developed under paragraph 

(1)(B) recommendations for legislative or administrative 

changes at the Federal or State level, and measures that can be 

taken in the private sector—

(A) to facilitate the recruitment of students into the 

nursing profession; 

(B) to facilitate the retention of nurses in the workplace; and 

(C) to improve the resources and ability of the education and health care systems to prepare a sufficient number of qualified registered nurses. 

(4) METHODOLOGY OF STUDY.—


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(A) SCOPE.—The Secretary shall ensure that the agreement under paragraph (1) provides that the study under 

such paragraph will consider the perspectives of— (i) nurses and physicians in each of the various 

types of inpatient, outpatient, and residential facilities 

in the health care delivery system; 

(ii) faculty and administrators of schools of nursing; 

(iii) providers of health plans or health insurance; 

and 

(iv) consumers. 

(B) CONSULTATION WITH RELEVANT ORGANIZATION.— The Secretary shall ensure that the agreement under paragraph (1) provides that relevant agencies and organizations 

with expertise on the nursing shortage will be consulted 

with respect to the study under such paragraph, including 

the following: 

(i) The Agency for Healthcare Research and Quality. 

(ii) The American Academy of Nursing. 

(iii) The American Association of Colleges of Nursing. 

(iv) The American Nurses Association. 

(v) The American Organization of Nurse Executives. 

(vi) The National Institute of Nursing Research. 

(vii) The National League for Nursing. 

(viii) The National Organization for Associate Degree Nursing. 

(ix) The National Student Nurses Association. 

(5) REPORT.—The Secretary shall ensure that the agreement under paragraph (1) provides that, not later than 18 

months after the date of enactment of this section, the Institute 

of Medicine shall submit a report providing the findings and 

recommendations made in the study under this section to the 

Secretary and the authorizing committees. 

(6) OTHER ORGANIZATION.—If the Institute of Medicine declines to conduct the study under paragraph (1), the Secretary 

may enter into an agreement with another appropriate private 

entity to conduct the study. 

(c) DEFINITIONS.—In this section: 

(1) TERMS IN PUBLIC HEALTH SERVICE ACT.—The terms ‘‘collegiate school of nursing’’, ‘‘associate degree school of nursing’’, 

and ‘‘diploma school of nursing’’ have the meanings given to 

such terms in section 801 of the Public Health Service Act (42 

U.S.C. 296). 

(2) SCHOOL OF NURSING.—The term ‘‘school of nursing’’

means a collegiate school of nursing, an associate degree school 

of nursing, or a diploma school of nursing in a State. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

SEC. 1122. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION. 

(a) DEFINITIONS.—In this section: 

(1) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The 

term ‘‘historically Black college or university’’ has the meaning 


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given the term ‘‘part B institution’’ in section 322 of the Higher 

Education Act of 1965 (20 U.S.C. 1061). 

(2) TRUTH IN LENDING ACT.—The terms ‘‘covered educational institution’’ and ‘‘private education loan’’ have the 

meanings given the terms in section 140 of the Truth in Lending Act, as added by title X. 

(b) STUDY.—The Comptroller General of the United States shall 

conduct a study— (1) on the impact on and benefits to borrowers of the inclusion of nonindividual factors, including cohort default rate, accreditation, and graduation rate at institutions of higher education, used in the underwriting criteria to determine the pricing of private education loans; 

(2) to examine whether and to what extent the inclusion of 

such nonindividual factors— (A) increases access to private education loans for borrowers who lack credit history or results in less favorable 

rates for such borrowers; and 

(B) affects the types of private education loan products 

and rates available at certain institutions of higher education, including a comparison of such impact— (i) on private and public institutions; and 

(ii) on historically Black colleges and universities 

and institutions of higher education; and 

(3) to assess the extent to which the use of such nonindividual factors in underwriting may have a disparate impact on 

the pricing of private education loans, based on gender, race, 

income level, and covered educational institution. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall 

submit a report to the Committee on Banking, Housing, and Urban 

Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Financial Services of the 

House of Representatives on the results of the study required by this 

section. 

SEC. 1123. FEASIBILITY STUDY FOR STUDENT LOAN CLEARINGHOUSE. 

(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States 

shall conduct a study of the feasibility of developing a national student loan clearinghouse on the website of the Department of Education that would provide for one or more of the following: 

(1) A registry of real-time information on Federal student 

loans (including loans under parts B and D of title IV of the 

Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 

1087a et seq.) and private education loans (as defined in section 

140 of the Truth in Lending Act)), for both undergraduate and 

graduate students, and parents of students, for use by prospective borrowers or any person desiring information regarding 

available interest rates, fees, and other terms from lenders. 

(2) A mechanism whereby prospective borrowers could be 

matched with lenders that offer highly competitive products and 

loan servicing quality, including any procedures and safeguards necessary to minimize potentially adverse effects of multiple inquiries into participating borrowers’ credit histories recorded by consumer reporting agencies. 


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(3) Options concerning the establishment and ongoing 

maintenance of such a system, including whether such a system 

should be operated by one or more entities, and methods to finance such a system at no or minimal cost to consumers and 

the Government. 

(4) Other features that could help prospective borrowers 

make informed decisions in selecting lenders from whom to obtain Federal and private education loans. 

(b) CONSULTATION.—In conducting the study under subsection 

(a), the Comptroller General of the United States shall consult 

with— (1) the Secretary of Education; 

(2) the Federal Trade Commission; 

(3) representatives of student loan borrowers; 

(4) representatives from institutions of higher education, including financial aid administrators, registrars, business officers, and student affairs officials; 

(5) Federal and private educational lenders (as defined in 

section 140 of the Truth in Lending Act), loan servicers, and 

guaranty agencies; and 

(6) other appropriate entities with relevant experience. 

(c) REPORT.—Not later than two years after the date of enactment of this Act, the Comptroller General of the United States shall 

submit to the authorizing committees a report on the study conducted under subsection (a). 

SEC. 1124. STUDY ON DEPARTMENT OF EDUCATION OVERSIGHT OF INCENTIVE COMPENSATION BAN. 

(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States 

shall— (1) conduct a study of efforts by the Secretary of Education 

to enforce the provisions of section 487(a)(20) of the Higher 

Education Act of 1965 (20 U.S.C. 1094(a)(20)); and 

(2) submit to the authorizing committees a report that provides the results of such study. 

(b) CONTENT OF REPORT.—The report submitted under subsection (a) shall include—

(1) an analysis of the nature, extent, and effectiveness of the 

Secretary of Education’s activities to enforce the provisions of 

section 487(a)(20) of the Higher Education Act of 1965 (20 

U.S.C. 1094(a)(20)); 

(2) the number of institutions of higher education for which 

investigations were initiated by the Secretary for potential violations of such section since 1998; 

(3) in cases where violations of such section by institutions 

of higher education were substantiated by the Secretary—

(A) the names of such institutions; 

(B) the nature of the violations; and 

(C) the penalty, if any, imposed by the Secretary for 

such violations; 

(4) an analysis of the impact of the ‘‘safe harbor’’ regulations under section 668.14(b)(22)(ii)(A) through (L) of title 34, 

Code of Federal Regulations, promulgated under such section 

487(a)(20), on the number and nature of cases examined by the 

Secretary for potential violations of such section 487(a)(20), inVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00443 Fmt 6659 Sfmt 6603 E:\HR\OC\HR803.XXX HR803

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cluding whether the number of cases examined by the Secretary 

has increased or decreased since such regulations went into effect; 

(5) information on the extent to which the Secretary has 

considered efforts by States to examine unethical or unlawful 

student recruitment or admissions practices by institutions of 

higher education, including practices that violate the provisions 

of such section 487(a)(20); and 

(6) information on the extent to which the Secretary reviews 

publicly-available documents, such as filings to the Securities 

and Exchange Commission, to monitor the compliance of institutions of higher education with the provisions of such section 

487(a)(20). 

SEC. 1125. DEFINITION OF AUTHORIZING COMMITTEES. 

For purposes of this title, the term ‘‘authorizing committees’’ has 

the meaning given such term in section 103 of the Higher Education 

Act of 1965, as amended by this Act. 

And the Senate agreed to the same. 

GEORGE MILLER, 

RUBE ́ N HINOJOSA, 

JOHN F. TIERNEY, 

DAVID WU, 

TIMOTHY BISHOP, 

JASON ALTMIRE, 

JOHN YARMUTH, 

JOE COURTNEY, 

ROBERT E. ANDREWS, 

BOBBY SCOTT, 

SUSAN A. DAVIS, 

DANNY K. DAVIS, 

MAZIE K. HIRONO, 

BART GORDON, 

BRIAN BAIRD, 

JOHN CONYERS, Jr., 

MAXINE WATERS, 

BUCK MCKEON, 

RIC KELLER, 

THOMAS PETRI, 

CATHY MCMORRIS RODGERS, 

MIKE CASTLE, 

MARK SOUDER, 

VERNON J. EHLERS, 

JUDY BIGGERT, 

LOUIE GOHMERT, 

Managers on the Part of the House. 

TED KENNEDY, 

CHRISTOPHER DODD, 

TOM HARKIN, BARBARA A. MIKULSKI, JEFF BINGAMAN, PATTY MURRAY, JACK REED, 

HILLARY RODHAM CLINTON, 

BARACK OBAMA, 


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BERNARD SANDERS, SHERROD BROWN, MICHAEL B. ENZI, JUDD GREGG, RICHARD BURR, LISA MURKOWSKI, ORRIN G. HATCH, PAT ROBERTS, WAYNE ALLARD, Managers on the Part of the Senate. 


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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the Senate to the bill (H.R. 4137), submit the following joint statement to the House and the Senate in explanation 

of the effect of the action agreed upon by the managers and recommended in the accompanying conference report: 

Section 1. Short title; table of contents 

The Senate amendment and the House bill have different short 

Titles for the Act. The Senate amendment titles the Act the ‘‘Higher Education Amendments of 2007.’’ The House bill titles the Act 

the ‘‘College Opportunity and Affordability Act of 2007.’’ The Senate amendment lists ‘‘references’’ and ‘‘general effective date’’ as 

separate Sections in the table of contents. The House bill combines 

‘‘references’’ and ‘‘general effective date’’ in one Section. 

The Senate recedes with an amendment to title the conference 

report the ‘‘Higher Education Opportunity Act.’’

Section 2. References 

The Senate amendment and the House bill provide that references are to the Higher Education Act of 1965 (HEA) unless otherwise expressly provided. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 3. General effective date 

The Senate amendment and the House bill provide that the 

amendments in this Act are effective on the date of enactment, unless otherwise specified. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

TITLE I—GENERAL PROVISIONS 

Section 101. General definition of institution of higher education 

The House bill amends the definition of an institution of higher 

education to explicitly include homeschooled students meeting the 

requirements of Section 484(d)(3). 

The Senate amendment and the House bill modify the definition of an institution of higher education to include an additional 

type of educational degree. The Senate amendment and the House 

bill allow public or nonprofit private institutions of higher education to enroll students who are dually or concurrently enrolled in 

the institution and a secondary school as regular students. 

The Senate recedes. 


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Section 102. Definition of institution of higher education for purposes of Title IV programs 

The Senate amendment and the House bill retain the provision 

requiring proprietary institutions of higher education to receive at 

least ten percent of their revenues from non-Title IV sources. The 

requirement is moved from the section in Title I that defines institutions of higher education to the section in Title IV that contains 

program participation agreement requirements. The Senate amendment and the House bill allow proprietary institutions and postsecondary vocational institutions to admit students who are dually or 

concurrently enrolled in the institution and a secondary school as 

regular students. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House with an additional provision to allow for proprietary institutions to offer bachelor’s degrees in liberal arts. In 

adding this provision, the Conferees do not intend to affect the eligibility of current programs or alter the method used by the Secretary in determining ‘‘recognized occupations’’ as required by 

102(b)(1)(A)(i). The Conferees intend for the Secretary to continue 

to refer to the latest edition of the Dictionary of Occupational Titles 

published by the Department of Labor’s Bureau of Labor Statistics 

in making this determination. Additionally, the Conferees understand that some programs offered by an institution may fit both 

the definitions in (A)(i) and (ii). The Conferees do not intend the 

terms ‘‘gainful employment in a recognized occupation’’ and ‘‘liberal 

arts’’ to be mutually exclusive. 

The House bill adds nursing schools to the types of institutions 

of higher education located outside the United States that may be 

for-profit (proprietary) institutions of higher education and authorized to certify unsubsidized Stafford Loans and PLUS Loans to eligible students. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment clarifies that graduate medical schools 

located outside of the United States which, under current law, are 

eligible to participate in Title IV, Part B loan programs because 

they have a clinical training program that was approved by a state 

as of January 1, 1992, must have continuously operated a state approved clinical training program in not less than one state that has 

approved the program. 

The House bill clarifies that graduate medical schools located 

outside of the United States which, under current law, are eligible 

to participate in Title IV, Part B because they have a clinical training program that was approved by a state as of January 1, 1992, 

must continue to operate a state approved clinical training program 

in not less than one state that has approved the program. 

The Senate recedes. 

The House bill adds a specific set of criteria that nursing 

schools located outside of the United States are required to meet 

in order to qualify to certify unsubsidized Stafford Loans and PLUS 

Loans for their students. Such nursing schools must have agreements with hospitals or nursing schools located in the United 

States that include provisions for students to complete their clinical 

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imburse the Secretary for the costs of any loan defaults to the extent that the institution’s cohort default rate exceeds five percent. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to specify that to be 

eligible, nursing schools located outside of the United States must 

have agreements with hospitals or accredited schools of nursing located in the United States that require the nursing students to 

complete training and receive a degree from the partner accredited 

institution of higher education and to permit the eligible nursing 

schools to certify subsidized Stafford loans in addition to unsubsidized Stafford and PLUS loans. Also, such international nursing 

schools must agree to reimburse the Secretary for the cost of any 

loan defaults for students included in the school’s cohort default 

rate the previous year. In addition, at least seventy-five percent of 

the students or graduates from such nursing schools must receive 

a passing score on the National Council Licensure Exam for Registered Nurses in the year prior to the year the school is eligible 

to certify Part B loans. 

The House bill adds a third set of criteria that graduate medical schools located outside of the United States can meet in order 

to be eligible to offer unsubsidized Stafford Loans and PLUS Loans 

to their students. The House bill permits such eligibility for graduate medical schools outside the United States that have a clinical 

training program that was approved by the U.S. state prior to January 1, 2008, and agree to reimburse the Secretary for the costs of 

any loan defaults included in the institution’s cohort default rate 

during the previous fiscal year. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require the advisory panel of medical experts to submit a report to the Secretary 

and the authorizing committees within one year after date of enactment of this Act that will provide recommendations for alternate 

eligibility criteria for participation in the loan programs by foreign 

medical schools that do not meet the current statutory criteria. 180 

days after the submission of the report, the Secretary may issue 

proposed regulations that would establish alternate criteria for the 

eligibility of graduate medical schools located outside of the United 

States. The Secretary may issue final regulations no earlier than 

one year after the issuance of the proposed regulations. 

The Senate amendment increases the pass rate percentage required for foreign medical schools to be eligible to certify student 

loan eligibility from sixty percent to seventy-five percent effective 

July 1, 2010. 

The House bill contains no similar provision. 

The House recedes. 

Section 103. Additional definitions 

The Senate amendment and the House bill include a definition 

of ‘‘authorizing committees.’’

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill contain definitions 

of ‘‘critical foreign language’’ that reference an August 2, 1985 Federal Register notice. The House definition includes ‘‘Except as othVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00449 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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erwise provided’’ at the beginning of the definition. The House bill 

authorizes the Secretary of Education to update the list of critical 

languages. 

The Senate recedes. 

The House bill adds a definition for a ‘‘high-need school.’’

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to move the definition 

to Title II and modify the definition. 

The House bill includes a definition for ‘‘universal design.’’

The Senate amendment contains no similar definition. 

The Senate recedes with an amendment adopting the definition of the term as found in Section 3 of the Assistive Technology 

Act of 1998. 

The House bill includes a definition for ‘‘universal design for 

learning.’’

The Senate amendment contains no similar definition. 

The Senate recedes with an amendment to define ‘‘universal 

design for learning’’ as follows: A scientifically valid framework for 

guiding educational practice that provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; and, reduces barriers in instruction, provides appropriate 

accommodations, supports, and challenges, and maintains high 

achievement expectations for all students, including students with 

disabilities and students who are limited English proficient. 

Section 104. Protection of student speech and association rights 

The Senate amendment expands on the current sense of Congress on the protection of student speech and association rights in 

several ways, including by specifying that the diversity of institutions of higher education and educational missions is a strength of 

higher education in the United States; institutions of higher education have different missions and should design their academic 

programs in accordance with their educational goals; colleges 

should facilitate the free and open exchange of ideas; students 

should not be intimidated, harassed, discouraged from speaking 

out, or discriminated against; and students should be treated 

equally and fairly. The Senate amendment modifies current law to 

require that any sanctions on students be imposed ‘‘objectively and 

fairly.’’

The House bill contains no similar provisions. 

The House recedes. 

Section 105. Treatment of territories and territorial student assistance 

The House bill changes the Title of Section 113. The House bill 

deletes Subsection (b), which expired September 30, 2004. That 

provision addressed the eligibility of institutions of higher education in the Freely Associated States for TRIO programs. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 


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Section 106. National Advisory Committee on Institutional Quality 

and Integrity 

The Senate amendment replaces the existing National Advisory Committee on Institutional Quality and Integrity (NACIQI) 

and establishes a new Committee with a new name—the Accreditation and Institutional Quality and Integrity Committee. The Senate 

amendment provides that the Committee is established ‘‘to assess 

the process of accreditation and the institutional eligibility and certification’’ of institutions of higher education. 

The House bill contains the same provision except it does not 

rename the Committee. 

The Senate recedes. 

The Senate amendment specifies that NACIQI will have fifteen 

Committee members with five members appointed by the Secretary, five members appointed by the Speaker of the House (based 

on recommendations from the Majority and Minority Leaders in 

the House), and five members appointed by the President pro tempore of the Senate (based on recommendations from the Majority 

and Minority Leaders in the Senate). 

The House bill specifies that the NACIQI will have eighteen 

members with six members appointed by the Secretary, six members appointed by the Speaker of the House (three members based 

on recommendations from the House Majority Leader and three 

members based on recommendations from the House Minority 

Leader) and six members appointed by the President pro tempore 

of the Senate (three members based on recommendations from the 

Majority Leader in the Senate and three members based on recommendations from the Minority Leader in the Senate). 

The Senate recedes. 

The Senate amendment and the House bill establish qualifications for NACIQI members. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill establish six year 

terms and a process for filling vacancies for NACIQI members. The 

Senate amendment and the House bill require vacancies to be filled 

in the same manner as the original appointment and not later than 

ninety days after the vacancy occurs. If the vacancy occurs in a position to be filled by the Secretary, the Secretary must post a notice 

in the Federal Register not later than thirty days after the vacancy. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment creates initial terms for members, 

staggering the expiration of the terms of appointment. Members 

appointed by the Secretary will serve two-year terms. 

The House bill creates initial terms for members, staggering 

the expiration of the terms of appointment. Members appointed by 

the Secretary will serve three year terms. 

The Senate recedes. 

The Senate amendment and the House bill establish the process for selecting a chairperson. The Senate amendment and the 

House bill retain all of the current functions of NACIQI, except for 


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developing standards and criteria for specific categories of institutions of higher education for which no accrediting agency exists. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The House bill adds the requirement that the NACIQI take 

into consideration complaints, and the resolution of such complaints by the Accreditation Ombudsman, when advising the Secretary about accrediting agencies of associations. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill retain the requirement that the NACIQI meet at least twice a year and that the Secretary publish the date of each meeting in the Federal Register. 

The Chairperson is required to establish the agenda, which must 

include an opportunity for public comment, and provide it to 

NACIQI members upon notification of the meeting. The Senate 

amendment and the House bill drop the requirement that the 

meeting date and agenda be approved by the Secretary. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment requires that the Secretary’s designee 

be invited to all meetings. The designee may facilitate the flow of 

information between the NACIQI and the Secretary, but has no authority over the agenda. 

The House bill contains no similar provision. 

The House recedes with an amendment to strike the language 

clarifying that the designee may facilitate the flow of information 

between NACIQI and the Secretary, but has no authority over the 

agenda. 

The Conferees recognize that the Federal Advisory Committee 

Act requires that the Secretary appoint a designated federal official 

to be present at meetings of NACIQI. 

The Senate amendment and the House bill require the provisions of the Federal Advisory Committee Act, except Section 14, 

apply to the NACIQI. Section 14 addresses the termination, renewal, and continuation of federal advisory Committees. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill prohibits the NACIQI from basing a recommendation for the denial of an application for recognition by an 

accrediting agency on any reason other than those included in Section 496. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill require the Secretary to publish a notice in the Federal Register that contains information about NACIQI members, and to solicit nominations for 

NACIQI positions to be filled by the Secretary. The Senate amendment and the House bill require the NACIQI to provide an annual 

report to the Secretary that includes a detailed summary of the activities of the NACIQI, general information about the meetings, a 

list of NACIQI members and their contact information, and a list 

of NACIQI functions. Both the Senate amendment and the House 

bill sunset the NACIQI on September 30, 2012. 


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The Conferees adopt the provisions as proposed by both the 

Senate and the House with an amendment to remove the contact 

information for NACIQI members from the information to be provided in the annual report and to change the termination date of 

NACIQI to September 30, 2014. 

The Senate amendment terminates the current NACIQI thirty 

days after enactment. 

The House bill contains no similar provision. 

The House recedes with an amendment to end the terms of 

current NACIQI members on the date of enactment of this Act. 

The House bill establishes the new committee on January 1, 

2009. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 107. Drug and alcohol abuse prevention 

The Senate amendment and the House bill require an institution of higher education, in its biennial review, to determine the 

number of drug and alcohol-related incidents and fatalities that 

have occurred on the institution’s property or as part of the institution’s activities and that are reported to that institution of higher 

education. 

The Senate and the House recede with an amendment to replace ‘‘incidents’’ with ‘‘violations,’’ amend the language to require 

that violations be reported to ‘‘campus officials’’ (as opposed to institutions), and replace ‘‘property’’ with ‘‘campus.’’ By requiring institutions to report drug and alcohol-related violations and fatalities, the Conferees intend to ensure that the information reported by institutions of higher education cover incidents 

that are located on the campus of the institution of higher education (as that term is defined by the Clery Act) and that are reported to officials at the institution of higher education. Officials 

shall include campus security and school administrators, and may 

include other employees at the institution of higher education if 

they are required to report or enforce institutional policies. 

The House bill extends the authorization of appropriations for 

such sums as necessary for the Alcohol and Drug Abuse prevention 

grants to fiscal year 2009 and the five succeeding fiscal years. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill eliminates the National Recognition Awards. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 108. Prior rights and obligations 

The Senate amendment changes the authorization period to 

fiscal year 2008 and each succeeding fiscal year. The House bill 

changes the authorization period to fiscal year 2009 and each succeeding fiscal year. 

The Senate recedes. 

Section 109. Diploma mills 

The House bill included, in title VIII, provisions that defined 

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crediting agencies and associations, eligible institutions, and credible foreign-degree granting institutions, required the Secretary of 

Education to develop a diploma mill task force and required the 

task force to submit a report to Congress on a plan to prevent diploma mills from being created. 

The Senate amendment had no such provisions. 

The Senate recedes with an amendment to move the definition 

of a diploma mill to Title I, require the Secretary to maintain information and resources on the Department’s website to assist students and families in understanding what a diploma mill is and 

how to avoid a diploma mill and strike the other provisions. 

Section 110. Improved information concerning the federal student financial aid website 

The Senate amendment and the House bill require the Secretary to ensure that the homepage of the U.S. Department of Education’s website includes a link to student financial aid information. The House bill further specifies that the link is to the federal 

student financial aid website at the Department of Education. 

The Senate recedes. 

The House bill authorizes the Secretary to use administrative 

funds for operations and expenses to promote the availability of the 

federal student financial aid website. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment requires the Secretary no later than 

180 days after the date of enactment of this Act to contract with 

an independent organization with expertise in the development of 

consumer-friendly websites to develop improvements to the usefulness and accessibility of information provided by the Department 

of Education on college financial planning and student financial aid 

on its website. 

The House bill contains no similar provision. 

The Senate recedes. 

The Senate amendment requires the Secretary, not later than 

one year after the date of enactment of the Act, to implement the 

improvements to the college financial planning and student financial aid website developed by the contractor. The Senate amendment requires the Secretary to publicize the availability of information on the college financial planning and student financial aid 

website. 

The House bill contains no similar provisions. 

The House recedes with an amendment to remove the deadline 

and the references to the outside contractor, to specify that the Secretary shall continue to improve the usefulness and accessibility of 

information provided by the Department and to require that the access to additional sources of information be coordinated through 

the Department’s database. 

The House bill requires the Secretary to publish information 

on the federal student financial aid website about student financial 

assistance available from other federal departments and agencies. 

The House bill requires each federal department and agency to respond promptly to requests from the Secretary for information 

about student financial aid programs available through the departVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00454 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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ment or agency. The House bill defines ‘‘non-departmental student 

financial assistance program.’’ The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to require the Secretary to request information from other departments and agencies 

and to make such information easily accessible and searchable 

through the federal student financial aid website and to include 

links or other appropriate access to a national database on student 

financial assistance for the study of science, technology, engineering and math, and to information about all federal and state student financial assistance available to eligible members and veterans of the Armed Forces and their families. To identify the information useful for military members and veterans, the Secretary is 

required to coordinate with the Secretary of Defense and the Secretary of Veterans Affairs. 

The House bill establishes ‘‘maintenance of effort’’ (MOE) requirements that, after July 1, 2008, states must meet to receive 

funding under the House-proposed ‘‘Grants for Access and Persistence’’ (GAP) program, which replaces the existing Special 

Leveraging Educational Assistance Partnership program. If a state 

does not meet the MOE requirements, the Secretary shall withhold 

funds that would be available to the state for the GAP program 

until the state has made significant efforts to meet those requirements. The House bill requires the Secretary to conduct a study of 

cost containment methods used by institutions of higher education, 

to disseminate information from the study, to publicly recognize institutions of higher education doing an effective job of cost containment, and to work with institutions of higher education to implement cost containment methods. 

The Senate amendment contains no similar provisions. 

The House recedes. 

Section 111. Transparency in college tuition for consumers 

The Senate amendment and the House bill set forth how ‘‘net 

price’’ is to be calculated under the transparency in college tuition 

section. The Senate definition focuses on tuition and fees ‘‘paid by’’

a full-time undergraduate student, while the House definition focuses on tuition and fees ‘‘actually charged’’ to a full-time undergraduate student. 

The Senate and the House recede with an amendment to define ‘‘net price’’ as the average yearly price actually charged to a 

full-time, first-time undergraduate student receiving student aid, 

calculated by subtracting average grant aid from federal, state and 

institutional sources from the cost of attendance and to add a definition of cost of attendance for this section that means the average 

annual cost of tuition and fees, room and board, books and supplies, and transportation for first time, full-time degree or certificate seeking undergraduate students enrolled at an institution, as 

such data are currently reported by institutions to the Secretary 

and made available on the College Navigator website. 

The Conferees recognize that a number of colleges and universities offer programs that reduce or eliminate student debt or otherwise significantly reduce the cost of college for students and that 

such programs shall be considered grant aid from institutional 


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sources for the purposes of calculating net price under this Section. 

The Conferees also recognize that some public two-year institutions 

calculate tuition and fees for residents of the community college 

district using an in-district tuition and fee schedule. The Conferees 

intend for in-district tuition and fee rates to be used in calculating 

the net price, tuition and fees and cost of attendance for those community colleges in the same manner as in-state tuition and fees 

and in-state students are used in calculating the net price, tuition 

and fees and cost of attendance for four-year public institutions. 

The Senate amendment and the House bill require the development of education price indices that reflect the annual change in 

tuition and fees for undergraduate students by institutional category and for all institutions of higher education overall. 

The Senate and the House recede. 

The Senate amendment and the House bill require the Secretary to report annually information on institutional tuition and 

fees. The House bill specifically requires that this information be 

made available on the College Navigator website. 

The Senate recedes. 

The Senate amendment requires the Secretary to develop and 

make publicly available a national list and a list for each state, referred to as ‘‘Higher Education Price Increase Watch Lists.’’ The 

lists rank each institution of higher education that has an increase 

in tuition and fees in excess of the percentage increase in its applicable higher education price index based on the change in the tuition and fees over the preceding two years. The House bill requires 

the Secretary to publish three annual lists to be created at the national level by institutional category: the five percent of institutions 

of higher education with the highest tuition and fees; the five percent of institutions of higher education with the lowest tuition and 

fees; and the five percent of institutions of higher education with 

the highest percentage increase in tuition and fees over the most 

recent three-year period. 

The Senate and the House recede with an amendment to require the Secretary to publish six lists, by institutional category: 

the five percent of institutions of higher education that have the 

highest tuition and fees for the most recent year; the five percent 

of institutions of higher education that have the highest net price 

for the most recent year; the five percent of institutions of higher 

education that have the largest percentage increase in tuition and 

fees over the most recent three years; the five percent of institutions of higher education that have the largest percentage increase 

in net price over the most recent three years; the ten percent of institutions of higher education that have the lowest tuition and fees 

for the most recent year; and the ten percent of institutions of 

higher education that have the lowest net price for the most recent 

year. 

The Conferees recognize that many institutions of higher education have developed innovative tuition practices to restrain costs 

and increase the predictability of college expenses for students and 

parents. The Conferees commend the use of these innovative approaches, including the use of guaranteed tuition plans, and do not 

intend to subject institutions that use them to a reporting standard 

that portrays the cost of attendance in an inaccurate or misleading 


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way. Therefore, in calculating the affordability and transparency 

lists in subsections (b)(3) and (b)(4) of Section 132, the Conferees 

direct the Secretary to develop a method for accurately representing the percentage change in tuition and fees and net price 

for students at institutions offering guaranteed tuition plans. However, the Conferees do not intend to otherwise change the applicability of these subsections to such institutions, or exempt such institutions from the requirements of subsection (d), where applicable. 

For reporting purposes, the Senate amendment requires reporting by nine institutional categories. The House bill requires use 

of the nine institutional categories in the Senate amendment and 

an additional category that includes institutions of higher education overall. 

The House recedes. 

The House bill requires any institution of higher education 

that is in the five percent of institutions of higher education by sector, based on the percentage increase in tuition and fees over a 

three year period, to provide the Secretary with a description of the 

factors contributing to the increase in tuition and fees. These institutions of higher education are also required to establish a quality 

efficiency task force to review their operations, analyze their operating costs in comparison with costs at other institutions of higher 

education in the same category, identify and evaluate areas for cost 

reduction, develop annual benchmarks for costs reduction in the 

identified areas, and submit a report to the Secretary. If an institution of higher education fails to meet the benchmarks, it must also 

provide the Secretary a detailed explanation for why the benchmarks were not met. The House bill requires the Secretary to compile the information submitted by institutions of higher education, 

submit an annual report to the authorizing Committees, and publish the annual report on the College Navigator website. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to require institutions 

of higher education that appear on either or both lists of institutions of higher education with the greatest percentage increases in 

net price or in tuition and fees to submit to the Secretary a description of the major areas in the institution’s budget with the greatest 

cost increases, an explanation of cost increases, and a description 

of the steps the institution of higher education will take to reduce 

costs in those major areas. If the cost increases were not in the exclusive control of the institution of higher education, the institution 

must include a description of the other entities that participate in 

the determination. Institutions of higher education that are required to submit such report and that appear on the same list for 

two consecutive years are required to submit a follow-up report describing the progress on the steps identified in the report submitted 

in the previous year. 

The House bill exempts from the cost increase list and the reporting requirements those institutions of higher education whose 

tuition and fees are in the lowest quartile for institutions of higher 

education in their sector, and institutions of higher education 

whose total dollar increase in tuition and fees was less than $500 

over the three year period. 


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The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to provide one exemption for institutions of higher education whose total dollar increase 

in tuition and fees or in net price was less than $600 over the three 

year period and, beginning in 2014 and every three years thereafter, to increase such dollar amount based on increases in the consumer price index. 

The Senate amendment and the House bill require the Secretary to report annually on state higher education appropriations. 

The House bill specifically requires the Secretary to publish this information on the College Navigator website. The Senate amendment requires the Secretary to report on the percentage change in 

the state appropriations per enrolled student in a public institution 

of higher education compared with the percentage change in tuition 

and fees for each public institution of higher education for each of 

the previous five years, and the total amount of grant aid provided 

by the state to students attending an institution of higher education in the state. The House bill requires a similar comparison 

but bases it on full-time equivalent (FTE) students. 

The Senate and the House recede with an amendment to base 

the five year percentage change in state spending and in tuition 

and fees on FTE students at public institutions of higher education 

in the state and to require one comparison chart for all public institutions of higher education in the state, rather than for each school 

separately. The Secretary is also required to report the percentage 

change in need-based and merit-based aid provided by each state 

to full-time students. 

The Senate amendment and the House bill require the Secretary, in consultation with institutions of higher education, to develop a net price calculator. The Senate amendment permits institutions of higher education to use a net price calculator developed 

by the Secretary or to develop their own. The House bill requires 

institutions of higher education to use the single net price calculator developed by the Secretary. Both the Senate and the House 

require institutions of higher education to adopt and use a net 

price calculator not later than three years after the date of enactment of the Act. 

The House recedes with an amendment to permit institutions 

of higher education to use their own calculator as long as it includes at least the same data elements as the one developed by the 

Secretary. A net price estimate must be accompanied by a disclaimer explaining that such estimate does not represent a final determination or actual award of financial assistance; shall not be 

binding on the Secretary, the institution of higher education, or the 

state; and that the estimate may change. Students must complete 

the Free Application for Federal Student Aid (FAFSA) in order to 

be eligible for, and receive, an actual financial aid award, which 

may include Federal grants, loans, or work-study assistance under 

Title IV. 

The Senate amendment and the House bill include new requirements related to data collected from institutions of higher 

education. The Senate amendment requires the Secretary to develop a model document, known as the University and College Accountability Network (U–CAN), that institutions of higher eduVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00458 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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cation can use voluntarily to report basic information about the institution of higher education that would then be posted on the appropriate Department of Education website. The House bill would 

require the Secretary to post the data elements on the College Navigator website. 

The Senate recedes. 

The data elements required to be reported by institutions of 

higher education in the Senate amendment and the House bill are 

similar. The House bill requires institutions to report information 

on: the number of undergraduate students who have registered 

with the relevant institutional office as students with disabilities; 

graduation rates by income category; the number of full-time, parttime, and adjunct faculty, and the number of graduate teaching 

and research assistants with instructional responsibilities; average 

annual grant data by income category; and the institution’s cohort 

default rate. 

The Senate recedes with an amendment to require institutions 

of higher education to report: the percentage of undergraduate students who have formally registered as students with disabilities, 

unless the percentage is below three percent, in which case the institution may report ‘‘three percent or less’’; percentage of firsttime, full-time students who receive degrees or certificates within 

the normal time for completion, and within 150 percent and 200 

percent of the normal time; the number of full-time and part-time 

faculty and graduate teaching assistants with primarily instructional responsibilities; the average annual grant amount for a firsttime, full-time undergraduate student who receives financial aid 

and is enrolled at the institution of higher education; and the institution’s cohort default rate. The Secretary is required to provide, 

on each institution’s College Navigator webpage, a link to the appropriate section of the Bureau of Labor Statistics website that provides regional data on starting salaries in all major occupations. 

The Senate amendment requires data to be published for the 

preceding five academic years, while the House bill requires data 

to be published for the preceding three academic years. The Senate 

amendment requires net price data for one year, while the House 

bill requires data for the three preceding academic years. 

The Senate recedes. 

The Senate amendment requires the Secretary to consult with 

current and prospective college students and their families and institutions of higher education in making improvements to the College Navigator website. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment includes an authorization of appropriations for carrying out this subsection. 

The House bill contains no similar provision. 

The Senate recedes. 

The Conferees encourage the Secretary to continue to improve 

the College Navigator to maximize its usefulness for searching 

through data in a manner that is beneficial to the public. The Conferees also recognize that the Secretary currently collects information for the College Navigator for institutions of higher education 

that do not participate in Title IV programs and encourage the SecVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00459 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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retary to continue to collect information from such institutions that 

choose to provide it. 

The House bill requires the Secretary to include a higher education pricing summary page on the College Navigator website that 

can be sorted and searched by users and contains various data elements related to price. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to include the net 

price on the summary page for the three most recent available academic years and, beginning July 1, 2010, the average net price by 

income category for students receiving federal student financial 

aid. 

The Conferees note that the Secretary currently collects information on instructional spending and the Conferees do not intend 

to limit the Secretary in publishing this information on the pricing 

summary page. 

The House bill establishes income categories for reporting purposes and requires the Secretary to update the income categories 

annually based on inflation. The House bill includes an exemption 

from reporting institutional aid data by income category at institutions of higher education where income data is not collected from 

recipients of institutional aid. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to change the income 

categories to: $0–30,000; $30,001–48,000; $48,001–75,000; $75,001–

110,000; and $110,001 and up, and to require reporting only for 

students receiving federal student financial aid under Title IV. 

The House bill includes a provision in title IV that would require all institutions that receive title IV aid to provide every incoming student with a multi-year tuition schedule or a single-year 

tuition schedule with non-binding estimates of tuition levels, after 

financial aid is awarded, for the following several years. The Secretary has the authority to waive this requirement if the institution can demonstrate that it has suffered economic distress, dramatic reduction of state or federal aid or other circumstances that 

the Secretary would deem valid. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to move the multiyear tuition concept to Title I and to require the Secretary to develop a multi-year tuition calculator to provide estimates of annual 

tuition and fees and the total amount of tuition prospective students may pay for the duration of their program of study, based on 

the average annual percentage change in the institution’s tuition 

and fees for the three most recent academic years. The calculator 

shall be developed in such a manner to allow for the comparison 

of estimates across multiple institutions of higher education. Such 

calculation must include a separate disclaimer that the calculation 

is an estimate only and shall not be binding on the Secretary of 

Education, the institution of higher education, or the state and may 

change due to state appropriations or other factors and that the 

student must complete the FAFSA in order to be eligible for aid. 

In the case of an institution that offers a multi-year tuition guarantee program, the calculator must allow a prospective student to 


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enter estimates of tuition and fees based on the provisions of the 

guarantee program. 

The House bill requires a survey of student aid recipients to 

be conducted at least once every four years. The House bill also requires the survey to be conduced on a state-by-state basis. The 

House bill expands on the current goals of the survey by requiring 

the survey to: Consider the impact of education loan debt on students’ career choices; describe the role of the price of postsecondary 

education in students’ decisions about which institution of higher 

education to attend; and describe how the cost of textbooks and 

other instructional materials affect the cost of postsecondary education for students. The House bill retains current law with respect 

to the survey design, except that it clarifies that the survey shall 

(rather than ‘‘should’’) be designed and administered in consultation with Congress and the postsecondary education community. 

The House bill requires the survey results to be made available in 

printed and electronic form. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The House bill authorizes the Secretary to issue regulations to 

carry out the provisions in this Section. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill presents six findings related to higher education and the availability of consumer information about institutions of higher education. The House bill includes a sense of Congress stating that institutions of higher education should participate in efforts to provide concise and accessible online information 

to prospective students and their families. 

The Senate amendment contains no similar provisions. 

The House recedes. 

Section 112. Textbook information 

The House bill includes provisions that provide more information on the cost of textbooks designed to ensure that students have 

better and timelier access to course materials. 

The House bill requires publishers to provide faculty members 

with price information, copyright dates of all previous editions in 

the preceding ten years, substantial content revisions made between the current and previous editions, and to disclose whether 

the textbook or supplemental materials are available in any other 

format. 

The House bill requires publishers that sell a college textbook 

and supplemental material as a single product to offer the college 

textbook and each supplement as a separate item. 

The House bill requires institutions of higher education to publish in course schedules for pre-registration and registration purposes, to the ‘‘maximum extent practicable,’’ the International 

Standard Book Number (ISBN) and the retail price of course materials. 

The House bill requires an institution of higher education to 

provide upon request to any college bookstore its course schedule 

and materials required or recommended for each course. 


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The House bill provides that nothing about these programs supersedes an institution’s autonomy with respect to the selection of 

course materials. 

The House bill’s textbook information program is effective as 

of July 1, 2008. 

The Senate amendment contains no similar provisions. 

The Senate recedes with amendments to the provisions to clarify the definitions of an integrated textbook and supplemental materials, and clarify that the provisions apply only to institutions receiving federal financial assistance. The amendments require a 

publisher to provide to faculty or others selecting textbooks, the 

wholesale price, and if available, the retail price at which books are 

made available to the public, respectively, and specify the copyright 

dates of the three previous editions need to be provided. The 

amendments also specify that an institution shall, to the maximum 

extent practicable, make the required textbook information, including ISBN information, available on its Internet course schedule in 

a manner of the institution’s choosing. Further, an institution shall 

publish a link to this information in its written course schedule. 

The amendments also encourage institutions to disseminate information to students about institutional programs that would help 

students save money on textbooks, such as rental programs or buyback programs, prohibit the Secretary of Education from promulgating regulations on the section, and require the Government Accountability Office to conduct a review of the implementation of 

these provisions. 

The Conferees intend that the provisions in this section decrease the cost of textbooks for students in higher education by ensuring that faculty, students, and bookstores all have sufficient, 

relevant, and timely information to make informed purchasing decisions. The information provided as a result of these provisions 

should be provided in a consumer-friendly manner and should be 

easily accessible. The Conferees further recognize the shared goals 

of identifying ways to decrease the burden of textbook costs on students by all parties, and the innovation of institutions, publishers, 

and bookstores in working toward this goal. 

The Conferees recognize the cost savings to students of used 

textbooks. Further the Conferees do not intend the definition of ‘‘integrated textbooks’’ to discourage faculty and students from using 

such textbooks in their courses. Textbooks without explicit thirdparty contract limitations should not be considered as integrated if 

an identical used textbook or used supplemental material is commonly available to a student, thus making the materials fully usable for its intended purpose and meeting the requirements of a 

course of instruction at an institution of higher education. 

It is the intention of the Conferees that institutions of higher 

education that do not offer Internet course schedules are not required to create such schedules for the purposes of satisfying the 

requirements of this section; and that institutions may satisfy the 

requirements by providing a link to another appropriate website 

that satisfies the requirements of the paragraph, provided that 

such link is clearly and prominently located on the institution’s 

Internet course schedule. 


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Further, the Conferees recognize the changing use of technology in the textbook marketplace. The provisions require institutions, to the maximum extent practicable, to disclose the ISBN information for each required textbook. As ISBN information 

changes, or is replaced by another standard identification system, 

the Conferees urge institutions to provide students with the most 

up-to-date and accurate information. 

The Conferees understand that while regulations are prohibited in the context of implementation, enforcement and oversight, 

the Secretary of Education may need to develop non-regulatory 

guidance. The Conferees recognize that the Secretary has a variety 

of means by which to publicize these provisions, including publication in government materials, and should provide for the broad dissemination of such information through communication with institutions of higher education and other relevant stakeholders. 

Section 113. Database of student information prohibited 

The Senate amendment and the House bill prohibit the development, implementation, or maintenance of a federal database of 

personally identifiable information. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment exempts from the prohibition systems 

needed for the operation of programs authorized by Titles II, IV, 

or VII. 

The House bill exempts from the prohibition systems needed 

for the operation of programs authorized by Titles II, IV, or VII and 

any data required to be collected by the Secretary under this Act. 

The House recedes. 

The Senate amendment and the House bill provide that nothing in this Act prohibits a state or consortium of states from developing, implementing, or maintaining state developed databases to 

track students over time. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Conferees support the prohibition on the creation of a national database for the purpose of student tracking. This prohibition should not be construed to prohibit the Secretary from performing surveys that are necessary to monitor the operation of the 

student aid programs, in particular the National Postsecondary 

Student Aid Survey which is a valuable source of information on 

how students and families finance their postsecondary education. 

Section 114. In-state tuition rates for Armed Forces members, 

spouses, and dependent children 

The House bill prohibits public institutions of higher education 

from charging the dependents of members of the Armed Forces on 

active duty for more than thirty days, whose domicile or permanent 

duty station is in the same state, more than in-state tuition rates. 

The House bill requires public institutions of higher education to 

allow members of the Armed Forces or their dependents who are 

receiving an in-state tuition rate to continue to pay that rate while 

continuously enrolled at the institution of higher education even if 


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there is a subsequent change in the permanent duty station of the 

member to a location outside the state. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to specify that the 

prohibitions apply to states that receive funds under the HEA and 

to strike the definition of state. 

Section 115. State Higher Education Information System Pilot program 

The Senate amendment and the House bill establish a State 

Higher Education Information System Pilot program to assist up to 

five states in developing state-level postsecondary data systems. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment authorizes such sums as may be necessary beginning in fiscal year 2008 and each of the five succeeding 

fiscal years. 

The House bill authorizes such sums as may be necessary for 

fiscal year 2009 and each of the four succeeding fiscal years. 

The House recedes with an amendment to replace fiscal year 

2008 with fiscal year 2009. 

Section 116. State commitment to affordable college education 

The House amendment establishes ‘‘maintenance of effort’’

(MOE) requirements that, after July 1, 2008, states must meet to 

receive funding under the House-proposed ‘‘Grants for Access and 

Persistence’’ (GAP) program, which replaces the existing Special 

Leveraging Educational Assistance Partnership program. State 

funding provided for public institutions (for non-capital and non-research and development expenses or costs) must not be less than 

the average amount provided during the five most recent preceding 

academic years. States must also provide funding for student financial aid for students attending private institutions in the state in 

an amount not less than the average amount provided during the 

5 most recent preceding academic years. If a state does not meet 

the MOE requirements, the Secretary shall withhold funds that 

would be available to the state for the GAP program until the state 

has made significant efforts to meet those requirements. States 

may receive a waiver of the requirements for exceptional or uncontrollable circumstances. 

The Senate bill contains no similar provisions. 

The Senate recedes with an amendment to require states to 

meet the MOE in order to receive an initial grant under the new 

College Access Challenge Grant program instead of the existing 

GAP program and to accommodate states with biennial appropriation cycles. 

The Conferees understand states currently face increased deficits and challenging state budgets. It is not the intent of the conferees to compound state economic challenges, but rather to secure 

a strong federal-state partnership to increase access to higher education for middle- and low-income families. The conferees acknowledge that the Secretary has authority to provide a waiver for states 

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cumstances’’ which include sudden and unforseen declines in a 

state’s budget. 

Section 117. Performance-Based Organization for the delivery of 

federal student financial assistance 

The Senate amendment changes the description of the functions of the Performance-Based Organization (PBO) at the Department of Education from ‘‘operational’’ to ‘‘administrative and oversight.’’ The Senate amendment makes the PBO responsible for the 

administration of federal student financial assistance programs. 

The Senate amendment also directs the PBO to utilize procurement 

systems that streamline operations, improve internal controls, and 

enhance management. 

The House bill contains no similar provisions. 

The House recedes with an amendment to delete the requirement that the Chief Operating Officer of the PBO provide an annual briefing to the authorizing Committees on the steps the PBO 

has taken and is taking to ensure that lenders are providing the 

information required under Title IV; but instead, requires a representative of the Secretary to provide a briefing at any time upon 

request of the authorizing Committees on the steps the Department has taken to ensure the integrity of the student loan programs, including lender and guaranty agency compliance with the 

requirements of Title IV. 

Section 118. Procurement flexibility 

The Senate amendment amends Section 142 by modifying the 

Chief Operating Officer duties, including the fee for service arrangements, and replacing the term ‘‘sole source’’ with the term 

‘‘single-source basis.’’

The House bill contains no similar provision. 

The House recedes. 

Section 119. Certification regarding the use of certain federal funds 

The Senate amendment specifies that federal funds received by 

an institution of higher education or other postsecondary educational institution may not be used to pay any person for influencing or attempting to influence an officer or employee of any 

agency, a Member of Congress, or an employee of a Member of 

Congress in awarding a federal contract, making a federal grant or 

loan, entering into any federal cooperative agreement, or in extending, continuing, renewing, amending, or modifying any federal contract, grant, loan, or cooperative agreement. No federal student aid 

funding may be used to hire a lobbyist or to secure an earmark. 

Each institution of higher education or other postsecondary educational institution receiving federal funding must annually certify 

that these requirements have been met. 

The House bill contains no such provision. 

The House recedes with an amendment to clarify that the prohibition relates to funds received by an institution under the Higher Education Act. 

The Conferees wish to clarify that this Section is not intended 

to prohibit an employee of an institution of higher education from 


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receiving federal funds for participating in a peer review process 

for a Federal program. 

Section 120. Institution and lender reporting and disclosure requirements 

Both the Senate amendment and the House bill add a new 

Part E to Title I, instituting lender and institutional requirements 

relating to education loans. 

The Senate and House recede with amendments to Part E as 

follows: 

PART E—LENDER & INSTITUTION REQUIREMENTS RELATING TO

EDUCATION LOANS

Section 151. Definitions 

The Senate amendment defines ‘‘cost of attendance’’ as it is defined under Title IV, Section 472. 

The House bill defines ‘‘postsecondary educational expenses’’ as 

defined under Title IV, Section 472. 

Both the Senate and the House recede. 

The Senate amendment defines ‘‘covered institution’’ as any 

educational institution that offers a postsecondary educational degree, certificate, or program of study (including an institution defined in Section 102) and receives any federal funding or assistance. The definition includes any employee or agent of the institution of higher education, or an organization or entity affiliated 

with, or directly or indirectly controlled by the institution of higher 

education. 

The House bill defines ‘‘covered institution’’ as any educational 

institution that offers a postsecondary educational degree, certificate, or program of study (including an institution defined in Section 102) and receives any federal funding or assistance. The definition includes any employee or authorized agent of the institution 

of higher education, including an alumni association, booster club, 

or other organization directly or indirectly authorized by the institution of higher education. 

The Senate and the House recede with an amendment to define ‘‘covered institution’’ as any institution of higher education as 

such term is defined in Section 102, that receives any federal funding or assistance. Definitions of ‘‘agent’’ and ‘‘institution-affiliated 

organization’’ are also added. An ‘‘agent’’ means an officer or employee of a covered institution or an institution—affiliated organization. An ‘‘institution-affiliated organization’’ means any organization that is directly or indirectly related to a covered institution 

and is engaged in the practice of recommending, promoting, or endorsing education loans for students attending such covered institution or the families of such students, except that the term does 

not include any lender with respect to any education loans secured, 

made or extended by such lender. 

The Senate amendment defines ‘‘educational loan’’ as any loan 

made, insured, or guaranteed under Title IV. 

The House bill defines ‘‘educational loan’’ as including any loan 

made, insured, or guaranteed under Title IV; or any educational 

loan that is not made, insured, or guaranteed under Title IV, but 


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that is issued by a lender expressly for postsecondary educational 

expenses to a student, or the parent of the student, regardless of 

whether the loan involves enrollment certification by the educational institution that the student attends. 

The Senate recedes with an amendment to replace ‘‘educational loan’’ with ‘‘education loan’’ and to specify that loans made, 

insured, or guaranteed under Title IV refer to loans made under 

Parts B and D of Title IV. 

The Senate amendment defines ‘‘educational loan arrangement’’ as an arrangement or an agreement between a lender (of 

loans made under Title IV, and as defined under Section 151(5)) 

and a covered institution, under which a lender provides or issues 

(Title IV) educational loans to students attending a covered institution, or their parents; and which is related to the covered institution recommending, promoting, endorsing, or using the (Title IV) 

educational loans of the lender, and which involves the lender paying a fee or providing other material benefit to the institution of 

higher education or groups of students attending the institution of 

higher education. 

The House bill defines ‘‘preferred lender arrangement’’ as an 

arrangement or agreement between a lender and a covered institution, under which a lender provides or issues educational loans to 

students attending a covered institution, or their parents; and 

which is related to the covered institution recommending, promoting, or endorsing, educational loan products of the lender; and 

which does not include arrangements with respect to the Direct 

Loan program loans, Perkins Loans, or Federal Family Education 

Loan (FFEL) parent PLUS Loans made in accordance with Section 

499(b). 

The Senate recedes with an amendment to change ‘‘parents’’ to 

‘‘families’’ of students, strike the reference to Perkins Loans, and 

to include in the definition arrangements or agreements between a 

lender and an institution-affiliated organization. 

The Senate amendment defines ‘‘lender’’ as a financial institution participating in the FFEL, and the Secretary for the Direct 

Loan program loans; and in each case, the term includes any individual, group, or entity acting on behalf of the lender with respect 

to a Title IV education loan. 

The House bill defines ‘‘lender’’ as meaning a ‘‘creditor;’’ except 

that it does not include an issuer of credit secured by a dwelling 

or under an open-end credit plan, and includes an agent of a lender. 

Both the Senate and the House recede with an amendment to 

define the terms ‘‘eligible lender’’ and ‘‘lender.’’ The term ‘‘eligible 

lender’’ has the meaning given such term in section 435(d). The 

term ‘‘lender’’ means an eligible lender, in the case of a loan made, 

insured, or guaranteed under Part B of Title IV; the Secretary, in 

the case of any loan issued or provided to a student under Part D 

of Title IV; and, a private educational lender as defined in Section 

140(a) of the Truth in Lending Act, in the case of a private education loan. 

The Senate amendment defines ‘‘officer’’ as including a director 

or trustee of an institution of higher education. 


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The House bill defines ‘‘officer’’ as including a director or trustee of a covered institution if the individual is treated as an employee of the covered institution (see Section151(1)). 

The Senate recedes with an amendment to include in the definition of ‘‘officer’’ a director or trustee of an institution-affiliated organization if such individual is treated as an employee. 

The House bill defines ‘‘private educational loan.’’ The Senate amendment contains no similar provision. 

The House recedes with an amendment to use the term ‘‘private education loan’’ in place of ‘‘private educational loan’’ and to 

refer to the definition used in Section 140(a) of the Truth in Lending Act. 

Section 152. Responsibilities of covered institutions, institution-affiliated organizations and lenders 

The Senate amendment institutes requirements for lenders 

and institutions of higher education participating in ‘‘educational 

loan arrangements.’’ The Senate provision is applicable to arrangements between lenders of Title IV educational loans and covered 

institutions of higher education. 

The House bill institutes requirements for lenders and institutions of higher education participating in ‘‘preferred lender arrangements.’’ The House provision is applicable to arrangements 

between lenders (i.e., creditors) and covered institutions of higher 

education. The House provision applies to lenders of loans made, 

insured, or guaranteed under Title IV, and private educational 

loans, except that it does not apply to arrangements with respect 

to Direct loans, Perkins Loans, or parent PLUS loans made in accordance with Section 499(b). 

The Senate recedes with an amendment to make no reference 

to Perkins Loans. 

The House amendment prohibits a covered institution that enters into a preferred lender arrangement regarding private educational loans from agreeing to allow the lender to use the institution’s name or likeness in the marketing of private educational 

loans to students attending the institution in any way that implies 

the institution’s endorsement of the private educational loans. 

The Senate bill contains no similar provision. 

The Senate recedes with an amendment to extend the prohibition to institution-affiliated organizations of covered institutions. 

The Senate amendment requires a covered institution that enters into an educational lender arrangement to disclose the name 

of the lender in documentation related to the loan. 

The House bill contains no similar provision. 

The House recedes with an amendment to require covered institutions, and institution-affiliated organizations of such institutions, that enter into a preferred lender arrangement with a lender 

regarding private education loans to ensure that the name of the 

lender is displayed in all information and documentation related to 

the loan. 

The House bill requires FFEL lenders that participate in one 

or more ‘‘preferred lender arrangements’’ to annually certify compliance with requirements of the Act and to report on and attest 

to such compliance in its annual compliance audit. 


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The Senate amendment contains no similar provision. 

The Senate recedes with an amendment that provides: ‘‘If an 

audit is required pursuant to Section 428(b)(1)(U)(iii), the lender’s 

compliance with requirements of this section shall be reported on 

and attested to annually by the auditor of such the lender.’’ The Senate amendment requires lenders participating in educational loan arrangements, prior to providing a Title IV education 

loan to a student, to disclose to the student certain information 

about the terms and conditions of such loans. These disclosures 

must include: Interest rates of educational loans and sample educational loan costs, by type of loan. For each type of educational 

loan offered, the disclosure must include information on: Types of 

repayment plans available; availability of and conditions for nopenalty, early repayment; capitalization of interest; terms and conditions of deferment and forbearance; all available repayment benefits and the percentage of all borrowers who qualify for such benefits; the percent of borrowers who received such benefits in the preceding academic year; collection practices in cases of default; all 

fees, including late payment penalties, a borrower may be charged; 

and, such other information as the Secretary may require. 

The House bill contains no similar provision. 

The House recedes with an amendment to incorporate the disclosure requirements in the Senate amendment into the disclosures 

required under Subsections (a),(c) and (d) of Section 433. The revised disclosure requirements are applicable to loans made, insured 

or guaranteed under Parts B or D of Title IV, other than consolidation loans. Lenders of private education loans must comply with 

the disclosures required under Title X of this Act. 

The Senate amendment requires lenders participating in education loan arrangements to annually report to the Secretary any 

reasonable expenses paid or given to an individual employed in the 

financial aid office of a covered institution, or who has responsibilities with respect to educational loans or other types of financial 

aid. The lenders must report the following: The amount of each 

specific instance of reimbursement; the name of each individual to 

whom a reimbursement was made; the date of the activity being 

reimbursed; and, a brief description of the activity being reimbursed. The Secretary shall annually compile such information into 

a report and transmit the report to the House Education and Labor 

Committee and the Senate Committee on Health, Education, Labor 

and Pensions. 

The House bill contains no similar provision. 

The House recedes with an amendment to require each FFEL 

lender, on an annual basis, to report to the Secretary any reasonable expenses paid or given under the exception clauses in 

435(d)(5)(D), 487(e)(7) and 487(e)(3)(B) to any agent of a covered institution who is employed in the financial aid office of a covered institution, or who otherwise has responsibilities with respect to education loans or other financial aid activities of the institution of 

higher education, and any similar expenses paid or provided to any 

agent of an institution-affiliated organization of a covered institution who is involved in the practice of recommending, promoting, 

or endorsing education loans. The report shall include: The amount 

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bursement; the name of the agent for whom expenses were paid or 

to whom the reimbursement was made; the dates of the activity for 

which the expenses were paid or the reimbursement was made; 

and, a brief description of the activity for which the expenses were 

paid of the reimbursement was made. The Secretary shall summarize the information contained in the lender reports and provide a 

report annually to the authorizing Committees. 

The House bill requires the Secretary to display on the Department of Education Web site, and to provide to colleges and universities, specified information to be used for counseling and consumer 

information for prospective borrowers. The Secretary shall make 

such information widely known and shall promote its availability 

and use by prospective and current students and borrowers, and 

those entering repayment. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify the types of 

information that must be reported and to change the placement of 

the provision. 

Section 153. Loan information to be disclosed and model disclosure 

form for covered institutions, institution-affiliated organizations, and lenders participating in preferred lender arrangements 

The Senate amendment and the House bill require the Secretary, not later than 180 days after enactment, to prepare a report 

on the adequacy of the information provided to students and their 

parents about education loans, after consulting with students, representatives of covered institutions of higher education (including 

financial aid administrators, registrars, and business officers), 

lenders, loan servicers, and guaranty agencies. 

Both the Senate and the House recede with an amendment to 

strike the report requirement and instead to require the Secretary, 

not later than eighteen months after enactment, to coordinate with 

the Board of Governors of the Federal Reserve, and consult with 

students, their families, representatives of covered institutions (including financial aid administrators, admission officers, and business officers), representatives of institution-affiliated organizations, 

high school guidance counselors, lenders, loan servicers, and guaranty agencies, and to determine the minimum information that 

lenders, covered institutions, and institution-affiliated organizations participating in preferred lender arrangements must make 

available regarding education loans that are offered to students 

and their families. Both the Senate and House recede also with an 

amendment to change references from ‘‘parents’’ to ‘‘families’’

throughout the Section. 

The Senate amendment and the House bill require the Secretary to develop a model format (Senate) or model disclosure form 

(House) to be used by lenders participating in ‘‘preferred lender arrangements’’ (House) or ‘‘educational loan arrangements’’ (Senate) 

for providing information to institutions of higher education and 

the Secretary, for each type of education loan provided by lenders 

to students attending a covered institution, and about why the covered institution believes the terms and conditions of each type of 

loan provided pursuant to the educational loan arrangement are 


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beneficial to borrowers. The House bill requires the Secretary to 

prescribe this model format by regulation. 

The Senate amendment requires the model format to provide 

certain information on the terms and conditions of loans, 

disaggregated by loan type, including interest rates and terms and 

conditions of loans for the forthcoming academic year; any benefits 

that are contingent on borrower repayment behavior; the average 

amount borrowed from the lender by students enrolled in the institution, by loan type, for the preceding academic year; the average 

interest rate on loans borrowed by such students for the preceding 

academic year; and the amount of interest that may be required to 

be paid according to a standard repayment period on the average 

amount borrowed from the lender by such students, on such type 

of loan, for the preceding academic year. 

The House bill also requires the model disclosure form to provide information on the terms and conditions of loans, 

disaggregated by loan type, including the interest rate or range of 

rates, and whether rates are fixed or variable; the frequency and 

amount of interest rate adjustments; co-borrower requirements; 

any fees associated with the loan; available repayment terms; the 

opportunity for deferment or forbearance, including whether inschool deferment is available; any additional terms and conditions 

of the loan, including any benefits contingent on repayment behavior of the borrower; the annual percentage rate for such loans, determined in the manner required under Section 107 of the Truth 

in Lending Act (15 U.S.C. 1606); an example of the total cost of the 

educational loan over the life of the loan; consequences of default, 

including any limitations on loan discharge in bankruptcy; contact 

information for the lender; and, philanthropic contributions by the 

lender to the covered institution. The House bill requires this information to be provided for opportunity pool loans and requires private lenders, as well as FFEL lenders, to use the model format. 

The House bill additionally requires the model format to be easy 

for students and parents to understand; to be easily usable by lenders, institutions of higher education, guaranty agencies, and 

servicers; to provide relevant information on federal and private 

educational loans; to be based on the report’s findings, and to be 

developed in consultation with specified entities. 

Both the Senate and the House recede with an amendment to 

require the Secretary to consider the merits of requiring covered institutions and institution-affiliated organizations that have preferred lender arrangements to provide prospective borrowers and 

families the following information for each type of loan made, insured or guaranteed under Title IV: The interest rate and terms 

and conditions of the loan for the next award year, including loan 

forgiveness and deferment; information on any charges such as 

origination and federal default fees that are payable on the loans, 

and whether those charges will be paid by the lender or the borrower; the yearly and cumulative maximum amounts that may be 

borrowed; the average amount borrowed from the lender by undergraduate and graduate students who were enrolled and who graduated the preceding year; the amount the borrower may pay in interest, based on a standard repayment plan and the average 

amount borrowed by students who graduated from the institution 


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of higher education the preceding year with subsidized and unsubsidized Stafford loans and PLUS loans; the consequences for the 

borrower of defaulting on a loan, including limitations on the discharge of an education loan in bankruptcy; the contact information 

for the lender; and other information suggested by those with 

whom the Secretary has consulted. In addition, the amendment requires the Secretary, in determining the minimum information that 

lenders, covered institutions, and institution-affiliated organizations participating in preferred lender arrangements shall make 

available regarding education loans that are offered to students 

and the families of students, to incorporate identical or similar disclosures developed by the Board of Governors of the Federal Reserve pursuant to Section 128(e)(1) of the Truth in Lending Act. 

The House bill also requires the model format to provide, with 

respect to private educational loans recommended by the covered 

institution, the method of determining the interest rate of the loan; 

potential finance charges, late fees, penalties, and adjustments to 

the principal, based on defaults or late payments of the borrower; 

and, such other information as the Secretary may require. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill require the Secretary to submit the report and model format (Senate) or disclosure 

form (House) to the authorizing Committees and make the report 

and model format available to covered institutions of higher education, lenders, and the public. The Senate amendment and the 

House bill require the Secretary to encourage lenders that have 

educational loan (Senate) or preferred lender (House) arrangements 

with covered institutions of higher education, and covered institutions of higher education to use the model forms. 

Both the Senate and the House recede with an amendment 

that the Secretary shall, after consulting with the public and in coordination with the Board of Governors of the Federal Reserve 

specify the information covered institutions and institution-affiliated organizations with preferred lender arrangements must provide to prospective borrowers and the families of such borrowers regarding loans made, insured, or guaranteed under Title IV and require covered institutions and institution-affiliated organizations to 

provide such information on a model disclosure form developed by 

the Secretary or on a form developed by the institution of higher 

education. The Secretary shall update the model disclosure form 

periodically. 

The Senate amendment and the House bill require lenders 

that participate in educational loan (Senate) or preferred lender 

(House) arrangements to report the information contained on the 

model disclosure form to the institutions of higher education even 

if they do not use the form. The House bill specifies that such information shall be reported to institutions of higher education by 

March 1 of each year. 

The Senate recedes with an amendment to require lenders that 

participate in preferred lender arrangements to report information 

for Part B loans annually to a covered institution or an institutionaffiliated organization and to the Secretary, by a date to be determined by the Secretary. 


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The House bill specifies that the development and prescription 

by regulation of the initial model disclosure form shall not be subject to the requirement that it be published in final form by November 1 prior to the start of the award year, nor shall it be subject to negotiated rulemaking. However, such requirements shall 

apply to the updating of the model disclosure form. 

The Senate contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill require covered institutions of higher education to submit an annual report to the 

Secretary that includes the information on the model form, a detailed explanation of why the institution of higher education believes the terms and conditions of each loan provided through an 

agreement are beneficial to the students attending the institution 

or to the students’ parents. Institutions of higher education must 

make the report available to the public and provide it to students 

who are attending or who plan to attend the covered institution. 

The House bill requires covered institutions of higher education, on their Web site and in publications, mailings, electronic 

messages or media describing financial aid opportunities to prospective or current students or their parents, to include the following: A statement indicating that students are not limited to or 

required to use the lenders recommended by the institution of higher education; that the institution of higher education is required to 

process the documents required to obtain a federal educational loan 

from any eligible lender the student selects. The Web site and 

other publications must also disclose, at a minimum, all of the information provided by the model disclosure form (or updated form) 

with respect to any lender of federal or private educational loans 

(including opportunity pools) recommended by the institution of 

higher education; the maximum amount of federal grant and loan 

aid available to students in an easy-to-understand format; and, the 

institution’s cost of attendance. 

Both the Senate and the House recede with an amendment to 

require covered institutions and institution-affiliated organizations 

to make the information that the Secretary requires for the model 

disclosure format and the information that a private educational 

lender provides to a covered institution and institution-affiliated organizations pursuant to Sections 128(e)(12) and 128(e)(1) of the 

Truth in Lending Act, available in time for students and families 

to consider before selecting a lender or applying for an education 

loan. The Senate and House further require covered institutions 

and institution-affiliated organizations to prepare and submit to 

the Secretary an annual report, by a date to be determined by the 

Secretary, that includes for each lender that has a preferred lender 

arrangement with the covered institution and institution-affiliated 

organization the information the Secretary requires for the model 

disclosure form and the information private educational lenders 

participating in a preferred lender arrangements provide to covered 

institutions and institution-affiliated organizations, for each type of 

education loan provided pursuant to the preferred lender arrangement. The reports must also include an explanation of why the covered institution or institution-affiliated organization entered into a 

preferred lender arrangement, including why the terms, conditions, 


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and provisions of each type of loan for students are beneficial for 

students or the families of students. The covered institution or institution-affiliated organizations shall ensure that the report is 

made available to the public and provided to students attending or 

planning to attend the covered institution. Each covered institution 

that has a preferred lender arrangement must disclose on its 

website, in addition to this information and the disclosures required under the program participation agreement, the maximum 

amount of federal financial assistance available to students and a 

statement that the institution of higher education is required to 

process the documents required to obtain a federal education loan 

from any eligible lender the student selects. 

The House bill requires the Secretary, not later than one year 

after submitting the model disclosure form and report, to assess 

the adequacy of the model disclosure form and, after consultation 

with specified entities, prepare a list of improvements identified as 

beneficial to borrowers and to take such improvements into consideration in updating the model disclosure form. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill requires covered institutions of higher education that make information on private educational loans available to students or their parents to also make certain information 

about private loans and federal student aid under Title IV available. Covered institutions of higher education must inform students, or their parents, of their eligibility for federal student aid, 

including loans under Title IV; the terms and conditions of private 

educational loans that may be less favorable than the terms and 

conditions of Title IV student loans for which they are eligible; and 

must clearly distinguish between private educational loans and 

loans made, insured, or guaranteed under Title IV. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to change references 

to ‘‘student or parent’’ to ‘‘prospective borrower’’; to clarify that the 

prospective borrower must be informed that the borrower may 

qualify for federal financial assistance through a Title IV program 

of this Act; and, to modify language to require covered institutions 

and institution-affiliated organizations to inform prospective borrowers that the terms or conditions of Title IV loans may be more 

favorable than the provisions of private loans. The other disclosure 

requirements in the House bill and the Senate amendment are 

moved to Sections 428(c), 433(a) and (b), and 485(b), (d), and (l) as 

amended by this Act. 

Section 154. Loan information to be disclosed and model disclosure 

form for institutions participating in the William D. Ford Federal Direct Loan Program 

The Conferees establish a new Section that requires the Secretary to provide each institution of higher education participating 

in the William D. Ford Direct Loan program with a completed 

model disclosure form including the same information for Federal 

Direct Stafford loans, Federal Direct Unsubsidized Stafford loans 

and Federal Direct PLUS loans made to, or on behalf of, students 

attending the institution as is required on such forms for loans deVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00474 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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scribed in section 151(3)(A). The Conferees require institutions participating in the Direct Loan program to make the information the 

Secretary provides available to students attending or planning to 

attend the institution and their families. 

TITLE II—TEACHER QUALITY ENHANCEMENTS 

The Senate amendment and the House bill strike and replace 

Title II of the Higher Education Act. 

The Senate and the House recede with amendments as follows. 

Section 201. Teacher quality enhancement 

Section 200. Definitions 

The Senate amendment and the House bill adopt the current 

definition for ‘‘Arts and Sciences’’ and eliminate the current definition of ‘‘Poverty Line.’’ The Senate amendment and House bill add 

the same definitions of ‘‘Children from Low-Income Families,’’ ‘‘Core Academic Subjects,’’ ‘‘Early Childhood Educator,’’ ‘‘Educational Service Agency,’’ ‘‘Essential Components of Reading Instruction,’’ ‘‘Exemplary Teacher;’’ ‘‘High-Need Early Childhood Education Program,’’ ‘‘Highly Competent,’’ ‘‘Highly Qualified,’’ ‘‘Limited 

English Proficient,’’ ‘‘Professional Development,’’ and ‘‘Teaching 

Residency Program.’’ The Conferees adopt that provisions as proposed by both the 

Senate and the House with an amendment to adopt the definition 

for ‘‘parent’’ as found in the Elementary Secondary Education Act 

(ESEA). 

The Senate amendment and the House bill contain definitions 

for ‘‘Early Childhood Education Programs,’’ but the House bill definition of ‘‘Early Childhood Education Program’’ differs in two respects by specifying that Head Start programs include Migrant and 

Seasonal Head Start, as well as American Indian/Alaska Native 

Head Start programs, and by including prekindergarten programs 

authorized under Section 619 or Part C of the Individuals with Disabilities Education Act. 

The Senate recedes with an amendment to add ‘‘or a program 

authorized under Section 619 of the Individuals with Disabilities 

Education Act’’ after ‘‘State prekindergarten program’’ in the definition of ‘‘Early Childhood Education Programs,’’ to clarify that a 

state licensed or regulated child care program does not include a 

school and an eligible state prekindergarten program is one that 

serves children from birth to age six. 

The Senate amendment and the House bill contain definitions 

of ‘‘eligible partnerships.’’ The House bill definition includes alternative certification programs and teacher professional development 

programs within partner institutions of higher education. 

The Senate recedes with an amendment to allow teacher professional development programs to be included in the partnership 

only if they are existing programs with proven outcomes within a 

four year institution of higher education that provides intensive 

and sustained collaboration between faculty and local educational 

agencies in order to meet the requirements of this Title. 

The Senate amendment and the House bill amend the definition of a ‘‘High-Need Local Educational Agency’’ in the same manVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00475 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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ner and include references to rural locale codes. The Senate amendment lists specific rural locale codes and the House bill references 

rural locale codes currently being used by the Department of Education. The Senate amendment includes locale codes correspond to 

the designations of small town (6); rural, outside major statistical 

area (7); and rural, inside major statistical area (8). The House bill 

provides the labels for locale codes that correspond to the following 

numerical designations: rural, fringe (41); rural, distant (42); and 

rural, remote (43). 

The House and Senate recede with an amendment to align the 

definition of local educational agencies with the definition in the 

Elementary and Secondary Education Act. 

The Senate amendment and the House bill amend the definition of ‘‘High-Need School’’ in the same manner; except, the Senate 

amendment defines a rural school as one designated with a locale 

code of 6, 7, or 8. The House bill defines a rural school as one designated with a locale code of Rural: Fringe, Rural: Distant, or 

Rural: Remote. 

The Senate and the House recede with an amendment to define a high-need school as one that is either in the highest quartile 

of low-income schools in a ranking of all schools served by a local 

educational agency, as determined by various poverty indicators, 

or, in the case of an elementary school, one that serves not less 

than sixty percent of students who are eligible for free or reduced 

price school lunch under the Richard B. Russell National School 

Lunch Act, and for all other schools, that serves not less than 45 

percent of such students. 

The Senate amendment and the House bill define ‘‘Induction 

Program’’ to include periodic, structured time for collaboration with 

other teachers, as well as time for information-sharing among 

teachers, principals, administrators, and participating faculty. 

However, the Senate amendment allows such collaboration to be 

with any other teachers in the same department or field, and the 

House bill specifies that such collaboration shall be with mentor 

teachers. 

The House recedes with an amendment to include mentor 

teachers in addition to other teachers who shall be provided collaboration time and to include other appropriate instructional staff 

in information sharing time. 

The Senate amendment and the House bill define an ‘‘Induction Program’’ as having a teacher preparation program that includes interdisciplinary collaboration. However, the House bill 

specifies that the collaboration occurs with those who prepare new 

teachers with respect to the learning process and the assessment 

of learning. 

The Senate recedes. 

The Senate amendment and the House bill define an ‘‘Induction Program’’ as having a teacher preparation program that provides assistance with the understanding of data, particularly student achievement data, and the applicability of that data in classroom instruction. 

The Senate and the House recede with an amendment that the 

program shall provide assistance with ‘‘the applicability of such 

data in classroom instruction.’’


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The Senate amendment defines an ‘‘Induction Program’’ as 

having a regular evaluation of the new teacher. 

The House bill specifies that the evaluation include formal observation and feedback, at least four times a year by multiple evaluators, including master teachers and the principal, who must use 

valid and reliable benchmarks of teaching skills and standards developed with input from teachers in the evaluation. 

The Senate recedes with an amendment to indicate that the 

evaluation shall consist of ‘‘regular and structured observation and 

evaluation of the new teachers by multiple evaluators, using valid 

and reliable measures of teaching skills.’’ The Conferees intend that measures of teaching skills employed during observation and evaluation of new teachers include 

the teaching skills described later in this Section. Using such a definition of skills in developing metrics for the observation and evaluation of new teachers will require prioritizing these teaching skills 

while developing a rubric or procedures for evaluation. The Conferees intend that such rubrics or procedures be developed through 

consultation and cooperation among teachers, mentors, principals 

and others involved in the process of observation and evaluation. 

The House bill defines the term ‘‘Literacy Coach.’’ The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill define a ‘‘Partner 

Institution’’ as an institution of higher education, which may include a two-year institution of higher education offering a dual program with a four-year institution of higher education that also 

meets additional criteria. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Conferees recognize the essential role that community colleges play in teacher preparation, providing the first two years of 

postsecondary education for many teacher candidates. The Conferees further recognize that two-year institutions of higher education, by definition, provide the initial portion of pre-baccalaureate 

teacher preparation that each candidate must complete at a fouryear institution of higher education. Some two-year institutions of 

higher education, however, have begun to partner with four-year 

institutions of higher education and offer students a path to a baccalaureate degree and full state teacher certification. The Conferees 

intend that to be considered a ‘‘partner institution’’ and therefore, 

part of a partnership eligible to receive funds under this Title, the 

two-year institution of higher education must partner with a fouryear institution of higher education and work together to carry out 

the activities required under this Title. It is, therefore, essential 

that two- and four-year institutions of higher education cooperate 

to ensure that the initial years of pre-baccalaureate preparation offered at each two-year institution of higher education provide 

courses of study that are aligned with curriculum at the four-year 

institution of higher education in order to meet the state requirements for teacher certification. Cooperation between institutions of 

higher education should include a formal agreement to ensure that 

the institutions have developed an articulated transfer policy so 

that teacher candidates beginning at a two-year institution will be 


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adequately supported during completion of their pre-baccalaureate 

preparation at the four-year institution of higher education. 

The Senate amendment and the House bill further define a ‘‘Partner Institution’’ as one that includes a teacher preparation 

program that requires each student meet high academic standards 

and participate in intensive clinical experience. The House bill also 

requires each student to demonstrate such high academic standards. 

The Senate recedes with an amendment to strike ‘‘and demonstrate’’ and insert after ‘‘high academic standards’’, ‘‘, or demonstrate a record of success, as determined by the institution’’. The House bill defines a ‘‘Partner Institution’’ as including a 

teacher preparation program whose participants include current 

teachers who seek ongoing professional development and that requires the faculty of arts and sciences of the partner institution of 

higher education to lead collaborative seminars for the purpose of 

improving student learning and developing curriculum units. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment defines ‘‘Principles of Scientific Research.’’ The House bill contains no similar provision. 

The House recedes with an amendment to the definition that 

provides that the term includes, appropriate to the research being 

conducted, ‘‘strong claims of causal relationships, only with respect 

to research designs that eliminate plausible competing explanations for observed results, which may include random-assignment experiments.’’ The Senate amendment and the House bill contain the same 

definition of ‘‘Scientifically Valid Research.’’ The Senate and the House recede with an amendment to strike 

the word ‘‘accepted’’ with regard to principles of scientific research. 

Both the Senate amendment and the House bill define ‘‘Teacher Mentoring.’’ However, the House bill defines the term to include 

programs that provide training in classroom management. 

The Senate recedes with an amendment to include approaches 

that improve the school-wide climate for learning, such as positive 

behavioral interventions and supports. 

The Senate amendment and the House bill further define 

‘‘Teacher Mentoring’’ to include providing regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill defines ‘‘Teacher Mentoring’’ to include paid release time for mentors. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that mentors 

are provided paid release time ‘‘as applicable.’’

The Senate amendment and the House bill include similar 

definitions of ‘‘Teaching Skills.’’ However, the House bill defines the 

term to include skills that enable the teacher to effectively manage 

a classroom, including the ability to implement positive behavioral 

intervention support strategies. 


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The Senate recedes with an amendment to include in the definition skills that enable a teacher to effectively teach higher-order 

analytical, evaluation, problem-solving, and communication skills, 

and to clarify that skills include the ability to implement positive 

behavioral ‘‘interventions and support strategies.’’

PART A—TEACHER QUALITY PARTNERSHIP GRANTS

Section 201. Purposes 

The Senate amendment and the House bill both modify Section 

201(a)(3) of the HEA. The Senate amendment provides that a purpose of this Section is to hold institutions of higher education accountable for preparing highly qualified teachers. 

The House bill specifies that teacher preparation programs be 

held accountable for preparing highly qualified teachers. 

The Senate recedes with an amendment to clarify that the 

focus of the program be on prospective and new teachers. 

Section 202. Partnership Grants 

The Senate amendment and the House bill retain the current 

standards for authorizing a Partnership Grant program. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill include different 

application requirements. The Senate amendment requires that applications describe the extent to which new teachers will be prepared to understand research and data and its applicability. The 

House bill requires that applications describe how new teachers 

will be prepared to use research and data to improve instruction. 

The House bill requires that applications also provide a description 

of how partnerships will prepare teachers to teach students with 

disabilities and students with limited English proficiency. 

The Senate recedes with an amendment to require that applications also provide a description of how partnerships will 

strengthen the content knowledge and teaching skills of elementary 

and secondary school teachers and train other classroom teachers 

to implement literacy programs that incorporate the essential components of reading instruction. 

The Senate amendment requires partnerships to use funds for 

either a pre-baccalaureate preparation program, a teaching residency program, or both. The House bill adds a leadership development program, and requires that funds be used for at least two of 

the three types of programs. 

The Senate recedes with an amendment to allow partnerships 

to use funds for a leadership development program only in addition 

to either a pre-baccalaureate preparation program or a teaching 

residency program or both. 

The Senate amendment and the House bill describe a ‘‘PreBaccalaureate Preparation Program’’ and require teacher preparation reforms. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill require certain reforms to be directed to specified types of current or prospective 


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teachers. The House bill also includes additional provisions regarding ‘‘Advanced Placement and International Baccalaureate teachers.’’

The Senate recedes. 

The Senate amendment and the House bill require reforms 

that prepare teachers to understand, practice, research, and use 

technology and instructional techniques. The House bill adds 

‘‘strategies, consistent with the principles of universal design for 

learning, and positive behavioral support strategies.’’ The Senate recedes. 

The Senate amendment and the House bill require reforms to 

promote strong teaching skills for early childhood educators including, as applicable, techniques for early childhood educators to improve children’s cognitive, social, emotional, and physical development. The House bill includes the ability to effectively teach higher-order analytical, evaluative, problem-solving, and communication skills. 

The House recedes. 

The Senate amendment and the House bill include a provision 

for required reforms. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill requires that reforms implemented by Pre-Baccalaureate Preparation Programs include general and special education teachers. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill requires that reforms implemented by Pre-Baccalaureate Preparation Programs effectively teach high-order analytical, evaluative, problem solving, and communications skills appropriate for the teacher’s content or specialty area. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill requires that reforms implemented by Pre-Baccalaureate Preparation Programs ensure that prospective teachers 

and early childhood educators can effectively participate in the individualized education program ‘‘process,’’ as defined in section 

614(d)(1)(B) of the Individuals with Disabilities Education Act. 

The Senate recedes with an amendment to clarify that reforms 

include implementing teacher preparation program curriculum 

changes to ensure teachers can effectively participate as a member 

of the individualized education program team. 

The Senate amendment and the House bill contain provisions 

for developing and implementing induction programs and admissions goals. The House bill requires that reforms implemented by 

Pre-Baccalaureate Preparation Programs ensure training of highly 

qualified teachers, which may include training in multiple subjects 

to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities. 

The Senate recedes with an amendment to include training for 

teachers who teach multiple subjects. 

The Senate amendment and the House bill provide that support may include developing admissions goals and priorities. The 

House bill clarifies that these goals and priorities be ‘‘aligned’’ with 


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the hiring objectives of the high-need local educational agency in 

the eligible partnership. 

The Senate recedes. 

The House bill requires that reforms implemented by Pre-Baccalaureate Preparation Programs implement program curriculum 

changes to prepare teachers to teach Advanced Placement or International Baccalaureate courses. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require reforms to 

include, as applicable, implementing program and curriculum 

changes to ensure that prospective teachers have the requisite content knowledge, preparation, and degree to successfully teach Advanced Placement and International Baccalaureate courses. 

The Senate amendment and the House bill require that PreBaccalaureate Preparation Programs provide clinical experience 

and interaction. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill provides that clinical experience and interaction 

may include preparation for meeting the unique needs of teaching 

in rural communities. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that the 

training and experience provision shall apply to preparing teachers 

for both urban and rural communities. 

The Senate amendment and the House bill require that clinical 

experience and interaction provide support and training for those 

individuals participating in an activity for prospective teachers described in this paragraph or paragraph (1). The House bill also applies this requirement to paragraph (3) and the Senate amendment 

applies the requirement to paragraph (2). 

The Senate recedes with an amendment to add ‘‘new’’ teachers, 

in addition to prospective teachers, who shall participate in activities. 

The Senate amendment and the House bill allow support for 

mentor stipends, which may include bonus or differential pay. The 

Senate amendment allows the stipend to include incentive, merit, 

or performance-based pay. The House bill allows the stipend to include incentive pay, based on teachers’ extra skills and responsibilities. 

The House recedes with an amendment to allow funds to be 

used for mentor stipends, which may include bonus, differential, incentive, or performance-based pay, based on teachers’ extra skills 

and responsibilities. 

The Senate amendment and the House bill require that PreBaccalaureate Preparation Programs provide induction programs 

for new teachers, and support and training for participants in early 

childhood education programs. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill require that PreBaccalaureate Preparation Programs provide teacher recruitment. 

The House bill allows recruitment mechanisms to include alternative routes to State certification of teachers. 


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The Senate recedes. 

The House bill places emphasis on recruiting teachers from 

underrepresented populations, rural communities, shortage areas, 

and mid-career professionals. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill requires the development and implementation 

of literacy training programs to train classroom teachers how to 

implement literacy programs. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require the literacy 

training to include training in reading instruction for elementary 

or secondary school teachers, who train or will train classroom 

teachers to implement literacy programs, or who tutor or will tutor 

students with intense individualized reading, writing, and subject 

matter instruction. The literacy training will also provide opportunities for teachers to plan and assess literacy instruction with faculty at institutions of higher education. Such planning time may 

include school leaders and other teachers. 

The Senate amendment and the House bill define a ‘‘Teaching 

Residency Program.’’

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment requires that partnerships modify 

staffing procedures to facilitate the placement of graduates of the 

teaching residency program in cohorts that facilitate professional 

collaboration. 

The House bill requires that such placement be attempted 

where feasible. 

The House recedes with an amendment to require that partnerships carry out a program ‘‘placing graduates’’ in cohorts that 

facilitate professional collaboration. 

The Senate amendment and the House bill ensure that teaching residents who participated in the teaching residency program 

receive certain benefits. 

The Senate and the House recede with a technical amendment. 

The Senate amendment and the House bill describe a teaching 

residency program that requires the selection of mentor teachers 

based on an evaluation that includes observations of a number of 

domains of teaching. The House bill provides that the evaluations 

need not include an observation of all the domains. 

The House recedes with an amendment that evaluation of 

teacher effectiveness shall be based on, ‘‘but not limited to,’’ observations of specified activities, with the reference to teaching domains stricken. 

The Senate amendment and the House bill contain in their descriptions of effective teaching appropriate instruction that engages 

students with different learning styles. The House bill includes students with disabilities. 

The House recedes. 

The House bill states that the admission goals and priorities 

of a teaching residency program may include consideration of applicants who reflect the communities in which they will teach, as well 


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as consideration of individuals from underrepresented populations 

in the teaching profession. 

The Senate amendment contains no similar provision. 

The Senate recedes with technical amendments. 

The Senate amendment and the House bill provide criteria for 

the selection of individuals as teacher residents. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill provide for the 

award of stipends connected to a service requirement. The House 

bill limits the stipend or salary to one year, and requires teaching 

residency candidates to submit an application to obtain a stipend 

or salary. 

The House recedes. 

The Conferees expect and intend that individuals who agree to 

teach in a high-need school after completing a teaching residency 

program will be placed by the partnership into a teaching position 

that satisfies the needs of the local education agency. This placement should meet the subject areas or grade level priorities 

deemed most in need by the local agency and its partners, but with 

full recognition of the needs of the teaching residency program to 

implement practices consistent with ongoing induction and support 

of the new teacher. This recognition may require establishing a priority on placing graduates of the residency program together in cohorts that encourage the effective induction and subsequent retention of these new teachers. 

The Senate amendment and the House bill require that a graduate of the residency program who receives a stipend agree to serve 

three or more years as a teacher in a high-need school served by 

a high-need local education agency in the partnership upon completion of the program. The Senate amendment specifies that applicants serve after completing a one-year teaching residency program. 

The Senate recedes with an amendment to clarify that applicants agree to serve for three years after completing a one-year 

teaching residency program. 

The House bill requires service in a field designated as highneed by the partnership. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that the applicant will teach in a subject or area that is designated as highneed by the partnership. 

The House bill requires that each year or partial year of service in fulfillment of the service requirement be certified by the 

school’s chief administrative officer. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment that the service requirement be certified by the local educational agency’s chief administrative officer. 

The House bill requires that, upon beginning service repayment, a teacher must ‘‘be a highly qualified teacher, as defined in 

Section 9101 of the Elementary and Secondary Education Act of 

1965.’’

The Senate amendment contains no similar provision. 


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The Senate recedes with an amendment to clarify that an applicant must ‘‘meet the requirements to be a highly qualified teacher’’ at the time the applicant begins to fulfill the service agreement. 

The Senate amendment provides that a stipend recipient who 

does not fulfill the service requirement repay the local education 

agency a pro rata portion of the stipend amount for the amount of 

teaching time that an individual does not complete. 

The House bill provides that a recipient who does not fulfill the 

service requirement repay the partnership the amount of the stipend or salary with interest. 

The Senate recedes with an amendment to clarify that the stipend or salary is described in (c)(i), and that the interest shall be 

at a rate specified by the partnership in the agreement. 

The House bill provides terms under which the service agreement may be deferred. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment that adds a provision 

that the terms and conditions specified by the partnership may include reasonable provisions for pro rata repayment of the stipend 

or salary described in (c)(i). 

The House bill requires partnerships to use stipend repayment 

funds for activities that are consistent with the purposes of this 

Subsection. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment allows funds received by a partnership 

to be used for activities described in Subsections (d) and (e) to improve pre-baccalaureate teacher preparation and pre-service training through public television and digital educational content. 

The House bill contains no similar provision. 

The House recedes with an amendment to allow grant funds 

to be used to carry out required activities in partnership with public television or another entity that develops digital educational 

content. 

The Senate amendment and the House bill require consultation, regular communication, and written consent between and 

among members of the partnership and permit the Secretary to approve changes with the written consent of all members of the eligible partnership. Both the Senate amendment and the House bill 

provide that nothing in this Section shall be construed to prohibit 

coordination among partnerships in other states or on a regional 

basis. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment requires that funds under this Section 

be used to supplement, not supplant, other federal, state, and local 

funds. 

The House bill contains no similar provision. 

The House recedes. 

The House bill allows grant funds to be used for the development of a leadership program, which must include activities that 

prepare students for careers as superintendents, principals, or 

other school administrators, as well as activities that promote 

strong leadership skills among other mandatory activities. 


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The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to change all references to education or school administrators to ‘‘school leaders.’’

The requirement to promote strong leadership skills is expanded to 

include specific techniques and requirements. 

Section 203. Administrative provisions 

The Senate amendment and the House bill contain identical 

provisions regarding the duration, number of awards, and payments. The Senate amendment and the House bill charge the Secretary with submitting applications to a peer review panel. 

Senate recedes with an amendment to strike the payment provision. 

The Senate amendment and the House bill put priority on 

broad-based partnerships and equitable geographic distribution. 

The Senate amendment requires both, while the House bill requires either, and further requires that priority be given to partnerships with teacher preparation programs that have a rigorous 

selection process. 

The Senate recedes with an amendment that gives the Secretary the authority to determine priority. 

The Senate amendment and the House bill authorize the Secretary to select the grantees and to determine the amounts of the 

grants. The Senate amendment and the House bill require onehundred percent matching funds from non-federal sources and authorize the Secretary to waive this requirement. The Senate 

amendment and the House bill limit expenditures on administrative activities to two percent of the grant amount. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

Section 204. Accountability and evaluation 

The Senate amendment and the House bill require partnerships to establish an evaluation plan that includes strong performance objectives and measures. 

The Senate recedes with an amendment to insert ‘‘and measurable’’ after ‘‘strong’’. 

The House bill includes, among the performance objectives and 

measures, the number of teachers trained to integrate technology, 

including technology consistent with the principles of universal design for learning, into curricula and instruction. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment making technical 

changes to the House provision on the number of teachers required 

to integrate technology into curricula and instruction, and deleting 

the reference to ‘‘decision making’’ in this Section. 

The Senate amendment and the House bill require partnerships to provide information about the activities funded under this 

part to educational personnel and leadership in surrounding 

schools and to institutions of higher education. Both give the Secretary authority to revoke a grant to partnerships not making 

progress on the purposes, goals, objectives, and measures of the 

grant by the end of the third year. 


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The House and Senate recede with an amendment to require 

the Secretary to cancel the grant if the grantee has not made substantial progress in meeting the goals and objectives of the grant 

after three years. 

The Senate amendment and the House bill require the Secretary to evaluate activities funded under this Part, report findings 

to the authorizing committees, and to broadly disseminate information on successful and ineffective practices. The Senate amendment 

requires the Secretary to report the findings regarding the activities while the House bill requires the Secretary to report the findings regarding the evaluation of such activities. 

The Senate recedes. 

Section 205. Accountability for programs that prepare teachers 

The Senate amendment and the House bill require institutions 

of higher education receiving federal assistance under the Higher 

Education Act to report annually to the state and the general public a Report Card containing a variety of information on traditional 

teacher preparation programs and alternative routes to state certification. Both require the Report Card to contain pass rates and 

scaled scores for students who took teacher certification assessments and are enrolled in or completed a program. The Senate 

amendment and the House bill require that the Report Card contain for each of the assessments used by the state the percentage 

of students at each institution of higher education who have completed one-hundred percent of their non-clinical course work and 

passed the assessment; the percentage of all students at all institutions of higher education who have passed their assessment; the 

percentage of students taking an assessment who enrolled in and 

completed a program; and the average scaled score for all students 

who took an assessment. 

The Senate recedes with an amendment to add to the Report 

card requirements a new subparagraph on goals and assurances requiring information on whether goals under Section 206 have been 

met, the activities the institution took to implement the goals, a description of the steps the institution is taking to improve its efforts 

to meet the goals, and a description of the activities the institution 

has implemented to meet the assurances required by Section 206. 

The Senate amendment requires that the percentage of students taking an assessment that enrolled in and completed a program be made available widely and publicly by the state. 

The House bill contains a similar provision but does not require the information be made publicly available. 

The Senate recedes. 

The Senate amendment and the House bill require that the Report Card contain the average scaled score, a comparison of the 

program’s pass rates, and a comparison of the programs average 

scaled scores. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill require that the Report Card contain program information. The House bill further requires information on the number of students in the program 

disaggregated by race, ethnicity, and gender. 


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The Senate recedes. 

The Senate amendment and the House bill require that the Report Card contain a statement on approval or accreditation of 

teacher preparation programs. The Senate amendment and the 

House bill also require that the Report Card contain information 

on programs designated as low-performing. 

The Conferees adopt the provision proposed by both the Senate 

and the House. 

The Senate amendment and the House bill require that the Report Card contains information on the use of technology. The House 

bill further requires that the Report Card contain information on 

the training of general and special education teachers. 

The Senate recedes with an amendment to include technology 

consistent with the principles of universal design for learning in 

the description required regarding the use of technology, and to 

eliminate ‘‘decision making’’ as an improvement sought by the use 

of technology. 

The Senate amendment and the House bill require that partnerships report annually on the progress made toward meeting the 

purposes of this Part and the objectives in Section 204(a). The Senate amendment and the House bill authorize the Secretary to impose a fine of up to $25,000. 

The Senate and the House recede with an amendment to increase the fine amount to $27,500. 

The Senate amendment and the House bill require each state 

receiving federal assistance under the Higher Education Act to report annually to the Secretary a state Report Card containing a variety of information on traditional teacher preparation programs 

and alternative routes to state certification. 

The Senate recedes with an amendment to require states to 

make the state Report Card mandated by this section widely available to the general public. 

The Senate amendment and the House bill require that the 

state Report Card contain a description of the reliability and validity of the teacher certification and licensure assessments. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill contain similar provisions requiring that the state Report Card identify the standards 

and criteria that prospective teachers must meet to attain initial 

teacher certification. 

The Senate recedes. 

The Senate amendment and the House bill require that the 

state Report Card contain a description of how the assessments 

and requirements described in subparagraph (A) are aligned with 

the state’s challenging academic content standards required under 

Section 1111(b)(1) of the Elementary and Secondary Education Act. 

The Senate amendment and the House bill also provide that the 

state Report Card contain for each of the assessments used by the 

state: the percentage of students at each institution of higher education who have completed one-hundred percent of their non-clinical course work and passed the assessment; the percentage of all 

students at all institutions of higher education who have passed 


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their assessment; and the percentage of students taking an assessment who enrolled in and completed a program. 

The Senate recedes with an amendment to include the average 

scaled scores of individuals participating in the program. 

The Senate amendment requires that the percentage of students taking an assessment that enrolled in and completed a program be made available widely and publicly by the state. 

The House bill contains a similar provision, except that it does 

not require such information to be made widely and publicly available. 

The Senate recedes. 

The Senate amendment and the House bill contain similar provisions requiring that the state Report Card include a description 

of alternative routes to certification, except that the Senate amendment refers to ‘‘State certification’’ and the House bill refers to 

‘‘teacher certification.’’

The Senate recedes. 

The Senate amendment and the House bill require that the 

state Report Card contain the criteria for admission into the program and the number of students in the program, disaggregated by 

race and gender. The House bill also requires disaggregation of program participants by ethnicity. 

The Senate recedes. 

The Senate amendment and the House bill contain similar provisions requiring the state Report Card to provide a description of 

the extent to which teacher preparation programs are helping to 

address shortages of highly qualified teachers. 

The House recedes with a technical amendment to strike ‘‘helping to’’ and to change ‘‘address’’ to ‘‘addressing.’’

The House bill requires that the state Report Card contain a 

description of the activities that prepare general and special education teachers to effectively teach students with disabilities. 

The Senate amendment contains no similar provision. 

The Senate recedes with a technical amendment to strike the 

phrase ‘‘A description of the activities that prepare general and 

special education teachers’’ and replace it with ‘‘The extent to 

which teacher education programs prepare teachers, including general and special education teachers.’’

The Senate amendment and the House bill require that the 

state Report Card contain a description of the activities that prepare teachers to effectively integrate technology into curricula and 

instruction. 

The Senate recedes with a technical amendment to move ‘‘effectively’’ from before ‘‘integrate technology’’ to after ‘‘integrate 

technology’’, to insert ‘‘including technology consistent with the 

principals of universal design for learning’’ after ‘‘curricula and instruction’’ and to insert ‘‘and’’ after ‘‘, learning’’, and to strike ‘‘and 

decision making’’. 

The House bill requires that the state Report Card contain a 

description of the activities that prepare general education and special education teachers to effectively teach students with limited 

English proficiency. 

The Senate amendment contains no similar provision. 


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The Senate recedes with a technical amendment to insert 

‘‘teachers, including’’ after ‘‘that prepare’’ and to insert a comma 

after ‘‘special education teachers.’’

The Senate amendment and the House bill prohibit the Secretary from creating a national list or ranking of states, institutions of higher education, or schools. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The House bill requires the Secretary to ‘‘prescribe regulations 

requiring practices and procedures to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this 

Section.’’

The Senate amendment contains no similar provision. 

The Senate recedes with a technical amendment to strike ‘‘requiring practices and procedures.’’

The Senate amendment and the House bill require the Secretary to report to Congress on the quality of teacher preparation 

in the United States. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 206. Teacher development 

The Senate amendment and the House bill require that each 

institution of higher education that conducts a traditional teacher 

preparation program set annual quantifiable goals. The Senate 

amendment further establishes this requirement as a condition of 

receiving assistance under Title IV of the Higher Education Act. 

The Senate recedes. 

The Senate amendment and the House bill require that one 

quantifiable goal be to increase the number of prospective teachers 

trained in teacher shortage areas. The Senate amendment provides 

that shortage areas are designated by the Secretary, while the 

House bill provides that state educational agencies make that designation. 

The Senate and the House recede with an amendment to allow 

shortage areas to be designated by either the Secretary or the state 

educational agency. 

The Senate amendment and the House bill require that one 

quantifiable goal be to more closely link the training provided by 

the institution of higher education with the needs of schools and 

the instructional decisions new teachers face in the classroom. 

The Senate and the House recede with an amendment to make 

this requirement an assurance mandated by Subsection (b), and included as a new paragraph (2) to read as follows: ‘‘training provided to prospective teachers is closely linked with the needs of 

schools and the instructional decisions new teachers face in the 

classroom.’’

The Senate amendment and the House bill require that each 

institution of higher education that conducts a traditional teacher 

preparation program provide certain assurances to the Secretary. 

The Senate amendment links this requirement to receipt of assistance under Title IV of the Higher Education Act. 

The Senate recedes. 


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The Senate amendment and the House bill require that each 

institution of higher education that conducts a traditional teacher 

preparation program provide assurances to the Secretary that prospective teachers receive training on how to effectively teach in 

urban and rural schools. The House bill limits this requirement as 

applicable. 

The Senate recedes. 

The Senate amendment and the House bill require public reporting. 

The Senate and the House recede with an amendment to strike 

the reporting requirement in this Subsection and add a new Subsection (c), captioned ‘‘Rule of Construction’’ that provides as follows: ‘‘Nothing in this Section shall be construed to require an institution of higher education to create a new teacher preparation 

area of concentration or degree program or adopt a specific curriculum in complying with this Section.’’

Section 207. State functions 

The Senate amendment and the House bill contain similar provisions requiring that states have in place a procedure to identify 

low-performing programs of teacher preparation and to provide 

those programs with technical assistance. 

The Senate recedes with an amendment to modify Section (a) 

to begin ‘‘In order to receive funds under this Act, a State shall 

conduct an assessment to identify low-performing programs of 

teacher preparation and assist such programs through the provision of technical assistance.’’ The House bill provides that levels of performance of teacher 

preparation programs shall be determined solely by the state and 

may include progress in increasing the percentage of highly qualified teachers, improving student achievement, and raising the 

standards for entry into the teaching profession. 

The Senate amendment contains a similar provision. 

The Senate recedes with an amendment to change ‘‘student 

achievement’’ to ‘‘student academic achievement’’ and to change ‘‘all 

students’’ to ‘‘elementary and secondary students.’’

The Senate amendment and the House bill contain identical 

language on the termination of eligibility, negotiated rulemaking, 

and on the application of the requirements. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

Section 208. General provisions 

The Senate amendment and the House bill require the Secretary to ensure the use of fair and equitable methods in reporting 

and that the reporting methods do not allow identification of individuals. The Senate amendment and the House bill also include a 

special rule for states that do not use content assessments as a 

means of ensuring that all teachers teaching in core academic subjects are highly qualified, as required under Section 1119 of the Elementary and Secondary Education Act. The Senate amendment 

and the House bill further require state educational agencies that 

receive Higher Education Act funds to provide to a teacher preparation program, upon the request of the program, any and all pertiVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00490 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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nent education-related information possessed or controlled by or accessible to the state agency that may enhance the effectiveness of 

the program. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 209. Authorization of appropriations 

The Senate amendment authorizes for Part A such sums as 

necessary for fiscal year 2008 and five succeeding fiscal years. 

The House bill authorizes for Part A $300,000,000 for fiscal 

year 2009 and such sums for two succeeding fiscal years. 

The Senate recedes. 

PART B—ENHANCING TEACHER EDUCATION

Section 230. Authorizations of appropriations 

The House bill establishes an authorization level of such sums 

as necessary for Part B programs for fiscal year 2009 and each of 

the five succeeding years. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to authorize such 

sums for fiscal year 2009 and each of the five succeeding fiscal 

years. 

SUBPART 1—PREPARING TEACHERS FOR DIGITAL LEARNERS

The House bill replaces the existing Part B, Preparing Teachers to use Technology, and establishes a new Part B program, ‘‘Preparing Teachers for Digital Age Learners,’’ that would pay the federal share of the costs of projects to graduate teacher candidates 

who are prepared to use modern information, communication, and 

learning tools; to strengthen and develop partnerships among the 

stakeholders in teacher preparation; and to assess the effectiveness 

of departments, schools, and colleges of education. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Conference agreement contains language to ensure that 

funds under section 232 can be used to, ‘‘build the skills of teacher 

candidates to support technology-rich instruction, assessment and 

learning management in content areas, technology literacy, an understanding of the principles of universal design, and the development of other skills for entering the workplace.’’

The Conferees intend the term ‘‘technology literacy’’ to include 

student knowledge and skills in using contemporary information, 

communication, and learning technologies in a manner necessary 

for successful employment, life-long learning and citizenship in the 

knowledge-based, digital, and global 21st century, which includes, 

at a minimum, the ability to use technology to: (1) Effectively communicate and collaborate with others in a safe and ethical manner; 

(2) Analyze and solve problems, including the application of the engineering design process; (3) Access, evaluate, manage, and create 

information and otherwise gain information literacy; and (4) Demonstrate creative thinking, construct knowledge, and develop innovative products and processes. 


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SUBPART 2—THE AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE

The House bill establishes a new program for the creation of 

Augustus F. Hawkins Centers of Excellence at Historically Black 

Colleges and Universities (HBCUs) and Minority Serving Institutions (MSIs). The purposes of these Centers are to increase teacher 

recruitment at HBCUs and MSIs and to make institutional improvements to teacher preparation programs at such institutions of 

higher education. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

SUBPART 3—PREPARING GENERAL EDUCATION TEACHERS TO MORE

EFFECTIVELY EDUCATE STUDENTS WITH DISABILITIES

The House bill establishes a new Teach to Reach program, a 

competitive grant program for eligible partnerships to improve the 

preparation of general education teacher candidates in order to 

more effectively teach students with disabilities. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

SUBPART 4—ADJUNCT TEACHER CORPS

The House bill establishes a new program called the Adjunct 

Teacher Corps, a competitive grant program for local education 

agencies or local education agency partnerships to help recruit and 

train math, science, and critical foreign language specialists to 

serve as adjunct content specialists in support of teachers. Grants 

last five years and must be matched one-hundred percent by nonfederal sources. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

SUBPART 5—GRADUATE FELLOWSHIP TO PREPARE FACULTY IN HIGH

NEED AREAS AT COLLEGES OF EDUCATION

The House bill includes a provision under Title VII to establish 

a priority under the Graduate Assistance in Areas of National 

Need (GANN) program to fund eligible grantees aimed at educating 

individuals to become professors in the fields of special education, 

bilingual education and math and science education. 

The Senate includes no similar provision. 

The Senate recedes with an amendment to create a new program under Title II to establish graduate fellowships to prepare individuals to become university faculty who will prepare highly 

qualified teachers in fields of special education, bilingual education 

and English as a second language, mathematics and science. 

The Conferees recognize the critical shortage of faculty in 

teacher preparation programs in these areas. This program will ensure that teacher preparation programs have the capacity to prepare highly qualified teachers in these high need fields. 


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PART C—GENERAL PROVISIONS

Section 261. Limitations 

The Senate amendment and the House bill include similar provisions that indicate that nothing in this Title (Senate) or Part 

(House) shall be construed to authorize federal control over private, 

religious, or home schools, however defined under state law. The 

Senate amendment also provides that nothing in this title shall be 

construed to authorize the Secretary to establish any national system of teacher certification or licensure. 

The House recedes. 

The Conferees intend that nothing in this section shall be constructed to limit individual states from collaborating with other 

states to update, revise, or create state systems of teacher certification or licensure, create similar or identical certification or licensure requirements, or establish certification or licensure reciprocity 

agreements. 

The House bill provides that nothing in this Title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under 

federal, state, or local laws (including applicable regulations or 

court orders), or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between 

such employees and their employers, including the right of the employees to engage in collective bargaining with their employers. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to align the language 

with a similar provision in the Elementary and Secondary Education Act. 

TITLE III—INSTITUTIONAL AID 

Section 301. Program purpose 

The Senate amendment and the House bill contain similar provisions regarding the expansion of authorized activities under Part 

A. The Senate amendment includes remedial education and 

English language instruction courses as part of any innovative, customized courses designed to help students with program completion. 

The Senate recedes with an amendment to add remedial education and English language instruction as part of any innovative, 

customized courses designed to help students with program completion. 

Section 302. Definitions; eligibility 

The Senate amendment corrects a cross reference in the institutional eligibility definition by removing the reference to Subsection (c), which defines the term ‘‘endowment fund,’’ and instead 

referring to Subsection (d), which defines the term ‘‘enrollment of 

needy students.’’

The House bill contains no similar provision. 

The House recedes. 


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Section 303. American Indian tribally controlled colleges and universities 

The Senate amendment and the House bill redefine a Tribal 

College or University (TCU) as an institution that qualifies for 

funding under the Tribally Controlled College and University Assistance Act (TCCUAA) or the Navajo Community College Assistance Act of 1978 or, that is cited in Section 532 of the Equity in 

Educational Land-Grant Status Act (EELGSA). The Senate amendment and the House bill amend the list of authorized activities and 

programs of a TCU and authorize the acquisition of real property 

adjacent to a TCU campus. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The House bill allows faculty exchanges and fellowships to assist faculty with attaining a degree in tribal governance or policy. 

The House bill also permits funds to be used to provide academic 

instruction in tribal governance or tribal public policy. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The Senate amendment allows funds to be used for education 

and counseling services to improve the financial and economic literacy of students or their families, and developing distance education technologies. 

The House bill contains a similar provision with respect to distance education technologies. 

The House recedes. 

The Senate amendment and the House bill amend the application process. The Senate amendment specifies that the Secretary 

shall establish application requirements in a manner that simplifies and streamlines the process. 

The House recedes with an amendment to clarify that the 

streamlined process requirement applies to grants under this Section. 

The Senate amendment and the House bill establish a new allocation formula whereby the Secretary may reserve thirty percent 

of the appropriations for one-year construction, maintenance and 

renovation grants of not less than $1,000,000. The House requires 

such reservation to begin with fiscal year 2009. 

The House recedes. 

The Senate amendment and the House bill provide that the 

Secretary shall give preference to institutions that have not received a prior award. The House bill specifies that such preference 

applies to institutions that have not received an award under this 

Section for a previous fiscal year. 

The Senate recedes. 

The Senate amendment and the House bill specify that of any 

remaining funds, sixty percent shall be allocated to eligible institutions based on Indian student count and forty percent equally distributed among eligible institutions. The minimum grant amount is 

$500,000. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill specify that no 

TCU that is eligible for and receives funds under this Section shall 


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concurrently receive funds under other provisions of this Part or 

Part B. 

The Senate and the House recede with an amendment to clarify that a TCU receiving funds under this Part shall not concurrently receive funds under this Part, Part B, and Title V. 

The Senate amendment and the House bill provide that the 

wait-out period (Section 313(d) of the Higher Education Act (HEA)) 

shall not apply to institutions that are eligible for funds under this 

Section. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 304. Alaska Native and Native Hawaiian-serving institutions 

The Senate amendment expands the authorized activities to include education or counseling services designed to improve the financial and economic literacy of students or their parents. 

The House bill contains no similar provision. 

The House recedes with an amendment to strike ‘‘students’

parents’’ and insert ‘‘students’ families.’’

Section 305. Predominantly Black institutions 

The Senate amendment defines ‘‘educational and general expenditures,’’ for purposes of this Section, as the term is defined in 

Section 312 of the Higher Education Act (HEA). Additionally, the 

Senate amendment specifies that the Secretary’s existing waiver 

authority described in Section 392(b) of the HEA is applicable 

under this program. 

The House bill contains no similar provisions. 

The House recedes. 

The Senate amendment and House bill have similar provisions 

with respect to waiving the requirement that eligible institutions 

have low, per full-time equivalent undergraduate student expenditures relative to the average educational and general expenditure 

per full-time equivalent undergraduate students at institutions 

that offer similar instruction. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment and House bill include similar definitions of ‘‘enrollment of needy students’’. The Senate amendment 

counts students who attended a public or nonprofit secondary 

school in a district that was eligible for assistance under Part A of 

Title I in ESEA and where enrollment of students counted under 

Section 1113(a)(5) of ESEA exceeds thirty percent. The House bill 

includes students who attended a secondary school that was a high 

need school during any year of the student’s attendance. 

The House recedes. 

The Senate amendment specifies that the Secretary shall give 

priority to institutions with large numbers or percentages of students described in Subsections (b)(2)(A). 

The House bill contains no similar provision. 

The House recedes. 


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The House bill specifies that the Section 393 (Application Review Process) of the HEA does not apply to Predominantly Black 

Institution applicants. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill specifies that no Predominantly Black Institution (PBI), as defined under 318, that applies for and receives funding under this Section may receive assistance under Part B of this 

Title. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that a PBI 

receiving funds under this Part should not concurrently receive 

funds under other provision of this Part, Part B, and Title V. 

The Senate amendment authorizes appropriations of such 

sums as may be necessary for fiscal year 2008 and each of the five 

succeeding fiscal years. 

The House bill provides an authorization of appropriations in Title III of $75,000,000 for fiscal year 2009 and such sums as may 

be necessary for each of the four succeeding fiscal years. 

The Senate and the House recede with an amendment to authorize $75,000,000 for fiscal year 2009 and such sums as may be 

necessary for each of the five succeeding years. 

Section 306. Native American-Serving, nontribal institutions. 

The Senate amendment and the House bill establish a new 

program for Native American-serving, nontribal institutions of 

higher education to improve and expand the institutions’ capacity 

to serve Native Americans. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House with an amendment to clarify that grants 

shall be used by Native American-serving, nontribal institutions of 

higher education to serve Native Americans and low-income individuals. 

The Senate amendment specifies a minimum grant amount of 

$200,000 for grants under Title III. 

The House bill contains no similar provision. 

The House recedes with an amendment to clarify that the minimum grant provision applies only to this Section. 

Section 307. Assistance to Asian American and Native American 

Pacific Islander-serving institutions 

The House bill establishes a new grant program for Asian 

American and Native American Pacific Islander-serving institutions. Grantees are authorized to use funds for activities similar to 

those authorized for other Title III grantees. The House bill specifies that the Secretary shall ensure equitable distribution of the 

grants among all eligible institutions of higher education and shall 

give priority to institutions of higher education that serve a significant percentage of Asian American or Native American Pacific Islander students. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to clarify that grants 

shall be used by Asian American and Native American Pacific Islander-serving institutions of higher education to serve Asian 


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Americans, Native American Pacific Islanders and low-income individuals. 

Section 308. Part B definitions 

Both the Senate amendment and the House bill require the 

Secretary to consult with the Commissioner of the National Center 

for Education Statistics (NCES) regarding the professional and academic areas in which blacks are underrepresented. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 309. Grants to institutions 

The Senate amendment corrects a cross reference to the authorization of funds, by striking ‘‘360(a)(2)’’ and inserting ‘‘399(a)(2).’’ The House bill contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill expand the list of 

authorized activities to include funding for education or counseling 

services designed to improve financial and economic literacy of students or their parents. The House bill specifies that such information shall focus on student indebtedness and student assistance 

programs under Title IV. The House bill additionally authorizes 

the acquisition of real property in connection with the construction, 

renovation, or addition to or improvement of campus facilities. 

The Senate recedes with an amendment to strike ‘‘parents’’ and insert ‘‘families.’’ The House bill additionally authorizes technical assistance or 

services necessary for the implementation of activities described in 

the grant application. Not more than two percent of the grant 

amount may be used for this purpose. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike technical assistance. 

Section 310. Allotments 

The House bill changes the minimum allotment. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 311. Professional or graduate institutions 

The House bill specifies that any funds awarded for the five 

year grant period authorized under this Section and that are obligated during such five year period may be expended during the ten 

year period beginning on the first day of such five year period. 

The Senate amendment contains no similar provision. 

The Senate amendment and the House bill authorize the acquisition of real property in connection with the construction, renovation, addition to, or improvement of campus facilities. The 

House bill does not specify that such property be adjacent to the 

campus. 

The House recedes. 

The Senate amendment and the House bill authorize education 

or counseling services designed to improve the financial and ecoVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00497 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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nomic literacy of students or their parents. The House bill requires 

that such information focus on student indebtedness and student 

assistance programs under Title IV. 

The Senate recedes with an amendment to strike ‘‘parents’’ and insert ‘‘families.’’ The Senate amendment authorizes tutoring and counseling 

services to improve academic success. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment includes additional requirements regarding the application. 

The House bill contains no similar provision. 

The House recedes. 

The House bill authorizes funds to be used for technical assistance or services necessary for the implementation of the activities 

described in the grant application. Not more than two percent of 

the grant amount may be used for this purpose. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike technical assistance. 

The Senate amendment and the House bill expand the list of 

eligible graduate and professional schools/programs under Part B 

of Section 326 of the HEA. The Senate amendment adds qualified 

graduate programs at Alabama State University, Coppin State 

University, Prairie View A&M University, Fayetteville State University, Delaware State University;; Langston University, West 

Virginia State University, Kentucky State University, and Grambling State University. The House bill adds Alabama State University; Bowie State University, Delaware State University; Langston 

University; Prairie View A&M University, and the University of 

the District of Columbia Law School. 

The Senate recedes. 

Under current law any funds in excess of $28,600,000 are 

made available to institutions using a formula with various factors. 

The Senate amendment amends the allocation formula with respect 

to the number of students enrolled in the qualified graduate programs of the eligible institution or program, for which the institution or program received and allocated funding under this Section 

in the preceding year. 

The House bill contains no similar provision. 

The Senate amendment includes as an element of the formula 

developed by the Secretary the percentage of students at the institution who are Black American students and minority students receiving their first professional, master’s, or doctoral degree from 

the institution of higher education or program in the academic year 

preceding the academic year for which the determination is made, 

represents of the total number of Black American students and minority students in the United States who receive their first professional, master’s, or doctoral degree in the professions or disciplines 

related to the course of study at such institution or program, respectively, in the preceding academic year. 

The House bill contains no similar provision. 

The House recedes with an amendment to strike references to 

‘‘Black American’’ and insert ‘‘African American.’’


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The House bill changes the funding reservation structure to re- serve the first $54,500,000 appropriated for the eighteen grantees 

listed prior to 2008, and reserves $6,000,000 for the six institutions 

added by the House bill. 

Section 312. Unexpended funds 

The House bill provides that any funds paid to an institution 

of higher education that are not expended or used for the purposes 

for which the funds were paid during the five year period following 

the date of the initial grant award, may be carried over and expended during the succeeding five year period, if such funds were 

obligated for a purpose for which the funds were paid during the 

five year period following the date of the initial grant award. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 313. Endowment challenge grants 

The House bill increases the maximum grant amount to $1,000,000 and the minimum grant amount to $100,000. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 314. Historically Black college and university capital financing 

The House bill amends the definition of a ‘‘capital project’’ by 

clarifying that such project includes the construction or acquisition 

of a facility, equipment or fixture that is essential to maintaining 

the accreditation of the institution by an accrediting agency or association recognized by the Secretary. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike the reference 

to a ‘‘nationally recognized accrediting agency or association’’ in 

current law. 

The House bill amends the definition of ‘‘designated bonding 

authority’’ to include ‘‘any private, for-profit corporation selected by 

the Secretary,’’ rather than ‘‘the private, for-profit corporation selected by the Secretary’’, in order to allow multiple bonding authorities to operate concurrently. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill further amends the definition of ‘‘designated 

bonding authority’’ to clarify that bonds issued by such authority 

are for the purposes of financing capital projects. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill includes definitions of ‘‘eligible foundation’’ and 

‘‘borrower.’’

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill reduces to one percent the current maximum of 

two percent of the proceeds from qualified bonds that the designated bonding authority may retain for issuing bonds. 

The Senate amendment contains no similar provision. 

The House recedes. 


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The House bill specifies that the designated bonding authority 

may not charge interest on loans in excess of one percent. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill specifies that, for loans closed before June 15, 

2008, any remaining loan proceeds deposited in escrow that are 

made available to the Secretary to pay principal and interest on 

bonds in the event of delinquency in repayment shall be returned 

to the borrower within ninety days of the scheduled repayment of 

the loan. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to eliminate the restriction on the applicability of the provision to loans closed by a 

date certain, to provide that any remaining loan proceeds deposited 

in escrow shall be returned to the borrower within 120, rather than 

ninety days of the scheduled repayment of the loan, and to update 

a reference in current law with respect to the amount of loan proceeds that are deposited in escrow. 

The House bill specifies that any loan collateralization shall 

not exceed one-hundred percent of the loan amount. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to allow loan 

collateralization to exceed one-hundred percent only if required by 

the Secretary. 

The House bill specifies that, for loans closed after June 15, 

2008, the designating bonding authority shall establish a reserve 

account into which shall be deposited an origination fee of one percent with respect to each loan. The account shall be available to 

the Secretary to pay principal and interest on bonds in the event 

of delinquency in loan repayment. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill provides for loan forbearance and deferment on 

terms agreed to in writing between the designated bonding authority and a borrower, subject to the approval of the Secretary in consultation with the Historically Black Colleges and Universities 

(HBCU) Capital Financing Advisory Board. 

The Senate amendment contains no similar provision. 

The House recedes. 

With respect to the limitations on federal insurance for bonds 

issued by the designated bonding authority, the House bill increases the maximum amount of aggregate principal and accrued 

unpaid interest that may be outstanding at any time from 

$375,000,000 to $1,100,000,000 and, of this amount, allots 

$733,333,333 for loans to private HBCU’s and $366,666,666 for 

loans to public HBCU’s. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to increase the allotment for loans to public HBCU’s to $366,666,667. 

The House bill directs the Secretary to specify up to three designated bonding authorities authorized under Part D and to provide for periodic review of designated bonding authority authorizations no less frequently than every three years. 

The Senate amendment contains no similar provisions. 


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The Senate recedes with an amendment to strike the requirement that the Secretary specify up to three designated bonding authorities, and insert a requirement that the Secretary ensure that 

the selection process for the designated bonding authority is conducted on a competitive basis and that the evaluation and selection 

process is transparent. The Secretary is directed to review the performance of the designated bonding authority after the third year 

of the insurance agreement and to implement a revised competitive 

selection process if determined necessary by the Secretary, in consultation with the HBCU Capital Financing Advisory Board. 

The Senate amendment requires that not later than ninety 

days after the date of enactment of the [Short Title], the Secretary 

shall submit to the authorizing committees a report on the progress 

of the Department of Education in implementing the recommendations made by the Government Accountability Office (GAO) in October 2006, for improving the HBCU Capital Financing Program. 

The House bill contains no similar provision. 

The House recedes with an amendment to provide the Secretary 120 days after the date of enactment of this Act to submit 

the report to the authorizing committees. 

The Conferees recognize the prominent role that HBCU’s have 

played in our Nation’s history. The Conferees also appreciate that 

the HBCU Capital Financing Program has helped to strengthen 

HBCU’s by providing access to low-cost financing to fund infrastructure improvements. The Conferees intend for the Secretary to 

implement improvements that will further enhance the program for 

HBCU’s, including those identified by the GAO in its October 2006 

report on the program. The Conferees also intend for the Secretary 

to continue the Department of Education’s reported efforts to explore other options to improve the program. In particular, the Conferees intend for the Secretary to explore alternative methods of 

compensating the designated bonding authority that would reduce 

the cost of bond issuance incurred by participating HBCU’s, while 

simultaneously ensuring that the compensation is sufficient to ensure interest on the part of companies to compete to become the 

program’s designated bonding authority. Currently, HBCU’s that 

participate in the program pay up to two percent of the proceeds 

of bonds issued to the designated bonding authority. The Conferees 

intend for the Secretary to consider, among other options, a fee 

structure that would charge up to two percent of the proceeds from 

bond issuance but not above a reasonable amount (to be determined after an assessment of the actual costs of bond issuance). To 

ensure continued improvements are made to the program and that 

it is meeting the needs of HBCU’s, the Conferees intend to engage 

in robust oversight of the Department of Education’s administration of the program. 

The House bill increases from nine to eleven the number of 

members of the HBCU Capital Financing Advisory Board, increases from two to three the number of members required to be 

presidents of public HBCU’s, and designates the President of the 

Thurgood Marshall Scholarship Fund as a member of the Advisory 

Board. 

The Senate amendment contains no similar provision. 


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The Senate recedes with an amendment to strike ‘‘Scholarship’’ and insert ‘‘College’’ to correct the Title of the Thurgood Marshall 

College Fund. 

Section 315. Programs in STEM fields 

The House bill creates a new subpart 2, ‘‘Programs in STEM 

Fields’’, and a new YES Partnership Grant, that provides support 

to eligible partnerships for minority youth engagement in science, 

technology, engineering and mathematics, through outreach and 

experiential learning. The partnership must include at least one institution of higher education eligible for assistance under Title III 

or V, at least one high-need local education agency; and at least 

two community organizations. The House bill specifies a minimum 

grant amount of $500,000. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The House bill amends Section 361(4) of the HEA, eligibility 

for grants, to clarify that public institutions of higher education 

may be included in the consortia. The House bill also includes research laboratories at the Department of Defense or the National 

Science Foundation as possible partners in the consortia. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to clarify that institutions of higher education include both public and private institutions; to replace the research laboratories affiliated with the National Science Foundation with laboratories affiliated with the National Institutes of Health, and to expand eligibility to relevant divisions or offices of NASA, the National Oceanic and Atmospheric 

Administration, the National Science Foundation, and the National 

Institute of Standards and Technology. 

Section 316. Investing in historically Black colleges and universities 

and other minority serving institutions 

The House bill includes a provision to move Part J of Title IV 

of the College Cost Reduction and Access Act to Title III. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 317. Technical assistance 

The House bill authorizes the Secretary to provide technical 

assistance to eligible institutions to prepare them to qualify, apply 

for and maintain a grant under Title III. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 318. Waiver authority 

The House bill provides the Secretary with waiver authority 

for institutions that are located in an area affected by a Gulf Hurricane. Specifically the Secretary shall waive the following for each 

fiscal year 2009 through 2013: the data requirements for eligibility 

under Section 312 (b) of the HEA; the wait-out period for Part A 

grants; allotment requirements for Part B; and the use of the funding formula for the historically Black college and university graduate and professional institutions. The House bill makes available 


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to each affected institution of higher education an amount that is 

not less than the amount made available to such institutions under 

this Title for fiscal year 2006. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to provide for a ratable reduction in the event of reduced appropriations and to change 

the waiver extension to three mandatory years and two permissible 

years. 

The House bill includes TCU’s in the definition of an affected 

institution. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill includes in the definition of an affected institution Alaskan Native-serving and Native Hawaiian-serving institutions. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill defines ‘‘area affected by a Gulf hurricane disaster’’ and ‘‘Gulf hurricane disaster’’ as they are defined in Section 

209 of the Higher Education Hurricane Relief Act of 2005. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 319. Authorization of appropriations 

The Senate amendment authorizes ‘‘such sums as may be necessary’’ for all Title III programs for fiscal year 2008 and each of 

the five succeeding years. 

The House bill provides specific sums for fiscal year 2009 and 

such sums as may be necessary for each of the four succeeding 

years. 

The Senate recedes with an amendment to authorize appropriations for fiscal year 2009 of: $135,000,000 for Part A other than 

American Indian Tribally Controlled Colleges and Universities, 

$75,000,000 for Predominantly Black Institutions, $30,000,000 for 

American Indian Tribally Controlled Colleges and Universities, 

$15,000,000 for Alaska Native and Native Hawaiian-Serving Institutions, $30,000,000 for Assistance to Asian American and Native 

American Pacific Islander-Serving Institutions, $25,000,000 for Native American-Serving, Nontribal Institutions, $375,000,000 for 

Strengthening Historically Black Colleges and Universities, 

$125,000,000 for Historically Black Graduate Institutions, 

$10,000,000 for Endowment Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B, $185,000 for Historically Black College and University Capital Financing, such sums as 

necessary for Technical Assistance, $12,000,000 for the Minority 

Science and Engineering Improvement Program, and such sums as 

may be necessary for YES Partnership Grants, and such sums as 

may be necessary for each of the five succeeding fiscal years for 

each program. 

Section 320. Technical corrections 

The Senate amendment and the House bill are identical with 

respect to the technical amendments. 


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The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

TITLE IV—STUDENT ASSISTANCE 

PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF

HIGHER EDUCATION

Section 401. Federal Pell grants 

The Senate amendment extends the program authority for Pell 

to 2013. 

The House bill has no similar provision. 

The Senate recedes. 

The Senate amendment increases the authorized maximum 

Pell award as follows: $5,400 for academic year 2008–2009; $5,700 

for 2009–2010; $6,000 for 2010–2011; and $6,300 for 2011–2012. 

The House bill increases the authorized maximum Pell award to 

$9,000 for each of the academic years. 

The Senate and House recede with an amendment to increase 

the authorized maximum Pell award as follows: $6,000 for the academic year 2009–2010; $6,400 for 2010–2011; $6,800 for 2011–

2012; $7,200 for 2012–2013; $7,600 for 2013–2014 and $8,000 for 

2014–2015. 

The Senate amendment changes the minimum Pell award to 

ten percent of the appropriated maximum Pell award. 

The House contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill authorize a yearround Pell grant. The Senate amendment provides up to two Pell 

grant awards in a single academic year for students who enroll at 

least half-time in a four-year or two-year program of instruction. 

The House bill is the same except that it allows a student enrolled 

in certificate program to be eligible for year-round Pell grants. 

The House recedes with an amendment to specify that students enrolled in a certificate or diploma program at a two-year or 

four-year institution of higher education are also eligible to receive 

up to two Pell grants in one award year. 

The Conferees recognize the importance of enabling students to 

accelerate the completion of their programs of study by enrolling in 

school year-round. 

The House bill denies eligibility for a Pell Grant to individuals 

who are subject to an involuntary civil commitment for committing 

a forcible or non-forcible sexual offense. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill makes technical amendments to provisions pertaining to the disbursement of the mandatory Pell Grant funds, 

emphasizing that the mandatory Pell grant funds and the discretionary Pell grant funds may be disbursed in the same manner 

during the same timeframe. The House bill specifies that the mandatory funds shall remain available for two full fiscal years to be 

consistent with discretionary Pell Grant funds. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 


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The Senate amendment and the House bill limit Pell Grant receipt to eighteen semesters or an equivalent determined by the Secretary. The House bill also specifies that twenty-seven quarters is 

equivalent to this limit. 

The House recedes. 

The Senate amendment states that the eighteen-semester limit 

is determined without regard to attendance status (full-time or 

part-time) and includes time prior to the date of enactment. The 

House bill specifies that only the amount (or percent) of time that 

the student enrolls shall be counted against the time limit. The 

House bill also applies the limit only to students who receive their 

first Pell Grant after July 1, 2008. 

The Senate recedes. 

The House bill sets the expected family contribution (EFC) to $0 for any Pell eligible student whose parent or guardian was a 

member of the Armed Forces and died in Iraq or Afghanistan after 

September 11, 2001. The student must also be eighteen years or 

less or enrolled part-time or full-time at an institution of higher 

education when the parent died. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to specify that to be 

eligible, a student must have been twenty-four years of age or less, 

or enrolled at least part-time at an institution of higher education, 

at the time of parent’s death. The Secretary of Defense and the 

Secretary of Veterans Affairs shall provide the Secretary of Education with the information necessary to determine which students 

meet the requirement. 

The Conferees intend for the Secretaries of Defense and Veterans Affairs to work with the Secretary of Education to design 

mechanisms by which potential beneficiaries of this provision may 

be made known to the Secretary of Education. The Conferees intend for the Secretaries of Defense and Veterans Affairs to notify 

individuals of the conditions under which they may be eligible for 

an expected family contribution of zero, and provide direction for 

obtaining this benefit. The Conferees do not intend for this provision to require the addition of any new questions to the Free Application for Federal Student Aid. 

Section 402. Academic competitiveness grants 

The Conferees agreed to adopt the following provisions in the 

Senate amendment and House bill, as indicated, but the provisions 

were struck from the conference agreement because they were enacted in the ‘‘Ensuring Continued Access to Student Loans Act of 

2008’’ (PL 110–227). 

The Senate amendment and the House bill remove the term 

‘‘academic’’ from all references to year of study in the Academic 

Competitiveness (AC) and National Science and Mathematics Access to Retain Talent (SMART) grant program provisions. However, 

the House bill replaces ‘‘academic’’ with ‘‘award.’’

The Senate recedes. 

The Senate amendment and the House bill eliminate the requirement that eligible students must be full-time. Both the Senate 

amendment and the House bill extend AC and SMART grant eligibility to eligible non-citizens. The Senate amendment states that a 


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student must be Pell-eligible and the House bill states that the student must be eligible for federal student aid. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill require that a student be enrolled at least half time to receive AC or SMART grants 

and that for students enrolled less-than-full time, the amount of 

the grant is reduced in the same manner as Pell Grants. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The House bill eliminates the requirement that a rigorous program must be established by the State or local education agency 

and replaces it with courses that prepare students for college and 

work that are beyond the basic graduation requirements and that 

are recognized by the designated State official, or with respect to 

any private school or home school, the designated school official for 

such school, consistent with State law. 

The Senate amendment has no similar provision. 

The Senate recedes. 

The House bill extends AC grant eligibility to students who 

were previously enrolled in a program of undergraduate education 

as a part of their secondary education. 

The Senate amendment has no similar provision. 

The Senate recedes. 

The House bill extends eligibility to students enrolled in certificate programs. The Senate amendment specifies that the extension 

of eligibility is for a student’s first year for students enrolled in certificate programs lasting at least one year, and for a second year 

in the case of students enrolled in certificate programs lasting at 

least two years. 

The House recedes. 

The Senate amendment and the House bill redefine which foreign language majors are eligible for SMART grants by removing 

the requirement that the foreign language must be approved by the 

Secretary and the Director of National Intelligence, and referencing 

the list of critical foreign languages published in the Federal Register on August 2, 1985. The Secretary may set priorities according 

to national security, economic competitiveness and educational 

needs. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill extend eligibility 

for SMART grants to students studying qualified subjects who are 

enrolled in institutions of higher education that do not permit declaration of a major. The Senate amendment also extends eligibility 

to students who are required as part of their degree program to undertake a rigorous course of study in mathematics, biology, chemistry and physics. 

The House recedes with an amendment to require that students enrolled in institutions that do not allow for a declaration of 

a major, that such students must have a cumulative grade point 

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ogy, chemistry, and physics, in which there is no specific grade 

point average. 

The Senate amendment extends a fifth year of eligibility for 

SMART grants to students in programs that require five full years 

of course work. 

The House bill has no similar provision. 

The House recedes. 

The House bill clarifies that the $750 grant amount is for one 

academic year, during the student’s first year of enrollment, that the $1,300 grant amount is for one academic year, during the student’s second year of enrollment, and that the $4,000 grant amount 

is for one academic year, during each of the student’s third and 

fourth years of enrollment. 

Senate amendment has no similar provision. 

The Senate recedes. 

The Senate amendment specifies that the Secretary may not 

award a grant to any student for credit received prior to the enactment of HERA. The Senate amendment clarifies that the Secretary 

may not award more than one grant to a student for each year of 

study through the fifth year. The Senate amendment requires that 

institutions of higher education make payments for AC and 

SMART grants in the same manner as Pell. The Senate amendment specifies that the funds shall remain available for a succeeding fiscal year. 

The House bill has no similar provisions. 

The House recedes. 

In addition, Conferees agree to adopt the following changes to 

the ‘‘Ensuring Continued Access to Student Loans Act of 2008’’ (PL 

100–227): to waive master calendar and negotiated rulemaking for 

the changes to the Academic Competitiveness and SMART grant 

program included in that statute; to make the changes to the program take effect starting on July 1, 2009; to require the appropriate official, consistent with State law, to submit eligible rigorous 

curricula to the Secretary at such time as the Secretary may require; and to clarify that a rigorous curricula also includes one that 

is recognized as such by the Secretary in regulations promulgated 

to carry out this section, as such regulations were in effect on May 

6, 2008. 

Section 403. Federal TRIO programs 

The Senate amendment and the House bill extend the duration 

of TRIO grants from four to five years, increase minimum grant 

amounts for each of the TRIO programs to $200,000 except the 

evaluation grants which are raised to $170,000, prioritize high 

quality service delivery, and prohibit the Secretary from providing 

assistance to fraudulent programs. The Senate amendment and the 

House bill clarify that the Secretary may award grants to different 

campuses of an institution. Both the Senate and the House make 

the same amendment concerning prior experience and data. The 

Senate amendment and the House bill make the same amendment 

concerning the objectives of the Postbaccalaureate Achievement 

Program, and Educational Opportunity Centers. The Senate 

amendment and the House bill make conforming amendments to 

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section (e) (Documentation of status as a low-income individual). 

The Senate amendment and the House bill change the definitions 

subsection and add new definitions for the terms ‘‘different campus’’ and ‘‘different population.’’ The Senate amendment and the 

House bill extend eligibility for the Postbaccalaureate Achievement 

program to Native Hawaiians and Pacific Islanders. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The House bill clarifies that community-based organizations 

are eligible for the TRIO programs and removes a requirement in 

current law that secondary schools be eligible only in exceptional 

circumstances. The House bill extends the duration for certain 

grants in order to synchronize current award cycles and requires 

the Secretary to consider the number, percentages and needs of eligible participants in awarding grants. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to specify that ‘‘organizations’’ includes community-based organizations, and to clarify 

that secondary schools are eligible grantees as appropriate to the 

purposes of each program. 

The additional language clarifies that secondary schools can 

serve as eligible grantees for TRIO programs that take place in secondary schools (e.g., Upward Bound, Upward Bound Math Science, 

and Talent Search). 

It is the understanding of the Conferees that, when assessing 

the level of need of an eligible entity for a grant or contract under 

this chapter, the Department of Education should consider the 

numbers, percentages, and needs of the eligible students rather 

than the characteristics of the entity both for pre-college and college-level programs. Focusing on the level of need of a school could 

unintentionally mask the level of need of students for such services. This provision clarifies that the application process should 

focus on the needs of the eligible students rather than solely on the 

characteristics of the institutions attended. 

The House bill requires that all TRIO grantees identify services for foster care youth and to ensure such youth receive services. 

The House bill further clarifies that homeless youth are eligible to 

participate in programs under this chapter. 

The Senate amendment makes the same amendments, but 

does so in each TRIO program. 

The Senate recedes with an amendment to require grantees to 

identify and make services available for foster care and homeless 

youth, and to clarify that foster care youth are eligible to participate in programs under this chapter. 

The Senate amendment and the House bill set specific requirements that outcome criteria must measure the quality and effectiveness of an entity’s program. Both the Senate amendment and 

the House bill require the Secretary to compare the results with 

the target established in the application. 

The Senate amendment requires the entity to compare the results with the target. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 


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The Senate amendment and the House bill amend the outcome 

criteria of Talent Search. The House bill also adds language on 

completing a rigorous secondary school program. The Senate 

amendment adds language on the postsecondary education completion of students in Talent Search. 

The Senate and the House recede with an amendment to include both completion of a rigorous secondary school program and 

postsecondary education completion as outcome criteria for students in Talent Search. 

It is the understanding of the Conferees that grantees under 

this subchapter receive a low dollar amount per student, which 

may make measuring postsecondary completion of their students 

difficult. The Department of Education should work with grantees 

to design and implement outcome measures that will not result in 

reduction of services to current students. 

The Senate amendment and the House bill make the same 

amendment concerning the outcome criteria of Upward Bound. The 

House bill also adds language on completing a rigorous secondary 

school program. 

The Senate recedes with an amendment to include postsecondary education completion and to specify that students graduate 

from secondary school with a regular diploma in the standard number of years as outcome criteria for students in Upward Bound. 

The Senate amendment and the House bill make the same 

amendment concerning the outcome criteria of Student Support 

Services. 

The House recedes with an amendment to clarify the outcome 

criteria relating to the completion of degree programs. 

The House bill adds a new appeals process in the event that 

the Secretary does not accept an application or does not fund an 

application. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to create an appeal 

process for TRIO program applicants, in cases where the applicant 

has evidence of a specific technical, administrative, or scoring error 

made by the Department, an agent of the Department, or a peer 

reviewer on an application, which includes review by a secondary 

review panel, to formally appeal their grant scores. 

The need for such a process is evidenced by past errors including the miscalculation of prior experience points by the Department, applications lost or wrongly determined to be incomplete by 

the Department or its agent (such as Grants.gov), and misunderstandings by peer reviewers of the program purpose of a grant applicant and the population that that program serves. By including 

this language, Conferees intend to prevent future errors from 

wrongly denying programs funding and ensure that all TRIO applicants are subject to a fair and transparent application process. 

The Senate amendment authorizes TRIO at such sums as necessary for fiscal year 2008 and the five succeeding fiscal years. 

The House bill established the TRIO authorization level at 

$950,000,000 for fiscal year 2009 and such sums as necessary for 

the four succeeding fiscal years. 


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The Senate recedes with an amendment to authorize 

$900,000,000 for fiscal year 2009 and such sums as necessary for 

each of the five succeeding fiscal years. 

The Senate amendment amends veterans eligibility for Upward Bound to include anyone who served on active duty more 

than 180 days after January 31, 1955; served on active duty after 

January 31, 1955 and was discharged because of a service connected disability; or was a member of the reserves and called to active duty for more than 180 days. 

The House bill amends veterans eligibility for Upward Bound 

to include anyone who served on active duty more than 180 days; 

served on active duty and was discharged because of a service connected disability; was a member of the reserves and called to active 

duty for more than 180 days; or was a member of the reserves who 

served on active duty in support of a contingency operation on or 

after September 11, 2001. 

The Senate recedes with an amendment to specify that a member of the reserves called to active duty for more than thirty days 

is eligible for Upward Bound. 

The Senate amendment amends the authorizing language for 

the Talent Search program, by removing language on educational 

potential and ability to complete and adding language regarding 

encouraging eligible youths and facilitating students’ application 

for aid. The Senate amendment adds a new subsection to specify 

required and permissible services. 

The House bill contains no similar provisions. 

The House recedes with an amendment to move academic tutoring to a permissible service and to require connections to education or counseling services designed to improve financial literacy, 

instead of requiring the provision of those services. 

The Senate amendment provides language authorizing Talent 

Search to give support to students who are limited English proficient, homeless, and who are in or aging out of foster care. 

The House bill authorizes Talent Search to give support to students who are limited English proficient, groups or persons from 

disadvantaged backgrounds that have particular lower education 

access or outcomes, or disconnected students. 

The House recedes with an amendment to add students from 

groups that are traditionally underrepresented in postsecondary 

education, students with disabilities, and other disconnected students. 

The Conferees recognize that students who are limited English 

proficient, students from groups that are traditionally underrepresented in higher education, students with disabilities, homeless 

students, youth aging out of foster care, or other disconnected students, such as pregnant or parenting teens or youth who have been 

involved in the juvenile justice system, have additional challenges 

in accessing postsecondary educational opportunities and persisting 

until program completion. Therefore, the Conferees encourage 

TRIO grantees, as appropriate, to offer programs and activities 

that are specially designed to address the unique challenges these 

students face as they work to achieve a college degree. 

Further, this provision seeks to increase the number of minority men in higher education as well as other populations who are 


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unrepresented in higher education. The under representation of minority males, especially African American and Latino males, is a 

matter of public record that is reinforced by high drop-out rates in 

urban and rural school districts and by lower participation/enrollment rates of these groups in colleges and universities. By encouraging programs to recruit students from these underrepresented 

populations, this provision helps provide needed supports to these 

youth so that the higher education student body better reflects national demographics. 

The Senate amendment replaces the current Upward Bound 

subsection (b) Permissible Services with a new subsection (b) Required Services that includes many of the current permissible services. The Senate amendment renames the current subsection (c) 

Required Services calling it (c) ‘‘Additional Required Services for 

Multiple-Year Grant Recipients.’’ The Senate amendment creates a 

new subsection (d) Permissible Services that includes services permissible under current law and not listed in the new subsection (b) 

above. 

The House bill amends Upward Bound permissible services to 

add veterans’ mathematics and science preparation. 

The House recedes with an amendment to add special services 

for veterans, including mathematics and science preparation. 

The Senate amendment adds language authorizing Upward 

Bound to give support for students who are limited English proficient, homeless, and who are in (or are aging out of) foster care. 

The House bill authorizes Upward Bound to give support to 

students who are limited English proficient, groups or persons from 

disadvantaged backgrounds that have particular lower education 

access or outcomes, or disconnected students. 

The House recedes with an amendment to add students from 

groups that are traditionally underrepresented in postsecondary 

education, students with disabilities, and other disconnected students. 

The Senate amendment gives priority to projects that select 

not less than thirty percent of their participants from students who 

have a high risk of academic failure. 

The House bill contains no similar provision. 

The Senate recedes with an amendment to allow Upward 

Bound to select academically at-risk students from the population 

of students that are not both low-income and prospective first generation students. 

The Senate amendment prohibits the Secretary from denying 

a student participation in a project because the student will enter 

the project after the ninth grade. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment amends the stipend provision to allow 

flexibility in defining the period for summer recess. 

The House bill contains no similar provision. 

The House recedes. 

The House bill prohibits the Secretary from proceeding with 

the implementation or enforcement of the Absolute Priority published in the Federal Register on September 22, 2006 (71 Fed. Reg. 

55447 et seq.). 


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The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment provides a separate authorization of 

$57,000,000 for certain Upward Bound projects for fiscal year 2007. 

The House bill contains no similar provision. 

The Senate recedes. 

The Senate amendment adds the program authorization for 

Student Support Services to give support for students who are limited English proficient, homeless, and who are in (or are aging out 

of) foster care. 

The House bill authorizes Student Support Services to give 

support to students who are limited English proficient, groups or 

persons from disadvantaged backgrounds that have particular 

lower education access or outcomes, or disconnected students. 

The House recedes with an amendment to add students from 

groups that are traditionally underrepresented in postsecondary 

education, students with disabilities, and other disconnected students. 

The Senate amendment replaces the current subsection (b) 

Permissible Services with a new subsection (b) Required Services 

that includes many of the current permissible services. The Senate 

amendment creates a new subsection (c) Permissible Services that 

includes services permissible under current law and not listed in 

the new subsection (b) above. The Senate amendment also adds a 

new required service for Student Support Services programs to improve financial and economic literacy. 

The House bill contains no similar provisions. 

The House recedes with an amendment to clarify that academic tutoring may be provided directly or indirectly through services provided by the institutions. 

The Senate amendment adds housing services for students who 

are (or were) homeless and students who are in (or are aging out 

of) foster care. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment designates certain services as required 

and others as permissible under the Postbaccalaureate Achievement program authority and adds financial literacy services as a 

permissible service. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment makes other conforming amendments 

to the Postbaccalaureate Achievement program. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment adds the program authorization for 

Educational Opportunity Centers to give support for students who 

are limited English proficient, homeless, and who are in (or are 

aging out of) foster care. 

The House bill authorizes Educational Opportunity Centers to 

give support to students who are limited English proficient, groups 

or persons from disadvantaged backgrounds that have particular 

lower education access or outcomes, or disconnected students. 


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509 

The House recedes with an amendment to add students from 

groups that are traditionally underrepresented in postsecondary 

education, students with disabilities, and other disconnected students. 

The Senate amendment adds financial and economic literacy to 

the authorized activities for Educational Opportunity Centers. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment changes the current allowable service 

of personal counseling to ‘‘individualized personal, career, and academic counseling.’’ The House bill contains no similar provision. 

The House recedes. 

The Senate amendment adds to Staff Development strategies 

for recruiting and serving students who are homeless and students 

who are in (or are aging out of) foster care. 

The House bill amends ‘‘Staff Development’’ activities, adding 

strategies to reach limited English proficient students, those from 

‘‘disadvantaged backgrounds that have particular lower educational 

access or outcomes, disconnected students, and students with disabilities.’’ The House recedes with an amendment to add students from 

groups that are traditionally underrepresented in postsecondary 

education, students with disabilities, and other disconnected students. 

The Senate amendment and the House bill require the same 

new report from the Secretary to the authorizing committees and 

include practices regarding evaluations and the dissemination of 

evaluation findings. 

The Senate and House recede with an amendment to require 

the new report, as well as an evaluation of the Upward Bound program to be implemented by June 30, 2010. 

The Conferees intend for the evaluation of the Upward Bound 

Program to produce reliable data on the extent to which the program is effective in accomplishing its core purpose of generating 

the skills and motivation necessary for students to succeed in postsecondary education. To that end, the evaluation should be thorough, well-designed, and, to the degree feasible, free of factors that 

could affect the reliability of the evaluation. As such, the Conferees 

expect that the evaluation will not include data from the cohort of 

students selected for Upward Bound while the absolute priority for 

the program published by the Department of Education in the Federal Register on September 22, 2006, was in effect. The Conferees 

also expect the evaluation to be designed, consistent with the other 

requirements regarding evaluations in section 402H, in a manner 

that controls for other variables that affect students’ likelihood of 

successfully transitioning into postsecondary education, so that the 

specific impact of Upward Bound, as distinct from other factors, 

may be evaluated. 

In addition, the evaluation should also include an assessment 

of whether students with specific characteristics are more successful in transitioning to postsecondary education as a result of Upward Bound. For example, consideration could be given to variables 

such as racial/ethnic group, parents’ education level, and level of 


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the students’ educational expectation and whether they interact in 

a way to promote greater success in the program. Finally, the evaluation should build upon past research findings, such as research 

on programs with similar objectives as Upward Bound, to determine which programs have produced better results than others, 

and to identify the common program characteristics that are associated with successful transition to postsecondary education. The 

Conferees expect the authorizing committees to be able to use the 

results of the evaluation authorized in this section, as well as past 

research findings, to inform potential changes to Upward Bound in 

future reauthorizations. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill prohibit the Secretary from requiring a grantee to recruit students to serve as a 

control group for purposes of evaluating any program or project assisted under this chapter. 

The Conferees agree to adopt the provision with technical 

changes. 

The House bill requires the Secretary, when designing an evaluation, to consider the burden that may be placed upon participants and institutional review board. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to specify that the 

Secretary shall continue to consider whether an evaluation meets 

generally accepted standards of institutional review boards. 

Section 404. Gaining early awareness and readiness for undergraduate programs 

The Senate amendment removes the requirement that eligible 

entities ‘‘provide or maintain a guarantee to eligible low-income 

students who obtain a secondary school diploma (or its recognized 

equivalent), of the financial assistance necessary to permit the students to attend an institution of higher education.’’

The House bill contains no similar provision. 

The House recedes with an amendment to clarify that eligible 

entities shall provide support and maintain a commitment to assisting participants in obtaining a secondary school degree and succeeding in postsecondary education. 

The House bill includes students with disabilities to the description of those to receive services. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill establishes the duration of grants to be seven 

years. 

The Senate amendment allows funds from a previous grant to 

be carried over to the following year. 

The Senate recedes with an amendment that provides for a 

grant period of six years or, in the case of an entity that plans to 

provide services to students through their first year of postsecondary education, for seven years. 

The House bill updates the prior commitment provision in current law by giving priority to entities that have carried out successful programs prior to enactment of this Act. The House bill retains 


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the requirement in current law that the Secretary will ensure that 

students served under the program will continue to receive assistance through completion of secondary school. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The Senate amendment amends the definition of a partnership 

by removing the reference to elementary and secondary schools and 

replacing it with one or more local educational agencies. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment amends the funding rules in current 

law to: remove references to continuation grants for the program 

which preceded GEAR UP; remove the requirement that thirtythree percent of funds go to the State grant program and thirtythree percent go to the Partnerships program; require the Secretary to consider the geographic and rural/urban distribution of 

grants; remove the requirement that twenty-five to fifty percent of 

grant funds be used for early intervention; and add a new supplement, not supplant provision. 

The House bill contains no similar provisions. 

The House recedes with an amendment to require the Secretary, in distributing grant funds, to make available no less than 

thirty-three percent of grant funds to States and no less than thirty-three percent of grant funds to partnerships and to distribute 

the remaining grant funds between states and partnerships. In 

awarding grants the Secretary shall take into consideration the 

number, quality, and promise of the applications; and to the extent 

practicable, the geographic distribution of such awards; and the 

distribution of such awards between urban and rural applicants. 

The Senate amendment changes ‘‘plans’’ to ‘‘applications’’ and 

removes the requirement that an application for a partnership 

grant ‘‘provide for the conduct of a scholarship component.’’ The 

Senate amendment expands the contents of the application to include descriptions of how the entity will meet the requirements of 

program activities, define cohorts of students to be served, and coordinate with existing programs. 

The House bill contains no similar provisions. 

The House recedes. 

In providing assurances that adequate administrative and support staff will be responsible for coordinating the activities of the 

GEAR UP grant, the Conferees acknowledge the importance of 

grantees identifying an individual whose primary responsibility is 

to serve as the coordinator for the GEAR UP grant as well as the 

other administrative and support staff who will be involved in carrying out the activities described in the grant application. 

The House bill permits grantees to provide matching funds 

over the duration of the grant award period. 

The Senate amendment has no similar provision. 

The Senate recedes with an amendment to clarify that the 

grantee must make substantial progress towards meeting the 

match in each year of the grant award period. 

The House bill authorizes grantees and applicants to request 

a reduction of the matching percentage requirement if they can 

demonstrate a change in circumstances. 


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The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to specify that an entity may request a reduced match at the time of application due to 

significant economic hardship and a grantee may request a reduced 

match if matching funding no longer is available and it has exhausted its reserves. 

The House bill encourages eligible entities to provide student 

aid to participants by treating every non-federal dollar as two dollars for the purpose of satisfying the matching requirement. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to permit partnerships 

that provide scholarships to request a reduced match at the time 

of their application. Such application must include a description of 

how a reduced match will assist the entity to provide scholarships. 

The Senate amendment and the House bill amend the matching requirement to include funds ‘‘obligated,’’ instead of ‘‘paid,’’ to 

students from State, local, institutional, or private funds as well as 

‘‘equipment and supplies, cash contributions from non-Federal 

sources, transportation expenses, in-kind or discounted program 

services, indirect costs, and facility usage.’’

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment amends the early intervention activities provided under current law to distinguish between Required 

Activities and Optional Activities. Both States and partnerships 

are required to provide financial aid information, encourage enrollment in rigorous coursework, and support activities designed to improve the number of participating students who complete secondary 

school, and enroll in a program of postsecondary education. State 

grantees are further required to provide scholarships. The Senate 

amendment requires both State and Partnership grantees to engage in at least one of several optional activities including 

mentorship, outreach, support services, curricular development, 

support for dual enrollment, and, in the case of a partnership, support for scholarships. 

The House bill contains no similar provision. 

The House recedes with an amendment to clarify that, as part 

of an entity’s required activities, in order to receive a GEAR UP 

grant, the entity shall demonstrate to the Secretary that the entity 

will provide comprehensive mentoring, outreach and supportive 

services to participating students. 

The House bill adds financial and economic literacy education 

to the list of permissible activities. The House bill adds special programs or tutoring in science, technology, engineering or mathematics to the list of permissible student support activities. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The Senate amendment and the House bill provide for optional 

activities including fostering parental involvement, disseminating 

information, and additional activities for States. The Senate 

amendment and the House bill allow grantees to continue to provide services to students through completion of secondary school 

and into the first year of college. 


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The Conferees adopt the provisions as proposed by both the 

Senate and the House with an amendment to change optional activities to permissible activities. 

The Senate amendment and the House bill amend the current 

priority for services to students for entities that do not use a cohort 

approach. The Senate amendment and the House bill retain students eligible to be counted under Section 1124(c) of the Elementary and Secondary Education Act of 1965, and eligible for free or 

reduced price lunch under the Richard B. Russell National School 

Lunch Act. The Senate amendment adds to the list, students eligible under Part E, in addition to Part A of Title IV of the Social Security Act, and students eligible for assistance under subtitle B of 

Title VII of the McKinney-Vento Homeless Assistance Act. The 

House bill adds disconnected students, students in foster care, or 

homeless or unaccompanied youth as defined in Section 725 of the 

McKinney-Vento Homeless Assistance Act. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House with an amendment to delete the reference 

to free or reduced price lunch and to give priority to students who 

are otherwise considered disconnected students. 

The Conferees recognize that students who are limited English 

proficient, students from groups that are traditionally underrepresented in higher education, students with disabilities, homeless 

students, youth aging out of foster care, or other disconnected students, such as pregnant or parenting teens or youth who have been 

involved in the juvenile justice system, have additional challenges 

to access postsecondary educational opportunities and to persist 

until program completion. Therefore, the Conferees encourage 

GEAR UP grantees, as appropriate, to offer programs and activities 

that are specially designed to address the unique challenges these 

students face as they work to achieve a college degree. 

The House bill allows entities in partnerships to collaborate in 

providing matching resources and participate in other activities. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require the application to include the sources of matching funds. In the event that the 

matching funds the entity described in its application are no longer 

available, the entity may engage other members of the partnership 

in a collaborative manner to provide matching resources. 

The Senate amendment specifies additional optional activities 

for States. 

The House bill contains no similar provision. 

The House recedes with an amendment to change ‘‘optional activities’’ to ‘‘permissible activities’’ and to add providing administrative support to help build the capacity of partnerships to compete 

for and manage grants as a permissible activity for States. 

The Senate amendment identifies providers who may deliver 

services under the State grant program. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment requires State grantees to reserve fifty 

to seventy-five percent of funds received for scholarships. The Senate amendment allows State grantees to use less than fifty percent 

for scholarships if other funds for scholarships can be demVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00517 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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onstrated. The Senate amendment requires State grantees to notify 

students of their eligibility for scholarships. 

The House bill contains no similar provisions. 

The House recedes. 

The Senate amendment requires State grantees to establish a 

scholarship trust fund containing amounts sufficient to cover the 

scholarship for each student in each cohort. The Senate amendment requires that scholarships be available for students upon 

completion of secondary school and enrollment in college. The Senate amendment requires that unused funds be returned to a grantee’s trust fund for redistribution to other eligible students; funds 

unused after redistribution must be returned to the Secretary. 

The House bill contains no similar provisions. 

The House recedes with an amendment to require States to 

hold in reserve an amount that is not less than the scholarship 

amount multiplied by the number of students estimated to be eligible for a scholarship upon enrollment in an institution of higher 

education. 

The Senate amendment repeals the current provision for 21st 

Century Scholar Certificates. 

The House bill maintains current law. 

The Senate recedes with an amendment to have a partnership 

or State provide the certificates. 

The Senate amendment amends the GEAR UP authorization 

to be for such sums as necessary for 2008 and for the five succeeding fiscal years. The House bill authorizes GEAR UP for $400,000,000 for fiscal 

year 2009 and such sums as necessary for the four succeeding fiscal years. 

The Senate recedes with an amendment to authorize 

$400,000,000 for fiscal year 2009 and such sums as necessary for 

each of the five succeeding fiscal years. 

Section 405. Academic Achievement Incentive Scholarships 

The Senate amendment and the House bill repeal Academic 

Achievement Incentive Scholarships. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 406. Federal Supplemental Educational Opportunity Grants 

The Senate amendment authorizes the appropriation of such 

sums as may be necessary for the FSEOG program at such sums 

as may be necessary for fiscal year 2008 and each of the five succeeding fiscal years (through fiscal year 2013). 

The House bill authorizes the appropriation of $875,000,000 for 

the FSEOG program for fiscal year 2009, and such sums as may 

be necessary for the four succeeding fiscal years (through fiscal 

year 2013). 

The House recedes with an amendment to authorize such sums 

as may be necessary for fiscal year 2009 and the five succeeding 

fiscal years. 

The Senate amendment and the House bill increase the allowance for books and supplies used in calculating each institution of 

higher education’s average cost of attendance for purposes of alloVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00518 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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cating funds to institutions of higher education according to ‘‘fair 

share’’ allocation procedures from $450 to $600. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment strikes the provision at section 

413D(a)(4), authorizing the Secretary to allocate up to ten percent 

of the amount appropriated for programs authorized under Title 

IV, Part A (when the appropriation exceeds $700,000,000), among 

institutions of higher education from which fifty percent or more 

Pell Grant recipients either graduate or transfer to four-year institutions of higher education. The Senate amendment makes a technical correction at section 413D(a)(1), pertaining to language for institutional base guarantee funding. 

The House bill contains no similar provisions. 

The Senate recedes. 

Section 407. Leveraging Educational Assistance Partnership program 

The Senate amends the program authorization without speci- fying authorization levels, but with a trigger amount ($30,000,000) 

over which Leveraging Educational Assistance Partnership (LEAP) 

funding would go to Grants for Access and Persistence (GAP) (formerly Special Leveraging Educational Assistance Partnership 

(SLEAP)). 

The House retains an authorization level for the first year ($200,000,000) and a trigger amount for GAP ($30,000,000). 

The Senate amendment authorizes the program for fiscal year 

2008–2013; the House bill for fiscal year 2009–fiscal year 2013. 

The Senate recedes with an amendment to authorize 

$200,000,000 for fiscal year 2009 and such sums as necessary for 

five succeeding years, with a reservation that for any fiscal year for 

which the amount appropriated exceeds $30,000,000, the excess 

amount shall be available to carry out Section 415E. 

The Senate amendment and the House bill raise the maximum 

LEAP grant to $12,500 from $5,000. The Senate caps the amount 

at the cost of attendance. 

The House recedes. 

The Senate amendment removes the requirement that non-federal matching funds for LEAP grants and work-study come only 

from direct state appropriations. 

The House bill contains no similar provision. 

The Senate recedes with an amendment to clarify that state 

funds do not need to be provided by ‘‘a direct appropriation.’’

The Senate amendment and the House bill add a requirement 

that states notify students that the grants are a part of LEAP and 

are funded by the federal government and the states. The Senate 

amendment allows other contributing partners to be listed in the 

notification as well. 

The Senate recedes with an amendment to add the notification, 

where applicable, to other contributing partners. 

The Senate amendment and the House bill repeal the previous 

Special LEAP program and replace it with new ‘‘Section 415E. 

Grants for Access and Persistence’’ and set purposes for the program. 


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The Conferees adopt the provision as proposed by both the 

Senate and the House with an amendment to clarify that community-based organizations can be partners in the program. 

The Senate amendment and the House bill require States to 

apply for GAP funds in partnerships with institutions of higher 

education and other organizations and determine the federal share 

based upon the share of students the partner institutions of higher 

education enroll. The Senate amendment sets the federal share at 

fifty percent if partner institutions of higher education enroll less 

than half of FTEs in the state and the House sets it at fifty-seven 

percent. 

The Senate amendment sets the federal share at fifty-seven 

percent and the House bill sets it at 66.66 percent if partner institutions of higher education enroll more than half of full-time equivalent students in the state. 

The Senate recedes. 

The Senate amendment and the House bill include similar provisions regarding the non-federal share, except that the Senate 

amendment refers to the ‘‘required share’’ whereas the House bill 

specifies the minimum share from non-federal sources. 

The Senate recedes. 

The Senate amendment and the House bill have similar provisions for the submission of an application; however, the Senate 

amendment includes language for a State that desires to receive an 

allotment under this section on behalf of the partnership. 

The House recedes. 

The Senate amendment and the House bill contain similar language regarding the content of the application. The Senate amendment also includes language to clarify that the funds are to supplement not supplant. 

The Senate recedes with an amendment to include supplement 

not supplant language. 

The Senate amendment and the House bill contain similar provisions regarding the description of the organizational structure 

that the State has in place, except that the Senate amendment 

would require the State to track participation of students who receive grants. 

The House recedes with an amendment to clarify that states 

shall compile information on degree completion of students receiving grants under this program. 

The House bill requires a description of the steps the State will 

take to ensure students who receive grants persist to degree completion. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment and the House bill provides for assurances that the State has a method in place to identify eligible lowincome students and that the State will provide notification to eligible low-income students, except that the House bill limits it to 

LEAP Grants funded by the Federal Government and the State. 

The Senate recedes with an amendment to add in the notification ‘‘where applicable, other contributing partners.’’

The Senate amendment and the House bill provide for partnerships between State agencies and institutions of higher education 


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that require the partnership to consist of not less than one public 

and one private institution of higher education in the State, except 

that the Senate amendment includes an ‘‘if applicable’’ clause. 

The House recedes. 

The Senate amendment and the House bill include provisions 

regarding the roles of partners. The Senate requires the coordination of nonfederal share of funds. 

The House contains no similar provision. 

The House recedes. 

The House bill specifies that institutional partners be degreegranting institutions of higher education as defined under Section 

102. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill set grant amounts 

based on the number of students served by GAP partner institutions of higher education. The Senate amendment and the House 

bill set grant amounts at: not less than the average tuition and fees 

for students in states with smaller partnerships that are using 

funds to create a new grant program; up the average cost of attendance for students in states with smaller partnerships that have an 

existing grant program and are using these funds to expand such 

program; and, equal to the average cost of attendance for students 

in states with larger partnerships. 

The Senate recedes with an amendment to specify whether a 

student is in a four-year or two-year institution when establishing 

a grant amount. 

The Senate amendment and the House bill contain provisions 

regarding partnerships with institutions of higher education serving the majority of students in the state, except that the Senate 

amendment allows states to determine whether or not students in 

their State can use GAP grants to attend schools in that State that 

are not partners in the partnership. 

The House recedes. 

The Senate amendment and the House bill contain an early 

notification provision which require states to notify low-income students in grades seven through twelve of their potential eligibility 

for financial aid, except that the Senate amendment explicitly defines such low-income students as those eligible under the Richard 

B. Russell National School Lunch Act. 

The Senate recedes with an amendment to delete the reference 

to free and reduced price lunch. 

The Senate amendment and the House bill contain similar provisions regarding the required content of notice. The Senate 

amendment and the House bill contain provisions regarding disclaimer notices to students. 

The House recedes with an amendment to include in the disclaimer that grants may be based on state spending for higher education rather than appropriations. 

The Senate amendment and the House bill contain provisions 

regarding student eligibility. Students are eligible for grants if they 

meet not less than two of the following criteria, with priority given 

to students meeting all of the following criteria: have an expected 

family contribution equal to zero or a comparable alternative based 


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upon the State’s approved criteria, has qualified for a free or reduced price lunch, is eligible for the State’s maximum undergraduate award, is participating in, or has participated in, a Federal, State, institutional, or community early information and 

intervention, mentoring, or outreach program, as recognized by the 

State agency administering activities under this section, and is receiving, or has received, an access and persistence grant under this 

section. 

Both the Senate and the House recede with an amendment to 

strike the requirement that students must have had to qualify for 

a free or reduced price lunch. 

The Senate amendment and the House bill contain a tentative 

grant award notification provision. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with an amendment to clarify that awards 

are estimated rather than tentative. 

The Senate amendment and the House bill specify that the 

State may set reasonable time limits for degree completion for the 

duration of the awards while the Senate amendment allows states 

to set the same limits for degree completion. The House bill specifies baccalaureate degree. 

The House recedes. 

The Senate amendment prohibits use of federal GAP funds for 

administrative costs. The House bill allows States to use up to 3.5 

percent for administrative costs. 

The Senate recedes with an amendment to allow two percent 

for administrative funds allowance. 

The House bill adds GAP evaluation provisions to be carried 

out by the Advisory Committee on Student Financial Assistance. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 408. Special programs for students whose families are engaged in migrant and seasonal farmwork 

The Senate amendment and the House bill change the criteria 

for recruitment under the High School Equivalency Program 

(HEP). The Senate amendment and the House bill specify that 

placement services designed to place students in postsecondary 

education may include preparation for college entrance examinations. The Senate amendment and the House bill authorize stipends to be provided to HEP participants with no requirements on 

the frequency of distribution. The Senate amendment and the 

House bill specify that other essential services may include transportation and child care. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill authorize the HEP 

to provide other activities to improve persistence and retention in 

higher education. The Senate amendment and the House bill modify the criteria for outreach and recruitment services under the College Assistance Migrant Program (CAMP) to include individuals 

whose immediate family has spent a minimum of seventy-five days 

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portive and instructional services provided under CAMP are intended to improve placement, persistence, and retention in postsecondary education. The Senate amendment and the House bill expand authorized services. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill expand the required follow-up services that grantees must provide to migrant 

students after they have completed their first year of college. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill change the minimum grant amount for each HEP and CAMP project from 

$150,000 to $180,000. 

The Conferees agree to adopt the provision proposed by both 

the Senate and the House. 

The Senate amendment and the House bill add a new subsection designating the reservation of funds. The House bill also includes the allocation of funds in this new subsection. The Senate 

amendment and the House bill allow the Secretary to reserve not 

more than one-half of one percent of funds available for the HEP 

and CAMP programs for outreach activities, technical assistance, 

and professional development. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill requires that the Secretary make available at 

least forty-five percent of the remaining funds for HEP grants and 

at least forty-five percent of the remaining funds for CAMP grants. 

The House bill requires that any funds remaining after the aforementioned reservation and allocations must be used to make HEP 

or CAMP grants based on the number, quality, and promise of the 

applications. The House bill requires the Secretary to consider the 

need to provide an equitable geographic distribution of grants. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The Senate amendment authorizes such sums as may be necessary for fiscal year 2008 and each of the succeeding five years for 

HEP and CAMP. 

The House bill specifically authorizes $75,000,000 for HEP and 

CAMP for fiscal year 2009 and such sums as may be necessary for 

each of the succeeding four fiscal years. 

The Senate recedes with an amendment to authorize 

$75,000,000 for HEP and CAMP for fiscal year 2009 and such sums 

are may be necessary for each of the five succeeding fiscal years. 

Section 409. Robert C. Byrd Honors Scholarship Program 

The Senate amendment reauthorizes the Robert C. Byrd Honors Scholarship Program for such sums as may be necessary for fiscal year 2008–fiscal year 2013. Eligibility for scholarships is extended to home school students. 

The House bill authorizes appropriations for the Byrd Scholarships, Math and Science Incentive program, Foreign Language 

Partnerships, and Adjunct Teacher Corps together as part of an 

amended Subpart 6. 


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The House recedes with an amendment to add Adjunct Teacher Corps to Title II, Part C, incorporate the Foreign Language 

Partnerships into the Science and Technology Advanced Foreign 

Language Education Grant Program in Title VI, and to incorporate 

the Mathematics and Science Incentive program into the Math and 

Science Scholars program in Title VIII. 

Section 410. Child Care Access means parents in school 

The Senate amendment and the House bill increase grants 

under the Child Care Access program from $10,000 to $30,000. The 

Senate amendment allows for such an increase only if appropriations for the program equal or exceed $20,000,000 for the fiscal 

year. 

The House recedes. 

The Senate amendment redefines low-income student for the 

purpose of determining program eligibility by aligning the Pell 

Grant qualification with award years as opposed to fiscal years (as 

in current law), expanding eligibility to graduate students, and expanding eligibility to individuals in the U.S. on a non-immigrant 

visa. 

The House bill extends eligibility for students whose family income would qualify for a Pell grant. 

The House recedes. 

The House bill lowers the threshold for institutional eligibility 

by lowering the total amount of Pell Grants awarded at the institution of higher education to qualify, from $350,000 to $250,000. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to allow for such an 

increase only if appropriations for the program equal or exceed 

$20,000,000 for the fiscal year. 

The House bill requires the Secretary to publicize the availability of the program in the Federal Register, and in other publications, and directly to related organizations. The House bill 

changes the timing of reporting requirements to annual reporting 

instead of reporting every year and a half. The House bill modifies 

language tying continued funding of the four-year grant awards to 

annual reporting, replacing the current-law mid-cycle check before 

the third year. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The Senate amendment and the House bill authorize appropriations of such sums as may be necessary (instead of the currentlaw fixed amount)—the Senate for fiscal year 2008–fiscal year 

2013, the House for fiscal year 2009–fiscal year 2013. 

The Senate recedes with an amendment to authorize such 

sums are may be necessary for fiscal year 2009 and the five succeeding fiscal years. 

Section 411. Learning Anytime Anywhere Partnerships 

The Senate amendment and the House bill repeal the Learning 

Anytime Anywhere Partnerships program. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 


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Section 412. TEACH Grants 

The House bill makes technical corrections to the TEACH 

Grants program, including: amending institutional financial eligibility requirement from ‘‘sound’’ to ‘‘responsible’’, and clarifies that 

grants are per year, rather than academic year. 

The Senate amendment contains no similar provisions. 

The House recedes. 

The House bill adds a stipulation that applications for grants 

include information about the service agreement and consequence 

for failure to meet the agreement. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The House bill clarifies that grant recipients in fields which 

are subsequently designated as no longer high-need may fulfill 

their service agreements in their original field; adding a requirement that the Secretary establish regulations allowing for waiver 

of the service requirement in extenuating circumstances; and adding a requirement that the Secretary undertake a program evaluation. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill requires the Secretary to evaluate the effectiveness of TEACH grants with respect to the schools and students 

served by recipients of the grants. 

The Senate has no similar provision. 

The Senate recedes with an amendment to change the provision to provide that the Secretary shall issue a report, within two 

years after the date of enactment, and every two years thereafter, 

that takes into consideration information related to: the number of 

TEACH grant recipients; the degrees obtained by such recipients; 

the location including the school, local educational agency, and 

State, where the recipients completed service; the duration of such 

service, and any other data necessary to conduct such report. 

PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM

Section 421. Limitations on amounts of loans covered by federal insurance 

The House bill extends authorization of interest subsidies 

under Federally Insured Student Loan Program (FISL) by one fiscal year. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike ‘‘2013’’ and 

‘‘2017’’ and insert ‘‘2014’’ and ‘‘2018,’’ respectively. 

Section 422. Federal payments to reduce student interest costs 

The House bill extends authorization of interest subsidies 

under Federal Family Education Loan Program (FFEL) by one fiscal year. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to exclude veteran’s 

education benefits from being counted in determining eligibility for 

loans and to strike ‘‘2013’’ and ‘‘2017’’ and insert ‘‘2014’’ and ‘‘2018,’’

respectively. 


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The Senate amendment expands the conditions by which lenders shall determine the eligibility of a borrower for an in-school 

deferment to include the lender’s confirmation of the borrower’s 

half-time enrollment status through use of National Student Loan 

Data System (NSLDS), if the confirmation is requested by the institution of higher education. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment (as part of the requirements of insurance program agreements to qualify loans for interest subsidies), 

requires lenders to provide information to borrowers who receive 

deferments on unsubsidized Stafford Loans, at the time deferment 

is granted, that will enable the borrower to understand the impact 

that the capitalization of interest will have on the loan and on the 

total amount of interest to be paid during the life of the loan. 

The House bill contains no similar provision. 

The House recedes with an amendment to re-designate this 

provision that would have created a new paragraph (Z) to become 

a new subclause (iii) under 428(b)(Y). 

The Senate amendment, adds the following requirements applicable to transferors and transferees of loans. In addition to existing requirements, transferors and transferees must notify borrowers of: the effective date of the transfer; the date the current 

servicer will stop accepting payments; and, the date at which the 

new servicer will begin accepting payments. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment expands restrictions on guaranty agencies with respect to inducements, payments, mailings, and advertising, and adds new provisions regarding the items guaranty agencies may not offer to an institution of higher education or its employees or to a lender or its employees. 

The House bill contains no similar provision. 

The House recedes with an amendment to include additional 

restrictions, but also to provide an exemption to permit guaranty 

agencies to perform services related to exit counseling at institutions. 

The Senate amendment revises the contents of guaranty agreements with respect to the granting of forbearance by lenders. 

The House bill contains no similar provision. 

The House recedes. 

The Conferees clarify that borrower interest rates in this Act 

are not intended to override Section 207 of the Servicemembers 

Civil Relief Act, which caps interest rates on all types of debt at 

six percent for active duty servicemembers. However, the Conferees 

do not intend for this provision to permit members of the Armed 

Forces to request a refund from their lender for time spent on active duty prior to the enactment of this Act. The Conferees also 

clarify that the applicable interest rate used when calculating special allowance on new loans disbursed after July 1, 2008 is the rate 

actually paid by the borrower, not the statutorily set interest rate. 


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Section 423. Voluntary flexible agreements 

The House bill requires the Secretary, in consultation with 

guaranty agencies participating in voluntary flexible agreements, 

to annually report to the authorizing committees on program outcomes that voluntary flexible agreements have had with respect to: 

program integrity, program and cost efficiencies, delinquency prevention, default version; consumer education programs, and the 

availability and delivery of student financial aid. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to include a comparison of guaranty agencies not operating under Voluntary Flexible 

Agreements. 

Section 424. Federal PLUS Loans 

The House bill specifies that repayment of a PLUS Loan to a 

parent borrower commences not later than sixty days after disbursement and that repayment of a PLUS Loan to a graduate or 

professional student commences six months and one day after the 

borrower ceases to carry at least one-half of a full-time academic 

workload. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that a PLUS 

borrower may qualify for the special rule regarding extenuating circumstances recently established by the Ensuring Continues Access 

to Student Loans Act if a lender would not otherwise have found 

such borrower to have an adverse credit history consistent with the 

relevant regulations in effect the day before the enactment of such 

Act. 

The amendment also changes that the grace period for PLUS 

loans established in the Ensuring Continued Access to Students 

Loans Act to a deferment. The Conferees also agree that a parent 

PLUS borrower who is a student shall be eligible for such 

deferment while such parent is in school. 

Section 425. Federal consolidation loans 

The Senate amendment and the House bill add disclosure requirements with respect to including a Perkins Loan in a Consolidation Loan. The Senate amendment also requires lenders, upon 

application for a consolidation loan, to provide borrowers with other 

related information on the possible impact of loan consolidation. 

Both the Senate and the House recede with an amendment to 

require the lender to disclose the information required in both bills 

to prospective borrowers, in a clear and conspicuous manner, at the 

time it provides an application for a consolidation loan but to strike 

the requirement that the list of occupations be detailed. 

The House bill extends authority for Consolidation Loans for 

one additional fiscal year. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike ‘‘2013’’ and 

insert ‘‘2014.’’

Section 426. Default reduction program 

The Senate amendment amends requirements with respect to 

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faulted loan, the lender and guaranty agency, and any prior holder, 

shall request any consumer reporting agency to which the default 

of the loan has been reported, to remove the record of default from 

the borrower’s credit history. The Senate amendment limits the 

ability of a borrower to rehabilitating a defaulted loan to one time 

per loan. 

The House bill contains no similar provisions. 

The House recedes. 

Section 427. Requirements for disbursement of student loans 

The House bill amends the special rule that allows for the single disbursement of a student loan at institutions of higher education with cohort default rates of ten percent or less for the three 

most recent fiscal years, by substituting fifteen percent for ten percent beginning October 1, 2011. The House bill expands the exemption for low cohort default rate institutions concerning early disbursement of student loans. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 428. Unsubsidized Stafford loan limits 

The Conferees clarify that students enrolled in coursework necessary for enrollment in a graduate or professional program, or students enrolled in a program that is necessary to attain a professional credential or certification to become a teacher, continue to be 

eligible for the loan limits for which they were eligible prior to the 

enactment of the Ensuring Continued Access to Student Loans Act 

and that undergraduate students pursuing coursework necessary 

for enrollment in an undergraduate degree or certificate program 

are eligible for the increased loan limit of $6,000. 

Section 429. Loan forgiveness for teachers employed by educational 

service agencies 

The Conferees clarify that teachers employed by an educational 

service agency are eligible for teacher loan forgiveness program in 

Section 428J of the Higher Education Act. 

Section 430. Loan forgiveness for service in areas of national need 

The House bill establishes a new Loan Forgiveness for Service 

in Areas of National Need program under 428K. The House bill 

provides that a borrower employed full-time in any of the following 

specified occupations/professions is treated as employed in an area 

of national need: early childhood educators; nurses; foreign language specialists; librarians; highly qualified teachers; child welfare workers; speech-language pathologists; audiologists; national 

service; school counselors; public sector employees; nutrition professionals; medical specialists; physical therapists; and superintendents, principals, and other (school) administrators. 

The Senate amendment contains no similar provisions. 

The Senate recedes with amendment to clarify the eligibility 

requirements for medical specialists and to add occupational therapists and dentists and to specify that borrowers may not receive 

loan forgiveness for the same service under both this provision and 

other loan forgiveness provisions in the Higher Education Act. The 


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Conferees clarify that teachers and other employees of educational 

service agencies who are employed in areas of national need as defined by this section are eligible for loan forgiveness on the same 

terms as others so employed. 

Section 431. Loan repayment for civil legal assistance attorneys 

The Senate amendment and the House bill create a new section in 428L to establish a Loan Repayment for Civil Legal Assistance Attorneys program to encourage qualified individuals to enter 

and continue employment as civil legal assistance attorneys. 

The Conferees adopt the provision as proposed by both the 

Senate and the House, with an amendment to exclude Parent 

PLUS Loans from eligibility for this program and to list all of the 

statutory sources of funding for protection and advocacy organizations with which an eligible borrower may be employed. 

The Senate amendment authorizes the appropriation of 

$10,000,000 for fiscal year 2008 and such sums as necessary for 

succeeding fiscal years. 

The House bill authorizes the appropriation of $10,000,000 for 

fiscal year 2009, and such sums as necessary for the four succeeding fiscal years. 

The Senate recedes with an amendment to strike four and insert five. 

Section 432. Reports to consumer reporting agencies and institutions of higher education 

The Senate amendment adds requirements regarding the reporting of information to consumer reporting agencies by requiring 

that information be provided to each of the consumer reporting 

agencies that compiles and maintains files on consumers on a nationwide basis. Two references to ‘‘credit bureaus’’ are changed to 

‘‘consumer reporting agencies.’’

The House bill contains no similar provision. 

The House recedes with an amendment to update all references from ‘‘credit bureaus’’ to ‘‘consumer reporting agencies’’

throughout Part B, and to require that a student loan be reported 

as an ‘‘education loan’’ instead of requiring that the ‘‘ type of loan 

made, insured or guaranteed under Title IV’’ be reported. 

Section 433. Legal powers and responsibilities 

The House bill prohibits the Secretary from entering into any 

settlement of a claim under this Act that exceeds $1,000,000, unless the Secretary has asked the Attorney General to review the 

settlement agreement and issue an opinion to the Secretary and 

the authorizing committees. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to prohibit the Secretary from entering into any settlement of a claim under this Act 

that exceeds $1,000,000 unless the Secretary requests a review of 

such proposed settlement by the Attorney General and the Attorney General responds to such request, which may include, at the 

Attorney General’s discretion, a written opinion related to such 

proposed settlement. 


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The Senate amendment adds additional provisions applicable 

to the use of a master promissory for loans made under Part B and 

Part D. 

The House bill contains no similar provision. 

The House recedes. 

Section 434. Student loan information by eligible lenders 

The Senate amendment adds a new subsection to specify that 

entities participating under Part B and that are subject to the 

terms of Title V–A of the Gramm-Leach-Bliley Act may only use 

and disclose personal information consistent with the provisions of 

Title V–A of the Gramm-Leach-Bliley Act. 

The House bill contains no similar provision. 

The Senate recedes. 

The House bill adds a new paragraph regarding information on 

defaults. If requested by an institution of higher education or a 

third party servicer working on behalf of an institution of higher 

education to prevent defaults of borrowers from the institution of 

higher education, a lender, secondary market, holder, or guaranty 

agency shall provide free of charge and in a timely manner, information on such borrowers. Institutions of higher education and 

third party servicers are required to safeguard any information received for purposes of preventing defaults, as required under any 

applicable law, and at least to the same extent as required under 

Sections 501 and 505(b) of the Gramm-Leach-Bliley Act; Third 

party servicers that receive information on borrowers through default prevention activities are subject to limitations on the use, 

sale, and sharing of information; Requirements of entities to share 

information for purposes of default prevention shall be considered 

an applicable legal requirement for purposes of Section 502(e)(8) of 

the Gramm-Leach-Bliley Act; and subcontractors are subject to the 

same restrictions as applicable to third party servicers. 

The Senate amendment contains no similar provisions. 

The House recedes. 

The Senate amendment adds a new subsection (g) to Section 

433, ‘‘Student Loan Information by Eligible Lenders’’, to require 

lenders, holders, and servicers of loans under Part B to provide the 

borrower with information on the loan benefit repayment options 

the lender, holder, or servicer offer, including information on reductions in interest rates: by repaying according to automatic debit; by 

completing a program of on-time repayment; and under any other 

interest rate reduction program. The information provided must include: any limitations on the options; explicit reasons a borrower 

may lose eligibility for such options; examples of the impact of such 

options on repayment time and the amount of repayment; and any 

borrower recertification requirements. 

The House bill contains no similar provision. 

The House recedes with amendment to include this information as a new paragraph (5) in Section 433(b) of current law, ‘‘Required Disclosure Before Repayment.’’ The new paragraph requires 

lenders, at or prior to the start of repayment, to disclose to the borrower information on loan repayment benefits offered. 

It is the conferees understanding that lenders and loan 

servicers send statements to borrowers today that are in various 


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formats; some are organized by loan, some are by account, and 

some are by borrower. It is not the conferees intent to require loan 

servicers to change their organizational format in order to comply 

with the requirements of Section 433(e). These disclosures can be 

made by loan, by account, or by borrower. 

Section 435. Consumer education information 

The Senate amendment and the House bill require guaranty 

agencies to work with institutions of higher education to develop 

and make available high-quality educational program and materials to provide training for students in budgeting and financial 

management, debt management, and financial literacy. The Senate 

amendment provides that these activities shall be considered default reduction activities. The House bill does not prohibit a lender 

or servicer from providing outreach or financial aid literacy. 

The House recedes with amendments to include ‘‘students and 

families’’ and to add the House bill’s rule of construction. 

Section 436. Definition of eligible institution & eligible lender 

The House bill amends the cohort default rate threshold at 

which an institution of higher education becomes ineligible to participate in Title IV programs. It increases the threshold from twenty-five percent to thirty percent in fiscal year 2012 and any succeeding fiscal year. The House bill applies the definition of mitigating circumstances to the entire subsection and establishes an 

appeals process for regulatory relief. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The House bill requires institutions of higher education whose 

cohort default rate is greater than or equal to the threshold percentage (twenty-five percent through fiscal year 2011; thirty percent thereafter) for any fiscal year to establish a default prevention 

task force to prepare a plan to reduce the institution of higher education’s cohort default rate. The House bill provides for institutions 

of higher education whose cohort default rate is greater than or 

equal to the threshold percentage in the second consecutive fiscal 

years have their default prevention task force review and revise 

their default reduction plan, and to submit the revised plan to the 

Secretary for review. Upon review, the Secretary may require 

amendments to the plan, with measure objectives, to promote student loan repayment. 

The Senate amendment contains no similar provision. 

The Senate recedes with amendments to include in the task 

force’s plan the steps to be taken to improve the institution of higher education’s cohort default rate and to specify actions the institution of higher education can take to improve repayment, including 

appropriate counseling regarding loan repayment options and striking references to the use of professional judgment by financial aid 

administrators. 

Recognizing the serious consequences of student loan default 

for the borrowers, it is the Conferees’ intent that institutions that 

exceed the cohort default rate threshold develop a comprehensive 

strategy to prevent current and former students from defaulting on 

their federal student loans. The Conferees intend for institutions to 


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establish a default prevention task force that would bring together 

experts who can address the key components of successful default 

prevention strategies. For example, default prevention task forces 

may include representatives from the admissions office, the student 

aid office, student affairs, and the career and academic advising office. Institutions should also include representatives of students 

and families on the default prevention task force. The Conferees 

encourage institutions to consult with experts in default prevention 

and financial literacy such as the state designated guaranty agency 

in developing their plans and to coordinate with the lenders and 

servicers on default prevention activities. 

The House bill requires the Secretary to publish cohort default 

rates on the College Navigator web site. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill increases the cohort default rate participation 

rate index threshold from 3.75 percent to 6.25 percent beginning in 

fiscal year 2012. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill amends the definition of an ‘‘eligible lender’’ to 

include a National or State chartered bank that that has as its primary consumer credit function, the making or holding of loans 

made to students under Part B provided such bank has assets of 

less than $1,000,000,000. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to include credit 

unions in the definition. 

The Senate amendment expands the list of activities that may 

result in the disqualification of a lender from participation in programs under Part B, to include: payments for referrals and for 

processing of finder fees, prizes, stock or other securities, travel, 

entertainment expenses, tuition repayment, the provision of information technology equipment at below-market value, additional financial aid funds. 

The House bill contains no similar provisions. 

The House recedes with an amendment to change ‘‘parents’’ to 

‘‘family members’’ to strike ‘‘tuition repayment’’ and insert ‘‘tuition 

payment or reimbursement’’ and to provide an exemption to the 

general prohibition on a lender’s performing functions for institutions to permit lenders to perform services related to exit counseling at institutions. 

The Senate amendment terminates authority for the school as 

lender program, effective June 30, 2012. 

The House bill contains no similar provision. 

The Senate recedes. 

The Senate amendment establishes a compliance audit requirement for all institutions of higher education serving as an eligible 

lender, and all eligible lender trustees. The compliance audit shall 

determine whether the institution of higher education or lender is 

using all proceeds for need-based aid programs; is limiting administrative expenses; and is using its proceeds to supplement and not 

supplant non-Federal funds for need-based grant programs. 

The House bill contains no similar provision. 


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The House recedes. 

The House bill extends the period for which the cohort default 

rate is calculated by one additional fiscal year. The House bill requires the Secretary to calculate and publish at least once each fiscal year, a report showing cohort default rates and life of cohort default rates for categories of institutions of higher education. The 

House bill defines ‘‘life of cohort default rate.’’ The calculation of cohort default rates using a three-year cohort default rate period will 

begin with fiscal year 2008. Until three consecutive years of cohort 

default rates are calculated using the three-year default period, cohort default rates will continue to be calculated and penalties assessed using the two-year default period. Penalties under the threeyear cohort default rate will not apply until data for the fiscal year 

2010 cohort are available. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 437. Discharge and cancellation rights in cases of disability 

The Senate amendment specifies that a federal student loan, 

including Perkins loan, will be discharged in the case of a student 

who dies or becomes permanently and totally disabled, such loans 

will also be discharged in the case of a student borrower who is unable to engage in any substantial gainful activity by reason of any 

medically determinable physical or mental impairment that can be 

expected to result in death, and has lasted or can be expected to 

last at least sixty months. The Senate amendment also specifies 

that Secretary may develop safeguards to prevent fraud and abuse 

in the discharge and cancellation of loans for death, disability, or 

inability to engage in substantial gainful activity due to a physical 

or mental impairment expected to result in death. The Senate 

amendments are effective July 1, 2008. 

The House bill contains no similar provisions. 

The House recedes. 

The House bill specifies that borrowers who receive a permanent total disability rating from the Secretary of Veterans Affairs, 

and provide such documentation to the Secretary, shall be considered permanently and totally disabled for the discharge of federal 

student loans, and shall not be required to present additional documentation. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that a borrower must be determined by the Secretary of Veterans Affairs to 

be unemployable due to a service-connected condition to be eligible 

for the discharge of federal student loans. 

Section 438. Conforming amendments for repeal of section 439 

The Conferees make necessary conforming amendments to accommodate for the repeal of section 439. 


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PART C—FEDERAL WORK-STUDY PROGRAMS

Section 441. Authorization of appropriations 

The Senate amendment authorizes the appropriation of such 

sums as may be necessary for the Federal work study program 

through fiscal year 2013. 

The House bill authorizes the appropriation of $1,500,000,000 

for the Federal work study program for fiscal year 2009, and such 

sums as may be necessary for the four succeeding fiscal years 

(through fiscal year 2013). 

The House recedes with an amendment to extend authorization 

through fiscal year 2014. 

The House bill amends the definition of ‘community services’ to 

include responding to the needs of the community, which may include activities in preparation for and during emergencies and natural disasters. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to insert ‘‘emergency 

preparedness and response’’ into section 441(c)(1). 

Section 442. Allowance for books and supplies 

The Senate amendment and the House bill increase the allowance for books and supplies used in calculating each institution of 

higher education’s average COA for purposes of allocating funds to 

institutions of higher education according to ‘‘fair share’’ allocation 

procedures from $450 to $600. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 443. Grants for federal work-study programs 

The Senate amendment strikes language in section 

443(b)(2)(A) requiring institutions of higher education to use at 

least five percent of their Federal work study allocation for fiscal 

year 1999 to compensate students employed in community service. 

The Senate amendment expands the criteria upon which the Secretary may grant a waiver that institutions of higher education use 

at least seven percent of their Federal work study allocation for 

community service, to include that a waiver may be granted if the 

institution of higher education certifies that fifteen percent or more 

of its full-time students participate in specified community service 

or tutoring and literacy activities. 

The House bill adds the requirement that institutions of higher 

education operate at least one civic education and participation 

project in meeting its requirement to use at least seven percent of 

their Federal work study allocation to compensate students employed in community service. The House bill defines ‘civic education 

and participation activities,’ and specifies priority for schools in the 

employment of students in certain types of projects, and specifies 

that the federal share of funds to compensate students may exceed 

seventy-five percent. 

The Senate recedes with an amendment to strike ‘‘such as voting or running for elected office’’, and to make civic education activities permissible. 


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The Conferees consider the community service aspect of the 

Federal Work-Study program extremely important, and is concerned by the fact that after years of growth, the program’s national average community service rate has declined for each of the 

last two years. The Conferees urge participating institutions to improve the availability and quality of Work-Study community service 

job information they provide to eligible students and to improve 

their outreach to local community service agencies. The Education 

Department and the Corporation for National and Community 

Service are directed to provide all necessary information and technical assistance to participating institutions in order to help them 

expand the use of Work-Study funds for community service and to 

strengthen the connection between Federal Work-Study jobs and 

the educational or career goals of participating students. 

Section 444. Flexible use of funds 

The House bill adds provisions to the flexible use of funds 

under the Federal work study program to grant flexibility in the 

event of a major disaster. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that students who have been prevented from fulfilling their work study job 

due to a major disaster are able to receive wages for that position 

only until they are able to find another work study job or continue 

to fulfill the responsibilities of their past job, and for no longer 

than one academic year. 

Section 445. Job location and development programs 

The Senate amendment increases the amount of Federal work 

study funds institutions of higher education may use for job location and development programs from not more than ten percent or 

$50,000 of their Federal work study allocations to not more than 

ten percent or $75,000. 

The House bill contains no similar provision. 

The House recedes. 

Section 446. Additional funds for off-campus community service 

The House bill establishes a new Off-Campus Community 

Service Grant program under which the Secretary may award 

grants to institutions of higher education to recruit and compensate 

students for off-campus community service employment. 

The Senate amendment contains no similar provision. 

The Senate recedes with technical amendments. 

Section 447. Work colleges 

The Senate amendment and the House bill strike ‘‘work-learning’’ each place it appears in the Work Colleges program and replace it with ‘‘work-learning-service.’’ The Senate amendment and 

the House bill make similar changes to definitions for the Work 

Colleges program. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 


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The Senate amendment contains a provision providing support 

for existing and new model student volunteer community service 

projects. 

The House bill contains no similar provision. 

The Senate recedes. 

The Senate amendment removes the separate authorization of 

appropriations specifically for the Work-Colleges program and provides for the use of funds appropriated. 

The House bill authorizes the appropriation of funds for the 

Work Colleges program in the amount of such sums as may be necessary for fiscal year 2009 through fiscal year 2013. 

The Senate recedes with an amendment to extend the authorization through fiscal year 2014. 

PART D—FEDERAL DIRECT STUDENT LOAN

Section 451. Terms and conditions of loans 

The Conferees adopt a technical amendment to add the income-based repayment plan adopted by P.L. 110–84 to the list of 

repayment options available to borrowers in the Direct Loan program. 

The House bill amends the definition of ‘public service job’ for 

the Loan Forgiveness for Public Service Employees provision under 

the Federal Direct Loan program to exclude time served as a Member of Congress from eligible government service. In addition, for 

purposes of this section the House bill defines public health to include nurses, nurse practitioners, nurses in a clinical setting, and 

full-time professionals engaged in health care practitioner occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics, and includes a clarification 

of early childhood education and full-time faculty member at a 

Tribal College or University. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill requires the Secretary to ensure that monthly 

statements on Federal Direct Loan program loans and other Department of Education publications do not contain more than four 

digits of any individual’s social security number. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill provides that interest shall not accrue on loans 

made under Part D that are disbursed on or after October 1, 2008, 

for borrowers serving on active duty or performing qualifying National Guard duty during a war or other military operation or national emergency, and for borrowers serving in an area of hostilities qualifying for special pay. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that individuals eligible for this benefit are ‘‘eligible military borrowers.’’

The Senate amendment requires that institutions participating 

in the Direct Loan program provide disclosures about the loans to 

borrowers. 

The House bill contains no similar provision. 


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The House recedes with an amendment to specify the disclosures in Section 433. 

Section 452. Funds for administrative expenses 

The House bill extends authorization for Direct Loan program 

administrative expenses and for Federal Family Education Loan 

account maintenance fees through fiscal year 2013. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike ‘‘2013’’ and 

insert ‘‘2014.’’

The House bill requires the Secretary to have a financial and 

compliance audit of all loans owned by the Department and made 

under the Federal Direct Loan program, as well as all contracts for 

Direct Loan program activities, conducted annually by an independent organization. The House bill requires the Secretary to release its budget justifications to the public upon providing them to 

Congress and to make quarterly reports publicly available containing the same level of detail as annual reports included in the 

budget justifications. The House bill includes additional reporting 

requirements under paragraph (2). The House bill requires the Secretary to have a financial and compliance audit of all guaranty 

agencies participating under Part B, conducted annually by a qualified independent organization. The results of both audits must be 

submitted to Congress and be made publicly available. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment requiring the GAO to 

study the respective costs of the Direct Loan and FFEL programs 

in title XI of this bill. 

Section 453. Guaranty agency responsibilities and payments; reports 

and cost estimates 

The Conferees clarify that as of the date the Secretary purchases a loan pursuant to the authority given her in the Ensuring 

Continued Access to Student Loans Act, the guaranty agency that 

previously insured such loan shall cease to have any rights or responsibilities with respect to such loan. The guaranty agency shall 

maintain a right to a payment they have earned for any activity 

carried out up to such date. 

The Conferees require that the Secretary provide to Congress 

detailed implementation and budget and cost information on the 

student loan purchase program authorized under the Ensuring 

Continued Access to Student Loans Act. The budget and cost information is required to be reported separately for the loan purchase 

and participation interest purchase programs and reported in a 

manner that is comparable to that included in the President’s 

budget request for Part B and Part D loans. 

Section 454. Loan cancellation for teachers 

The Conferees clarify that teachers employed by an educational 

service agency are eligible for the teacher loan forgiveness program 

in Section 460 of the Higher Education Act. 


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PART E—FEDERAL PERKINS LOANS

Section 461. Extension of authority/program authority 

The Senate amendment authorizes the appropriation of such 

sums as may be necessary for federal capital contributions for the 

Federal Perkins Loan program at such sums as may be necessary 

for fiscal year 2008 through fiscal year 2012. The House bill authorizes the appropriation of $350,000,000 for 

the federal capital contributions for the Federal Perkins Loan program for fiscal year 2009, and such sums as may be necessary for 

the four succeeding fiscal years (through fiscal year 2013). The 

House bill extends the authorization of appropriations for federal 

capital contributions, in the amount of such sums as may be necessary for fiscal year 2014 through fiscal year 2019, to enable students receiving Perkins Loans for academic years ending prior to 

October 1, 2014, to continue or complete their courses of study. 

The Senate recedes with an amendment to authorize appro- priations of $300,000,000 for fiscal year 2009 and for each of the 

five succeeding fiscal years and extends the authorization of appropriations for federal capital contributions, in the amount of such 

sums as may be necessary for fiscal year 2014 through fiscal year 

2019, to enable students receiving Perkins Loans for academic 

years ending prior to October 1, 2014, to continue or complete their 

courses of study. 

Section 462. Allowance for books and supplies 

The Senate amendment and the House bill increase the allowance for books and supplies used in calculating each institution of 

higher education’s average cost of attendance for purposes of allocating federal capital contributions to institutions of higher education according to ‘‘fair share’’ allocation procedures from $450 to $600. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 463. Agreements with institutions 

The House bill amends Federal Perkins Loan program agreements between the Secretary and institutions of higher education 

to provide that if an institution of higher education has not knowingly failed to maintain an acceptable collection record with respect 

to a defaulted Perkins Loan, the Secretary may allow the institution of higher education to refer the loan to the Secretary, without 

recompense, except that the amount collected shall be repaid to the 

referring institution of higher education within 180 days of collection and shall be treated as an additional federal capital contribution. The House bill adds language to limit the authority of the 

Secretary to require the mandatory assignment of Perkins Loans. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The Conferees note that the Secretary of Education lacks the 

authority under this section to require assignment of defaulted Perkins Loans. Furthermore, it is the intent of the Conferees that any 

funds collected from defaulted Perkins Loans, including loans that 

have been assigned to the Department of Education for additional 


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collection activities, be returned to the institution’s revolving fund 

and available for new loans to future students. 

The Conferees intend to prohibit administrative measures that 

would weaken the program by reducing the Perkins Loan funds 

available to lend to students. For this reason, the Conferees agreed 

to provisions clarifying that the Secretary is only permitted to require the assignment of defaulted Perkins Loans to the Secretary 

when an institution of higher education has knowingly failed to 

maintain collection records. The fact that a loan has been in default for any period of time does not mean that the institution has 

failed to perform due diligence in its collection and is not grounds 

for the Secretary to require the assignment of the loan. 

Section 464. Perkins Loan terms and conditions 

The House bill increases annual Perkins Loan limits from 

$4,000 to $5,500 for undergraduate students; and from $6,000 to 

$8,000 for graduate and professional students. The House bill increases aggregate Perkins Loan limits from $40,000 to $60,000 for 

graduate and professional students; from $20,000 to $27,500 for 

undergraduate students who have completed two years of study; 

and from $8,000 to $11,000 for all other students. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The Conferees adopt a provision to make the death or disability discharge of Perkins Loans consistent with how a loan is 

discharged in the loan programs in Parts B and D. 

The Senate amendment and the House bill remove the requirement that borrowers of Perkins Loans request forbearance in writing and require that the terms of forbearance agreed to by the borrower and the lending institution of higher education must be documented and recorded in the borrower’s file and amend a cross-reference regarding forbearance and the Armed Forces Student Loan 

Interest Payment Program. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill reduces the number of on-time, consecutive, 

monthly payments required for rehabilitation of a Perkins Loan 

from twelve to nine. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 465. Cancellation for public service 

The House bill revises the provision providing Perkins Loan 

cancellation for teachers to be for service ‘‘as a full-time teacher for 

service in a high-need school’’. 

The Senate amendment contains no similar provision. 

The House recedes with an amendment to include a full-time 

teacher for service in an academic year in an educational service 

agency as defined in 9101(17) of the Elementary and Secondary 

Education Act. 

The Senate amendment and the House bill expand the existing 

Perkins Loan cancellations to include service ‘‘in a pre-kindergarten or child care program that is licensed or regulated by the 

State.’’


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The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill adds Perkins Loan cancellation for service ‘‘as 

a full-time fire fighter for service to a local, State, or Federal fire 

department or fire district.’’

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment and the House bill add Perkins Loan 

cancellation for service ‘‘as a full-time faculty member at a Tribal 

College or University’’, Perkins Loan cancellation for service as a 

librarian with a master’s degree in library science, and employed 

in a school served under Title I of the Elementary and Secondary 

Education Act, or in a public library serving a Title I school, and 

Perkins Loan cancellation for service as a full-time speech language pathologist with a master’s degree, working exclusively with 

Title I schools. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

Section 466. Sense of Congress regarding federal Perkins Loans 

The House bill adds language stating the sense of the Congress 

regarding Perkins Loans. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to modify the sense of 

Congress. 

PART F—NEED ANALYSIS

Section 471. Cost of attendance 

The Senate amendment and the House bill exclude the value 

of military housing or a military housing allowance received by a 

student or his/her parent, from consideration as untaxed income or 

benefits in the need analysis formula. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment has an effective date for the amendments of July 1, 2008. The House bill has an effective date for the 

amendments of July 1, 2009. 

The Senate and the House recede with an amendment to make 

the effective date July 1, 2010. 

Section 472. Discretion to make adjustments 

The House bill provides for the discretion of the financial aid 

administrator to consider nursing home expenses in addition to 

other medical-related expenses in making an adjustment to a student’s expected family contribution. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to add dependent care 

expenses to the list of circumstances in which a financial aid administrator may make adjustments and also clarifies that a student’s dislocated worker status shall be considered, in addition to 

dependent students’ and parents’ dislocated worker status, as defined in the Workforce Investment Act. In addition, the discretion 

of financial aid administrators is expanded to enable them to offer 


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unsubsidized Stafford loans to dependent students whose parents 

do not support them and refuse to complete a Free Application for 

Federal Student Aid (FAFSA). 

Section 473. Definitions 

The House bill authorizes the Secretary to issue regulations 

that allow the use of the second preceding tax year information to 

carry out the simplification process. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to permit the Secretary to use data from the second preceding tax year to carry out 

the simplification of applications. Such simplification may include 

the sharing of data between the IRS and the Department of Education pursuant to the applicant’s permission. 

The House bill specifies that ‘‘total income’’ with respect to dislocated workers is equal to estimated untaxed income and benefits 

for the current tax year minus estimated excludable income for the 

current year. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill stipulate that students who live in military housing or receive a basic allowance for 

housing shall receive an allowance for board, but not for room, in 

determining the cost of attendance. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Conferees adopt technical changes to P.L. 110–84 to clarify 

when an orphan, individual in foster care or emancipated minor 

can be declared an independent student. 

The House bill excludes any income earned from work under 

a cooperative education program at an institution of higher education. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill excludes the amount that the student’s military 

pay was reduced by due to his/her contribution to the Montgomery 

GI bill (MGIB) education benefit when calculating the amount of 

‘‘other financial assistance’’ the student has access to in his/her 

first year of using the MGIB education benefit. 

The Senate amendment contains no similar provision. 

Both the Senate and the House recede with an amendment to 

exclude veterans’ education benefits from being counted as available financial assistance in determining eligibility for federal student financial aid. 

The Senate amendment’s effective date for this amendment is 

July 1, 2008. The House bill’s effective date for this amendment is 

July 1, 2009. 

The Senate recedes with an amendment to make this amendment effective on July 1, 2010. 


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PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

Section 481. Definitions 

The Senate amendment clarifies that the Secretary may reduce 

the number of weeks of instruction for programs that measure program length in credit hours or clock hours. The Secretary may not 

waive the requirement for institutions of higher education that 

solely measure student learning based on direct assessment. 

The House bill contains no similar provision. 

The House recedes. 

The Conferees include a definition of an ‘‘educational service 

agency.’’

Section 482. Master calendar 

The House bill includes ‘‘notices pursuant to sections 478 and 

483(a)(6)’’ in the March deadline and ‘‘final notices’’ pursuant to the 

same sections. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment and the House bill require the Secretary, prior to the beginning of each award year, to provide institutions of higher education with a list of all reports and disclosures 

required under the Higher Education Act, including, the date each 

report or disclosure is due, required recipients of each report or disclosure, the required content of each report or disclosure, and references to statutory authority, applicable regulations. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House with an amendment to add an effective date 

of July 1, 2010. 

Section 483. Improvements to paper and electronic forms and processes 

The Senate amendment includes provisions pertaining to common financial aid forms. The House bill includes provisions pertaining to common financial aid forms that are primarily the same 

as the Senate amendment’s provisions, however, the House bill also 

specifies that: the application is for applying and reapplying to determine need, and the Secretary shall work to make the FAFSA 

consumer-friendly, and make the application available in formats 

that are accessible to individuals with disabilities. 

The Senate recedes. 

The Senate amendment and the House bill require the Secretary to maintain a paper version of the FAFSA. The Senate 

amendment requires the Secretary to encourage applicants to file 

the electronic version of the application. 

The House recedes. 

The Senate amendment and the House bill require the Secretary to develop an EZ FAFSA for individuals eligible for automatic-zero expected family contribution (auto-zero EFC). The 

House bill also includes individuals who are eligible for simplified 

needs test (SNT). 

The Senate recedes with an amendment that the Secretary 

shall use the simplified paper application form after appropriate 

field testing. 


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The Senate amendment and the House bill require that the 

form contain only elements necessary to determine student eligibility for federal student aid if such applicant is eligible for autozero EFC. The House bill also extends this provision to applicants 

eligible for SNT. 

The Senate recedes. 

The Senate amendment and the House bill include a provision 

that requires the Secretary to include State data items necessary 

to award State financial assistance, unless that State does not permit use of the EZ FAFSA. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill include a provision 

regarding free availability and processing of the EZ FAFSA. The 

House bill further states that the data collected from the EZ 

FAFSA shall be available to institutions of higher education, guaranty agencies and states. 

The Senate recedes. 

The Senate amendment states that the Secretary shall phase 

out printing the full paper FAFSA at such time as it is determined 

to not be cost effective. Additionally, the Secretary is required to 

maintain an easily accessible, downloadable paper version and provide a printed version of the full FAFSA upon request. 

The House bill requires that an easily accessible version be 

made available, but specifies that it must be made available on the 

same website used to provide students with the electronic form. 

The Senate and the House recede with an amendment to require the Secretary to maintain the FAFSA in a printable form and 

provide a printed copy of the full paper version of FAFSA upon request. 

The House bill requires the Secretary to report annually to 

Congress the impact of the digital divide on students applying for 

Title IV aid. The Secretary’s report must specifically address the 

impact on independent and dependent students as well as those 

students who are traditionally underrepresented. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require the Secretary to maintain the data and report the information periodically, 

rather than annually. 

The Senate amendment and the House bill require the Secretary to produce and make available an electronic version of the 

FAFSA and to develop a simplified electronic application for autozero EFC eligible students. The House bill extends this eligibility 

to those eligible for simplified needs test. 

The Senate recedes. 

The Senate amendment requires that the Secretary use all 

available technology to ensure that students who complete the electronic version of the FAFSA answer only the minimum number of 

questions necessary. 

The House bill contains no similar provision. 

The Senate recedes. 

The Senate amendment and the House bill require that students who are both auto-zero EFC and SNT eligible be required to 

submit only the data necessary to determine their eligibility for 


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auto-zero EFC and SNT. The Senate amendment and the House 

bill require the Secretary to include space on the electronic form for 

State data, except that a student shall be required to enter data 

only for his/her State. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill include a provision 

regarding data availability. The House bill also requires that the 

data shall be made available to institutions of higher education, 

guaranty agencies and States. 

The Senate recedes. 

The Senate amendment and the House bill include a provision 

regarding privacy and data confidentiality. 

The Senate recedes with an amendment to strike the reference 

to State aid awarded under the LEAP program. 

The Senate amendment and the House bill contain similar provisions regarding the use of electronic signatures. 

The Senate recedes with an amendment to add language that 

the Secretary may ‘‘continue to’’ permit an electronic form to be 

completed without a signature if a signature is subsequently submitted or if a Personal Identification Number (PIN) is used. 

The Senate amendment permits the Secretary to assign PINs 

to applicants to allow applicants to sign the electronic version of 

the FAFSA. The House has the same provision, except that it specifies that the PIN can be used in lieu of a signature for forms required by the LEAP program. 

The House recedes with an amendment clarifying that the Secretary ‘‘may continue to’’ assign PINs. 

The Senate amendment and the House bill include similar provisions regarding PIN improvement, but the Senate amendment 

specifies that a real time data match must be implemented within 

180 days following enactment. 

The Senate recedes with an amendment to require the Secretary to ‘‘continue to work with’’ the Social Security Administration to minimize the time it takes for a student to obtain a PIN. 

The House bill states that the Secretary shall work to reduce 

the number of data elements entered by all applicants by fifty percent. The House bill further specifies that the Secretary must submit a report on the reduction process to each of the authorizing 

committees two years after enactment. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to: use the number of 

data elements on the FAFSA from the 2009–2010 academic year as 

the baseline to be reduced by fifty percent; insert language that the 

Secretary’s efforts, in cooperation with representatives from other 

agencies and organizations, be consistent with other provisions in 

this section; strike the language exempting form development required under this Act from the reduction goal; and to include a 

date by which the report shall be submitted. 

The Senate amendment specifies that the number of state 

items on the form shall not be less than the number of items in 

award year 2005–2006. The House bill specifies that the number 

of state items shall not be less than the number of items in award 

year 2008–2009. 


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The House recedes with an amendment to change the award 

year to 2008–2009. 

The Senate amendment requires the Secretary to review the 

data annually to determine which items a State needs to award 

need-based aid and whether the State permits an applicant to file 

a simplified form. 

The House bill requires the Secretary to conduct an annual review of the forms and non-financial data States require to award 

need-based aid. 

The House recedes. 

The House bill requires the Secretary to publish an annual notice in the Federal Register requiring States to inform the Secretary what State-specific data are required to deliver State needbased aid and if the State does not permit applicants to use a simplified form. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill requires States to notify the Secretary if the 

State permits applicants to file a form for the purposes of determining eligibility and of the State-specific nonfinancial data the 

State requires for delivery of need-based aid. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment requires that if a State does not permit applicants to use a simplified form the Secretary may decide 

not to include the State’s questions on the FAFSA. 

The House bill requires the States that do not permit applicants to use a simplified form due to State law or agency policy to 

notify the Secretary. The State must also include an estimate of 

the costs associated with the use a simplified form. The House bill 

requires that State applicants for LEAP notify the Secretary if the 

use of a simplified form is permitted. 

The House recedes. 

The Senate amendment and the House bill prohibit charges to 

students and parents for use of the form. 

Both the Senate and the House recede with an amendment to 

specify that no data collected on a form for which a fee is charged 

shall be used to complete the form prescribed under this section, 

other than a Federal or State income tax form prepared by a paid 

income tax preparation service for the primary purpose of filing a 

Federal or State income tax return. 

The Senate amendment restricts the use of the applicant’s PIN 

by select entities. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment requires the Secretary to permit students to complete the FAFSA as early as practicable prior to January 1 of the student’s planned year of enrollment. 

The House bill states that students should be able to complete 

the FAFSA as early as practicable prior to October 15 in the year 

prior to the student’s planned year of enrollment. 

The House recedes. 

The Senate amendment and the House bill state that the Secretary shall develop the means to provide students with an early 


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estimate of their financial aid eligibility. The House bill further 

states that the Secretary must notify applicants that the EFC is 

subject to change. 

The Senate recedes with an amendment to require the Secretary to consult with representatives of States, institutions of 

higher education and other individuals with experience in student 

financial aid processes in making updates to forms used to provide 

early estimates. 

The Senate amendment provides that FAFSA data shall be 

provided to institutions of higher education, guaranty agencies and 

states without charge. The Senate amendment provides private organizations and consortia that develop software used by Title IV 

participating institutions of higher education the necessary specifications to produce and distribute software. The Senate amendment authorizes the Secretary to include space for parent’s social 

security number and date of birth on the FAFSA. 

The House bill contains no similar provisions. 

The House recedes. 

The Senate amendment requires the Secretary to test and implement a toll free telephone number for the FAFSA application 

system. 

The House bill contains no similar provision. 

The House recedes with an amendment to: strike the requirement that the Secretary test the system not later than two years 

after the date of enactment of this act; add in language that the 

Secretary shall ‘‘continue to implement’’ the toll-free telephone 

based system; and make the submission of applications over this 

system a separate activity by adding ‘‘and (b)’’ before it. 

The Senate amendment authorizes applicants to use a preparer for consultative or preparer services. Any entity that provides 

any value-added service such as completion or submission of the 

FAFSA shall provide a clear and conspicuous notice that the 

FAFSA is free, can be completed without professional assistance, 

and provide a link to the Department of Education’s website. Also, 

the Senate amendment specifies that the provider cannot charge 

recipients who qualify for SNT or auto-zero EFC. 

The House bill states that any entity that provides any valueadded service such as completion or submission of the FAFSA shall 

provide notice that the FAFSA is free; can be completed without 

professional assistance; and provide a link to the Department of 

Education’s website. 

The House recedes with the amendment that: states that the 

preparer’s identification information is required if a fee is charged 

for the services; the preparer providing services must clearly inform each individual that the forms are free and may be completed 

without professional assistance; modifies the language that the 

FAFSA and EZ FAFSA are free forms that may be completed via 

paper or electronically; strikes subpart (E) which refers to not 

charging any fee to any individual who meets specified requirements; and specifies that a preparer is subject to the same penalties as an applicant for purposely giving false or misleading information in the application. 

The Senate amendment and the House bill include an early application and demonstration program to determine the benefits and 


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costs of early notification. The House bill’s purpose is more detailed. 

The Senate recedes with an amendment to title this provision ‘‘Early Application and Estimated Award Demonstration Program.’’ The Senate amendment implements the early application demonstration program within two years of the enactment of this Act. 

The Senate amendment also states that for all of the dependent 

students who participate in the demonstration program, those who 

are also auto-zero EFC eligible shall be provided with an EFC and 

Pell Grant award amount for the first year. 

The House bill contains a similar provision that provides an estimated EFC and aid award for all students. 

The House recedes with amendments that: modify the requirement that the Secretary provide each student with ‘‘an estimated 

award’’; and strike the requirement that the Secretary provide estimates to students who do not meet the requirements. 

The Senate amendment and House bill include provisions identifying participants. The Senate amendment specifies that the secondary school must commit select resources and participate in an 

evaluation. 

The House recedes. 

The Senate amendment specifies that the application must 

contain certain assurances, such as the amount of state need-based 

aid available, a commitment to provide actual awards and estimates, and a plan to recruit institutions of higher education. 

The House bill contains a comparable provision regarding the 

application process for the demonstration program, but does not include the Senate’s specific assurances. 

The House recedes with amendments to the application requirements: clarify that the information provided is an estimate 

rather than an award determination; all participating dependent 

students must receive estimated awards; State applications must 

include a plan to select institutions of higher education and postsecondary schools that to the extent possible serve different populations are of varying types ‘‘and sectors’’ (rather than ‘‘control’’). 

The Senate amendment grants the Secretary the authority to 

waive requirements for an institution of higher education to participate in the demonstration program. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment requires the Secretary to conduct an 

evaluation of the demonstration program. 

The House bill includes a similar, but less detailed provision. 

The House recedes with an amendment to include a description 

of the extent to which estimated awards differ from actual awards 

made to students participating in the program. 

The Senate amendment and the House bill have a provision requiring the Secretary to consult with the Advisory Committee on 

Student Financial Assistance in implementing the pilot program. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment requires the Comptroller General and 

the Secretary, in consultation with a study group, to design and 

conduct a study to identify and evaluate the means of simplifying 


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the process of applying for Federal student financial aid. The Secretary, with the Secretary of the Treasury, may use Internal Revenue Service data to pre-populate the FAFSA if such use would not 

negatively impact students, institutions, states or the federal government. 

The House bill includes a provision that expresses the Sense 

of the Congress that the Department of Education and the Secretary of Treasury should work together to develop a process by 

which the Department of Education would be able to obtain student’s financial information from the IRS, with the student’s permission, to assist with completing the FAFSA. 

The House recedes with an amendment that directs the Secretary to continue current FAFSA simplification efforts, in cooperation with the Internal Revenue Service, and to report on efforts to 

date. In addition, the Comptroller General is to convene a group to 

study additional simplification of the financial aid application process, using the current statutory requirements, and to identify 

changes to the need analysis formula that will be necessary to reduce the amount of financial information students and families 

need to provide to receive a determination of an eligibility for student financial aid. 

The Conferees intend that, in evaluating the impact of using 

income from the year that is two years prior to a student’s enrollment on the ability of States and institutions to make financial aid 

awards and commitments, the Secretary should assess the overall 

application burden on students and families applying for all types 

of aid, and any additional costs to States and institutions. The Conferees recognize one of the advantages of the current FAFSA application and process is that it is used by many States and institutions to award State and institutional aid in addition to Federal 

aid. Students and families would not be well served if the application and award process for Federal student aid were simpler, but 

the application and award process for State and institutional aid 

became more cumbersome. 

The Senate amendment and the House bill include similar provisions to require the Secretary to use the savings produced by not 

printing the full paper FAFSA to improve access to the electronic 

forms for low-income students. 

The Senate recedes. 

Section 484. Model institutions financial aid offer form 

The House bill directs the Secretary to report on the adequacy 

of the financial aid offer forms provided by institutions of higher 

education to students and their families. The report should include 

a model financial aid offer form which includes: cost of attendance, 

the amount of aid that does not have to repaid, and types and 

amounts of loans, for which the student is eligible. 

The Senate amendment contains no similar provision. 

The Senate recedes with amendments to: direct the Secretary 

to convene a group for the purpose of offering recommendations to 

improve financial aid offer forms; include additional individuals on 

the list of members of the group; and modify the contents of the 

form. 


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Section 485. Student eligibility 

The House bill eliminates the exemption for students from the 

Republic of the Marshall Islands and the Federated States of Micronesia from providing their social security number when applying 

for federal student aid. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment allows institutions to determine that a 

student has the ability to benefit from postsecondary education if 

the student satisfactorily completes six credit hours or the equivalent coursework applicable toward a degree or certificate offered by 

the institution of higher education. 

The House bill contains no similar provision. 

The House recedes. 

The House bill specifies that the provision of assistance to students from the Republic of Palau only applies for federal student 

aid under Title IV subpart 1 of Part A and would expire September 

30, 2009. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment and the House bill make several updates to change ‘‘telecommunications’’ to ‘‘distance education’’ to be 

consistent with the newly added definition of distance education; 

update the reference to postsecondary vocational institutions to reflect the reauthorization of the Perkins Career and Technical Education Act in 2006 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The House bill allows a student who has lost student aid eligibility due to a drug conviction that complies with requirements established by the Secretary to regain eligibility for Title IV aid if the 

student successfully passes two unannounced drug tests conducted 

by a drug rehabilitation program. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Currently, students lose their eligibility for federal student financial aid if they were convicted for the sale or possession of 

drugs while receiving such aid. This provision does not affect the 

eligibility of students who may have been arrested prior to the 

start of their first year of college, or who were arrested during any 

period where they were not receiving federal student aid. Current 

law provides mechanisms by which students may regain their eligibility for federal student financial aid. 

The Conferees believe that the Department of Education and 

institutions of higher education should take steps to ensure that 

students understand the implications and provisions of section 

484(r). As currently worded, the ‘drug penalty’ question on the 

FAFSA may serve as a barrier to completing the form, as students 

may not understand the scope of the prohibition. Data from the Department of Education show that in the 2007–2008 award year, at 

least 15,700 students initially filled the form out in such a way 

that they would have been ineligible for financial aid for at least 

part of the academic year. Upon further review and revision of 

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eligible for aid—thirty-four percent of those originally deemed ineligible for aid. 

The Conferees believe that the Department of Education 

should immediately re-word the question on the FAFSA form in 

order to more accurately reflect the provision. 

Furthermore, the Conferees encourage the Department of Education to take steps to ensure the integrity and privacy of the drug 

tests used by students to regain eligibility. Such drug testing 

should utilize only highly-reliable methods conducted by qualified 

drug rehabilitation programs. 

The Senate amendment permits students with intellectual disabilities to receive Pell grants, FSEOG, and Federal Work Study 

under certain circumstances. 

The House bill includes similar provisions. 

The Senate recedes with an amendment to limit the waivers 

the Secretary can provide to implement this section. 

The Conferees intend to provide eligibility to students with intellectual disabilities attending any inclusive comprehensive transition and postsecondary program for students with intellectual disabilities as defined by this Act, including but not limited to students attending programs participating in grants authorized under 

subpart 2 of Title VII of this Act, provided that such students meet 

the eligibility criteria described in this section. 

The House bill requires the Secretary, in consultation with the 

Central Processing System, to analyze data from the FAFSA containing information regarding the number, characteristics, and circumstances of students denied Federal student aid based on a drug 

conviction while receiving Federal aid. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike ‘‘in consultation with the Central Processing System.’’ The Conferees expect the Secretary to work with the Central 

Processing System in developing the report or access to federal student aid for certain populations as required in this section. The 

Conferees understand that, as Congress continues to examine the 

issue of drug-related student eligibility, it is critical to have full information about the impact of the provision. The Conferees intend 

that the information collected, analyzed, and made available to the 

public under this section will provide an understanding of the demographic background of the students excluded from federal aid by 

the drug prohibition, the nature of the offenses underlying the exclusion, and other characteristics of such students that may better 

inform the work of Congress as it continues to examine the issue 

of drug-related student eligibility. 

Section 486. Statute of limitations and state court judgments 

The Senate amendment and the House bill specify that for the 

Perkins Loan program, institutions shall not be subject to a defense raised by a borrower on the basis of a claim of infancy under 

state law. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment provides that obligations to repay 

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faulted loans, and state court judgments shall not apply in the case 

of a deceased student or a deceased student’s estate. Neither a deceased student’s estate nor the estate of a deceased student’s family shall be required to repay any Title IV financial assistance, nor 

interest, collection costs, or other charges. 

The House bill contains no similar provision. 

The House recedes. 

Section 487. Readmission requirements for service members 

The House bill requires any institution of higher education 

that requires a student, who is a member of the Armed Forces or 

a member of the Armed Forces in retired status, whose attendance 

is interrupted by a call or order to active duty to subsequently reapply for readmission at the time of the conclusion of active duty 

to justify this requirement in writing to the Secretary. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to establish a standard process for students who are required to leave an institution 

because they have been called to active duty to re-enroll at the institution in the same academic standing the student had before 

leaving the institution. Such process is modeled after the process 

established for servicemembers to return to employment after serving on active duty in the Uniformed Services Employment and Reemployment Rights Act. 

Section 488. Institutional and financial assistance information for 

students 

The Senate amendment requires each institution of higher 

education to make available to current and prospective students information about its plans for improving the academic program of 

the institution of higher education. 

The House bill contains no similar provision. 

The House recedes with an amendment to make a technical 

change. 

The Senate amendment alters the requirement that institutions make available to current and prospective students the terms 

and conditions under which students receive Federal Family Education Loan and Direct Loan to also include Perkins Loans. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill require institutions 

to make available to current and prospective students the institution of higher education’s policies and sanctions related to copyright infringement, including a description of actions taken by the 

institution of higher education to detect and prevent the unauthorized distribution of copyrighted materials on the institution of higher education’s technology system. 

Both the Senate and the House recede with an amendment to 

replace language in (iv) with language requiring institutions to 

make available the development of plans to detect and prevent unauthorized distribution of copyrighted material on the institution of 

higher education’s information technology system which shall, to 

the extent practicable, include offering alternatives to illegaldownloading or peer-to-peer distribution of intellectual property, as 


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determined by the institution of higher education in consultation 

with the Chief Technology Officer or other designated officer of the 

institution. 

The Conferees have combined elements from both bills to require institutions to advise students about this issue and to certify 

that all institutions have plans to combat and reduce illegal peer 

to peer file sharing. 

Experience shows that a technology-based deterrent can be an 

effective element of an overall solution to combat copyright infringement, when used in combination with other internal and external solutions to educate users and enforce institutional policies. 

Effective technology-based deterrents are currently available to 

institutions of higher education through a number of vendors. 

These approaches may provide an institution with the ability to 

choose which one best meets its needs, depending on that institution’s own unique characteristics, such as cost and scale. These include bandwidth shaping, traffic monitoring to identify the largest 

bandwidth users, a vigorous program of accepting and responding 

to Digital Millennium Copyright Act (DMCA) notices, and a variety 

of commercial products designed to reduce or block illegal file sharing. 

Rapid advances in information technology mean that new products and techniques are continually emerging. Technologies that 

are promising today may be obsolete a year from now and new 

products that are not even on the drawing board may, at some 

point in the not too distant future, prove highly effective. The Conferees intend that this Section be interpreted to be technology neutral and not imply that any particular technology measures are favored or required for inclusion in an institution’s plans. The Conferees intend for each institution to retain the authority to determine what its particular plans for compliance with this Section will 

be, including those that prohibit content monitoring. The Conferees 

recognize that there is a broad range of possibilities that exist for 

institutions to consider in developing plans for purposes of complying with this Section. 

Numerous institutions are utilizing various technology based 

deterrents in their efforts to combat copyright infringement on 

their campuses. According to a report of the Joint Committee of the 

Higher Education and Entertainment Communities, many institutions of higher education have taken significant steps to deal with 

the problem. Indiana University, for example, hosts an extensive 

‘‘Are you legal?’’ educational campaign for students on the issues, 

and enforces campus policies on proper use of the network. It acts 

on DCMA notices by disconnecting students from the network and 

requires tutorials and quizzes to restore service. Second offenders 

are blocked immediately and are sent to the Student Ethics Committee for disciplinary action. 

Audible Magic’s CopySense Network Appliance provides comprehensive control over Peer-to-Peer (P2P) usage on a university’s 

network. The CopySense Appliance identifies and blocks illegal 

sharing of copyrighted files while allowing other legitimate P2P 

uses to continue. It filters copyrighted P2P content by sensing an 

electronic fingerprint unique to the content itself, which is very 

similar to the way virus filters operate. 


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Red Lambda’s ‘‘Integrity’’ is a network security solution dedicated to the management of file-sharing activities via protocols like 

P2P, IM, IRC, and FTP. This technology is able to detect all P2P, 

OS file-sharing, FTP, IM, proxy use, Skype and application tunneling over HTTP, HTTPS, DNS and ICMP protocols. 

The University of Maryland, College Park, severely restricts 

bandwidth for residential networks and block certain protocols. It 

designed ‘‘Project Nethics’’ to promote the responsible use of information technology through user education and policy enforcement. 

A third violation can result in eviction from the university housing 

system. Montgomery College in Maryland enforces an Acceptable 

Use Policy on its wired and wireless networks. 

Additional existing technological approaches can deter illegal 

file sharing by automatically processing notices sent by scanning 

vendors then taking actions such as messaging the user via browser redirection, applying the appropriate sanction and automatically 

re-enable browsing after a timeout or reconnect fee is paid. Other 

institutions use technology to appropriately manage their campus 

networks by limiting and/or shaping bandwidth, such as 

Packeteer’s packet shaping technology. 

The Senate amendment requires institutions to make available 

to current and prospective student’s information on student body, 

diversity, the placement in employment and types of employment 

obtained by graduates, the institutions report on fire safety, and 

the retention rate of certificate or degree-seeking, full-time undergraduate students. 

The House bill contains no similar provision. 

The House recedes. 

The House bill requires institutions to make available to current and prospective students their policies regarding 

meningococcal vaccinations. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that institutions shall disclose policies on all vaccinations, not only 

meningococcal vaccinations. The Conferees note that institutions of 

higher education should have a policy on vaccinations of students. 

Of particular concern are the recent outbreaks of meningitis on college campuses. The Center for Disease Control’s Advisory Committee on Immunization Practices has reported that college freshmen, especially those who live in dormitories, are at a modestly increased risk for meningococcal disease compared with other persons of the same age. There are nearly 3,000 cases of 

meningococcal disease every year in the U.S. According to the Centers for Disease Control and Prevention between ten and twelve 

percent of the cases are fatal (about 300 to 360). Among those who 

survive meningococcal disease, approximately twenty percent suffer 

long-term consequences, such as brain damage, kidney disease, 

hearing loss or limb amputations. 

The Senate amendment and the House bill allow an institution 

of higher education to adjust the calculation of completion and 

graduation rates for certain students. Under the Senate amendment and the House bill, if the number of students who leave 

school to serve in the Armed Forces, on official church missions, or 

with a recognized foreign aid service of the Federal government 


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represent twenty percent or more of certificate- or degree-seeking, 

full-time undergraduate students, the institution of higher education may exclude the time such students were not enrolled from 

the calculation. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment requires institutions to disaggregate 

data on completion and graduation rates based on student gender, 

race/ethnicity, and receipt of a Pell Grant, receipt of specific federal 

loans but not a Pell Grant, and non-receipt of a Pell Grant or specific federal loans. The Senate amendment does not require the disclosure of data if reporting would not yield statistically reliable information or would reveal personally identifiable information. 

The House bill contains no similar provision. 

The House recedes. 

The Conferees believe that the disaggregation of completion 

and graduation rates of students attending institutions of higher 

education, as specified under section 485(a)(7), will yield important 

information regarding the degree to which different types of students are completing postsecondary education programs. The Conferees acknowledge that two-year degree-granting institutions of 

higher education face unique considerations in reporting such data, 

because these institutions often enroll students for purposes beyond 

certificate and degree programs. Two-year institutions should not 

be exempt from reporting completion and graduation rates. However, the Conferees believe it is appropriate for the Secretary to assist these institutions in reporting such data accurately and, if necessary, to develop supplemental measures of success that take into 

consideration the multiple missions and the varied needs and goals 

of the individuals who attend two-year institutions and the communities such institutions serve. The group required to be convened 

under section 485(a)(7)(B) is meant to achieve that goal. 

The Senate amendment requires institutions of higher education to offer specific disclosures during a required exit counseling 

session to borrowers of loans made, insured, or guaranteed under 

Parts B, D, or E but excludes PLUS Loans and Consolidation 

Loans. 

The House bill contains no similar provisions 

The House recedes with an amendment to reorder the provisions in the section to reduce redundancy, clarify that information 

on repayment plans shall include the average anticipated monthly 

repayments under each plan, specify that a general description of 

loan forgiveness provisions be included, along with a copy of information provided by the Department and add that borrowers must 

be informed of the consequences of default on loans including adverse credit reports, federal offset, and litigation. 

The Senate amendment requires institutions to provide borrowers with a clear and conspicuous notice describing the general 

effects of using a consolidation loan to discharge a borrower’s student loans. The House bill contains no similar provision. 

The House recedes. 

The Senate amendment amends a requirement for the Secretary to compile and disseminate information on State and other 

prepaid tuition and savings programs to require the Secretary to 


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also compile and disseminate information on State grant assistance 

programs. The Senate amendment also requires the Secretary to 

disseminate such information through means including the Internet. 

The House bill contains no similar provision. 

The Senate recedes. 

The Senate amendment and the House bill add new provisions 

related to the calculation of completion and graduation rates of student athletes. Under the Senate amendment and the House bill, if 

students who leave school to serve in the Armed Forces, on official 

church missions, or with a recognized foreign aid service of the 

Federal government represent more twenty percent or more of 

certificate- or degree-seeking, full-time undergraduate students, the 

institution of higher education may exclude the time such students 

were not enrolled from the calculation. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill exclude foreign institutions from having to disclose their campus security policies 

and campus crime statistics. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill amends the Clery Act to require greater coordination between campus security and local law enforcement. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify the requirement for greater transparency in the relationship between campus 

security personnel and State and local law enforcement agencies, 

including whether institutions have agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses. 

It is the intent of the Conferees that the amendments made to 

this section will help protect students and personnel on campuses. 

The House bill adds four crimes to the list of crimes an institutions must report as ‘‘hate crimes’’ in cases where the victim is intentionally selected because of their actual or perceived race, gender, religion, sexual orientation, ethnicity or disability. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Conferees believe that this change will facilitate uniformity in campus crime reporting to both the Department of Education and the FBI’s Uniform Crime Reporting (UCR) Program, the 

voluntary national crime data collection program based on the submissions of more than 17,000 city, county, state, tribal, and federal 

law enforcement agencies. Each of the offense types required under 

this section is already an integral part of the FBI UCR crime data 

reporting program. 

To increase awareness of hate crimes on college campuses, the 

1998 amendments to the Higher Education Act required all colleges 

and universities to collect and report hate crime statistics to the 

Office of Postsecondary Education (OPE) of the Department of Education. The Department of Education utilized the definition of hate 

crime developed by the FBI, but the criminal offenses required to 

be reported did not match the existing FBI crime categories. The 


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current HEA crime category omissions have resulted in critical 

gaps in OPE data, as well as discrepancies and substantial inconsistencies between FBI and OPE hate crime statistics. The Conferees intend for this provision to provide parents and students a 

more accurate sense of campus safety by making the crime categories required to be reported to the Department of Education 

parallel those collected by the FBI’s UCR Program and published 

in its annual publications. 

The Senate amendment and the House bill require institutions 

to make available to current and prospective students a statement 

of current campus policies regarding immediate emergency response and evacuation procedures to notify the campus community 

of a significant emergency or dangerous situation that poses a 

threat to students or staff. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Both the Senate amendment and House bill change current 

disclosure requirements for campus safety policies and procedures. 

The Senate amendment and House bill have similar requirements 

for institutions notifying the campus community in the event of a 

significant emergency. 

The Conferees adopt the provisions as modified, with an 

amendment to require institutions to publish their procedures to 

immediately notify the campus community upon the confirmation 

of a significant emergency or dangerous situation, unless issuing 

such notification would compromise efforts to contain the emergency. The amendment also provides that notifications should be 

made for emergencies on campus as defined by the Clery Act. 

The Conferees intend that each institution’s statement of 

emergency policy should clearly articulate a method to promptly 

determine whether incidents pose an immediate threat to the 

health or safety of students or staff. This policy statement should 

include a method, or methods, to initiate dissemination of the required emergency notifications immediately and without any delay 

following a professional determination by law enforcement or other 

authorities that an emergency exists. The Conferees believe it is 

important that the Department be informed by past demonstrated 

ability of institutions to take immediate action in the face of campus emergencies in developing any regulations related to this provision. Recent examples include: 

Florida Atlantic University on April 30, 2008—A shooting incident was reported at 1:16 AM, 26 minutes later alerts were sent 

out to the campus community, sirens, public address systems and 

Reverse 911 systems were activated. A follow-up e-mail was sent 

to the campus community at 2 AM. 

Ferrum College (VA) on February 26, 2008—A sighting of a 

man with a gun was reported at 7:29 AM, 11 minutes later sirens 

were activated, and by 7:54 a text alert went out to the campus 

community with additional details concerning the emergency. 

Northern Illinois University on February 14, 2008—A multiple 

shooting incident was reported at 3 PM, and 20 minutes later an 

alert was posted to the institution’s web site. 

Because of the importance of informing students and staff of 

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held if it is in the professional determination of law enforcement 

that issuing the notice would put the community at greater risk, 

and in such a case notice should be withheld for as short a period 

as possible. 

The Conferees recognize that emergencies are volatile, fastmoving and unpredictable events that can encompass a range of 

natural and man-made situations, from campus fires to the presence of shooting suspects on campus. As such, the Conferees intend 

that institutions may rely upon the initial known facts of a situation in crafting and disseminating notifications that are timely, accurate and useful to appropriate segments of the campus community. The Conferees also do not intend to hold institutions responsible for the failure of local law enforcement or other emergency response personnel to provide them with information, or other circumstances beyond their control that may delay the delivery of 

emergency notifications. 

The Conferees intend that institutions should publicize to all 

students and staff their emergency response and evacuation procedures, both in their annual security report and separately at least 

once each calendar year as a part of the required test of such procedures. When an emergency happens time is of the essence so it is 

critical that students and staff know where to turn for information 

and what to expect. 

The Senate amendment and the House bill require the Secretary to report annually to authorizing committees regarding institutions’ compliance with this subsection and on the Secretary’s 

monitoring of this compliance. The Senate amendment and the 

House bill permit the Secretary to seek guidance from the Attorney 

General regarding the development and dissemination of information to institutions about best practices related to campus crime 

and safety. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The House bill prohibits an institution of higher education or 

its employees, offices, or agents from intimidating, threatening, coercing, or otherwise discriminating against an individual for the 

purpose of interfering with the implementation of this subsection, 

or any rights or privileges accorded under this subsection, or because the individual has participated in an investigation, proceeding, or hearing. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to include a rule of 

construction indicating that nothing in this subsection shall be construed to permit a participating institution or their agent to retaliate, intimidate, threaten, coerce, or otherwise discriminate against 

any individual with respect to the implementation of any provision 

of this subsection. 

The Senate amendment and the House bill require each institution of higher education participating in Title IV to publicly disclose its current transfer of credit policies, which must include the 

disclosure of any criteria used by the institution of higher education to evaluate the transfer of credit earned at another institution of higher education and a list of the institutions with which 


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the institution of higher education has established an articulation 

agreement. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill specifically state 

that nothing in this subsection authorizes the Secretary or the Accreditation and institutional Quality and Integrity Advisory Committee (Senate amendment) or NACIQI (House bill) to require particular policies, procedures, or practices by institutions with respect 

to transfer of credit. The Senate amendment and the House bill 

specifically state that nothing in this section authorizes an officer 

or employee of the U.S. Department of Education (ED) to exercise 

any direction, supervision, or control over the curriculum, instruction, administration, or personnel at any institution of higher education or over any accrediting agency, limits the application of the 

General Education Provisions Act, or creates a legally enforceable 

right on the part of a student to require an institution of higher 

education to accept a transfer of credit. 

The Senate recedes. 

The Senate amendment and the House bill require institutions 

to report and make public an annual fire safety report. 

The House recedes with an amendment to require the Secretary to make policies public, including the installation of fire detection and prevention technologies in student housing, dormitories, and other buildings. 

The House bill prohibits an institution of higher education or 

its employees, offices, or agents from intimidating, threatening, coercing, or otherwise discriminating against an individual for the 

purpose of interfering with the implementation of this subsection, 

or any rights or privileges accorded under the is subsection, or because the individual has participated in an investigation, proceeding, or hearing. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill requires institutions of higher education to implement procedures for managing reports of missing persons. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to specify that institutions of higher education must establish a policy for students who 

reside in on-campus housing that includes a notification to the student that the institution of higher education is required to notify 

a parent or guardian twenty-four hours after the time that the student is deemed to be missing in accordance with official notification 

procedures established by the institution of higher education. 

The House bill requires institutions of higher education to provide each student, upon enrollment, with a ‘‘separate, clear, and 

conspicuous written notice’’ that provides information on the penalties associated with drug-related offenses. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill requires institutions of higher education to provide each student, within two weeks of being notified by the Secretary that the student has been convicted of a drug-related offense 

that resulted in the loss of eligibility for Title IV aid, with a ‘‘sepaVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00558 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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rate, clear, and conspicuous written notice’’ that notifies the student of the loss of Title IV eligibility and discusses ways to regain 

Title IV eligibility. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require each student who has lost eligibility for any grant, loan, or work-study assistance under this Title as a result of the penalties under 484(r)(1) 

to be provided such notification by the institution in a reasonable 

and timely manner. 

The Senate amendment adds a new subsection (b) to Section 

485 specifying requirements for institutions of higher education to 

provide entrance counseling prior to disbursement for first-time 

borrowers loans made, guaranteed, or insured under Part B or Part 

D. Entrance counseling must meet specified disclosure requirements. 

The House bill contains similar provisions on entrance counseling in Title I. 

Both the Senate and the House recede with an amendment to 

merge the entrance counseling provisions from both bills to require 

institutions of higher education, at or prior to the time of a disbursement to a first-time borrower to provide comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan. Such information shall be provided in simple and understandable terms and 

may be provided: during an entrance counseling session conducted 

in person; on a separate written form provided to the borrower that 

the borrower signs and returns to the institution of higher education; or, online, with the borrower acknowledging receipt of the 

information. Institutions of higher education are encouraged to 

carry out the entrance counseling through interactive programs 

that test the borrower’s understanding of the terms and conditions 

of their loans. 

Section 489. National Student Loan Data System 

The Senate amendment makes a technical amendment and requires the Secretary to take actions to maintain the system. The 

Senate amendment also requires the Secretary to prepare and submit a report to the appropriate committees of Congress, not later 

than September 30th of each fiscal year, describing certain specified aspects of NSLDS; requires the Secretary to conduct a study 

regarding the available mechanisms for providing students and 

parents the ability to opt in or opt out of allowing eligible lenders 

to access their records in NSLDS; and the appropriate protocols for 

limiting access to NSLDS, based on the risk assessment required 

under subchapter III of Chapter 35 of Title 44, U.S.C.; and requires 

the Secretary to submit the report to the appropriate Congressional 

committees no later than three years after enactment. 

The House bill contains no similar provision. 

The House recedes. 

The Conferees intend that NSLDS data may be released to outside contractors and analysts if all individuals identifiers are excluded from the data and the outside analyst or contractor is certified according to data confidentiality standards and procedures 

used by the National Center for Education Statistics. 


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Section 490. Early awareness of financial aid eligibility 

The Senate amendment requires the Secretary to implement, 

in cooperation with other relevant entities a comprehensive system 

of early financial aid information in order to provide students and 

families with early information about financial aid and early estimates of such students’ eligibility for financial aid from multiple 

sources. 

The House bill contains no similar provision. 

The House recedes with an amendment to strike the provision 

that required the Secretary to provide early estimates of financial 

aid awards. 

Section 491. Distance Education Demonstration Programs 

The Senate amendment and the House bill make a conforming 

amendment to the existing Distance Education Demonstration Program, to replace Committee on Labor and Human Resources of the 

Senate and the Committee on Education and the Workforce of the 

House of Representatives with authorizing committees. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with an amendment to clarify that the reports shall be provided by the Secretary on an annual basis. 

Section 492. Articulation agreements 

The House bill requires the Secretary to work with States to 

develop more comprehensive articulation agreements and requires 

the Secretary to conduct a study. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to move the study to 

Title XI. 

Section 493. Program Participation Agreements 

The Senate amendment and the House bill move the 90/10 rule 

from an institutional eligibility requirement for proprietary institutions of higher education to a Program Participation Agreement 

(PPA) requirement for proprietary institutions. Under both the 

Senate amendment and the House bill, a proprietary institution 

must have not less than 10 percent of its revenue from sources 

other than Title IV funds. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment adds to the PPA a requirement that 

institutions of higher education develop a ‘‘code of conduct.’’ The House requires institutions of higher education participating in Title IV or whose students get a private education loan 

to develop a ‘‘code of conduct’’ in accordance with new requirements 

in Title I. 

The Senate recedes. 

The House bill requires that officers, employees, and agents of 

institutions of higher education that have responsibilities with respect to education loans obtain annual training on the code of conduct. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment that removes the 

training requirement, but requires that officers, employees, and 


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agents with responsibilities with respect to education loans be informed annually of the provisions of the code of conduct. 

The House bill requires an institution of higher education to, 

upon request, disclose to the alleged victim of any violent crime or 

nonforcible sex offense the final results of any institutional disciplinary proceeding conducted against a student who is the alleged 

perpetrator of such crime or offense. The House bill also requires 

that this information be provided to the alleged victim’s next of kin, 

if the alleged victim is deceased. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require disclosure 

upon written request and that the disclosure be made available to 

the next of kin only if the victim dies as a result of the crime or 

offense. 

Both the Senate amendment and the House bill amend section 

487(a) by adding a new paragraph which specifies requirements applicable to institutions of higher education that maintain a preferred lender list for loans. The Senate amendment provision applies to preferred lender lists for loans under Part B; while the 

House bill provision applies to preferred lender lists under Part B, 

and also for private educational loans if recommended by the institution of higher education. 

The Senate recedes. 

The House bill requires that upon the request of a private educational lender, acting in connection with an application initiated 

by a consumer for a private educational loan, an institution of 

higher education shall certify: that the student is enrolled or is 

scheduled to enroll at the institution; the student’s cost of attendance; and the difference between the cost of attendance of the institution and the student’s estimated financial assistance received 

under this title and other assistance known to the institution. The 

House bill requires the institution of higher education to disclose 

the student’s ability to select a private educational lender of the 

borrower’s choice and inform students of the impact of a proposed 

private educational loan on the students’ potential eligibility for 

other financial assistance, including Federal financial assistance 

under this title. 

The Senate amendment has no similar provision. 

The Senate recedes with an amendment to require the institution to provide an applicant for a private educational loan with the 

form required under Section Truth in Lending Act and the information required to complete the form. 

The Senate amendment permits the Secretary to modify regulations regarding financial and compliance audits of institutions of 

higher education located outside of the United States. The House 

bill contains a similar provision that allows the Secretary to waive 

these requirements for foreign institutions of higher education 

whose students received less than $500,000 in loans under Title IV 

during the award year proceeding the audit period. This provision 

appears at a later point in this document. 

The Senate recedes. 

The Senate amendment specifies what funds proprietary institutions of higher education may count toward their ten percent of 


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non-Title IV revenue. The House bill specifies what proprietary institutions may count as revenue. 

The Senate recedes. 

The Senate amendment requires proprietary institutions of 

higher education to demonstrate that institutional revenue includes 

funds from non-Title IV sources. The House bill includes as revenue from tuition and fees, only those tuition, fees and other institutional charges for students enrolled in programs eligible of assistance under Title IV. 

The Senate recedes with an amendment that specifies that 

funds paid by a student, or on behalf of a student by a party other 

than the institution, for an education or training program that is 

not eligible for funds under Title IV, may be counted as institutional revenue, provided that the program is both approved or licensed by the appropriate State agency and is accredited by an accrediting agency recognized by the Secretary or provides an industry-recognized credential or certification. 

The Senate amendment specifies certain institutional aid provided to a student as institutional revenue under certain conditions. In the case of loans made by an institution to a student, the 

amount of loan repayments received by the institution during the 

fiscal year for which compliance with the 90/10 rule is determined 

is deemed to be institutional revenue. 

The House bill also specifies certain institutional aid provided 

to students as institutional revenue. For each of an institution’s fiscal years 2009 through 2012, the principal amount of loans made 

by an institution to a student, based on the expected interest 

earned less the estimated amount to account for future defaults 

and loan forgiveness, accounted for on an accrual basis, in accordance with Generally Accepted Accounting Principles and related 

standards and guidance, and that meet other specified conditions, 

are deemed to be institutional revenue. For an institution’s fiscal 

year 2013 and each of an institution’s subsequent fiscal years, only 

the amount of repayments on loans made by an institution to students received during the fiscal year for which compliance with the 

90/10 rule is determined is deemed to be institutional revenue. 

The Senate recedes with an amendment that for loans made by 

an institution, for loans disbursed to students between July 1, 2008 

and July 1, 2012, the net present value of loans made by the institution, accounted for on an accrual basis and, estimated in accordance with Generally Accepted Accounting Principles and related 

standards and guidance, and that meet other specified conditions, 

are deemed institutional revenue. 

The Conferees intend that for the fiscal years 2009 through 

2012 when the net present value of institutional loans can be calculated as institutional revenue that institutions will only count as 

institutional revenue the net present value of the loan in the fiscal 

year the loan is actually made. 

In the case of scholarships provided by the institution, the Senate amendment specifies as institutional revenue scholarship funds 

that are in the form of monetary aid based upon the academic 

achievements or financial need of students; disbursed from an established restricted account; and funded by outside sources or income earned on such funds. In addition, the Senate amendment 


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specifies that tuition discounts based upon the academic achievement or financial need of students are considered institutional revenue. 

In the case of scholarships provided by the institution, the 

House bill specifies as institutional revenue scholarship funds that 

are in the form of monetary aid or tuition discounts based upon the 

academic achievements or financial need of students; disbursed 

from an established restricted account; and funded by outside 

sources or income earned on such funds are considered institutional revenues. 

The Senate recedes. 

In determining compliance with the 90/10 rule the House bill 

requires that an institution presume that any Title IV program 

funds disbursed or delivered to or on behalf of a student are used 

to pay the student’s tuition, fees, or other institutional charges, regardless of whether the institution credits those funds to the student’s account or pays those funds directly to the student, except 

to the extent that the student’s tuition, fees, or other institutional 

charges are satisfied by grant funds provided by non-Federal public 

agencies or private sources independent of the institution; funds 

provided under a contractual arrangement with Federal, State, or 

local government agencies for the purpose of providing job training 

to low-income individuals who are in need of that training; or funds 

used by a student from savings plans for educational expenses established by or on behalf of the student and which qualify for special tax treatment under the Internal Revenue Code of 1986, provided that the institution can reasonably demonstrate such funds 

were used to pay the student’s tuition, fees, or other institutional 

charges. 

The Senate amendment contains no similar provision. The 

Senate recedes with an amendment to provide an additional exception to the presumption for scholarships provided by the institution 

in the form of monetary aid or tuition discounts and that meet 

other specified conditions and remove the condition that institutions must demonstrate that funds from savings plans that qualify 

for special tax treatment were used to pay a student’s tuition, fees, 

or other institutional charges. Additionally, the Conferees clarify 

that, for loans received by students between July 1, 2008 and July 

1, 2011, the amount of loan funds for 428H or Federal Direct Unsubsidized Stafford Loans that exceed that loan limits that were in 

effect prior to May 7, 2008 shall be counted as revenue received by 

the institution. 

The House bill specifies that certain revenues are to be excluded by an institution in determining compliance with the 90/10 

rule. Revenues to be excluded are the amount of funds received by 

an institution under the Federal Work-Study program, unless the 

institution uses those funds to pay a student’s institutional 

charges; the amount of funds received by an institution under the 

Leveraging Education Assistance Partnership program; the amount 

of institutional funds used by an institution to match Title IV program funds; the amount of Title IV program funds that must be 

refunded or returned; and the amount charged by an institution for 

books, supplies, and equipment unless the institution includes that 

amount as tuition, fees, or other institutional charges. 


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The Senate amendment contains no similar provision. 

The Senate recedes. 

Under both the Senate and the House bills, a proprietary institution that fails to comply with the 90/10 rule for two consecutive 

years becomes ineligible to participate in Title IV programs. Under 

the Senate amendment, an institution remains ineligible until it 

demonstrates to the satisfaction of the Secretary that it is in compliance with the 90/10 rule. Under the House bill, an institution is 

required to demonstrate compliance with all eligibility requirements for at least three fiscal years following the fiscal year in 

which the institution became ineligible before the institution can 

regain eligibility to participate in Title IV programs. 

The House and Senate recede with an amendment to modify 

the sanction such that an institution may be placed on provisional 

certification and may become ineligible to participate in Title IV 

programs for a minimum of two institutional fiscal years after the 

institutional fiscal year the institution failed to comply with the 90/ 

10 rule for two consecutive fiscal years. To regain eligibility to participate in Title IV programs, the institution must demonstrate 

compliance with all eligibility requirements for at least two institutional fiscal years after the institutional fiscal year in which the institution failed to comply with the 90/10 rule. 

The House bill requires the Secretary to submit an annual report to the authorizing committees that contains the result of the 

calculation of the percentage of revenue derived from Title IV 

sources of funds for each proprietary institution. 

The Senate recedes with an amendment to have the Secretary 

submit such report no later than July 1, 2009 and on July 1 of each 

subsequent year, a report to the authorizing committees. 

The House bill and the Senate amendment require codes of 

conduct to include prohibitions on revenue-sharing arrangements. 

The House bill’s prohibition of revenue-sharing arrangements encompasses both Federal and private education loans. The Senate 

amendment’s prohibition of revenue-sharing arrangements applies 

only to Federal student loans. 

The House recedes. 

The House bill and the Senate amendment require codes of 

conduct to include prohibitions on officers, employees or agents of 

institutions of higher education, and under certain conditions, by 

the families of officers, employees or agents of institutions of higher 

education, soliciting or accepting gifts from lenders, guarantors, 

and servicers of education loans. The House bill includes several 

exceptions in the definition of gift. 

The Senate amendment includes no similar exceptions to the 

definition of gift as included in the House bill. 

The Senate recedes with an amendment to clarify that philanthropic contributions that are not made for any advantage with respect to education loans are not considered gifts for purposes of the 

section. 

The House bill and the Senate amendment require codes of 

conduct to include prohibitions on contracting arrangements between an officer or employee of the institution and a lender of an 

affiliate of a lender. The House bill includes exceptions, in certain 

limited circumstances, to allow institution officers, employees and 


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agents to serve on the boards of directors of lenders, guarantors, 

and servicers of education loans. Similarly, the House bill includes 

exceptions that allow, under certain conditions, officers, employees 

and agents of a lender, guarantor, and servicer of education loans 

to serve as a trustee of an institution. 

The Senate amendment includes no similar exceptions to the 

prohibition. 

The Senate recedes with a modification to the exception with 

respect to officers, employees and agents of a lender, guarantor, 

and servicer of education loans and an amendment to clarify that 

the prohibition applies to consulting arrangements or the provision 

of other services with respect to educational loans. 

The Senate amendment contains provision on institutional 

interaction with borrowers. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment contains a provision on institutional 

interaction with borrowers. 

The House bill contains no similar provision. 

The House recedes. 

The Conferees recognize that some institutions list specific 

lenders in financial aid award offer letters to students. For example, in many states, public institutions of higher education will inform students in financial aid offer letters that they are eligible for 

a loan offered though their state-based student loan agency, and 

the amount of such loan. The code of conduct provision prohibiting 

the assignment of loans to a specific lender, through packaging or 

other means, is not intended to apply to this case, because a financial aid award letter is an offer of aid, and a student may select 

the named lender, or another lender, at the student’s discretion. 

Other practices, such as the distribution of loan promissory notes 

to students containing a specific lender’s name, are prohibited by 

this provision. 

The House bill prohibits an institution of higher education 

from requesting or accepting any offer of funds for private educational loans in exchange for the institution of higher education 

providing the lender with a specified number of loans or loan volume, or a preferred lender arrangement for Title IV loans. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike language in 

order to clarify that the definition of an opportunity pool loan does 

not include any private loan that is guaranteed by a covered institution of higher education (i.e., a recourse loan). 

The Conferees intend that an institution may request and accept an offer of recourse loans but only if such request and acceptance is not conditioned on the institution providing a lender with 

a specified number of loans or loan volume, or a preferred lender 

arrangement for Title IV loans. 

The House bill contains a provision which bans covered institutions of higher education from receiving staffing assistance with financial aid. 

The Senate amendment contains no similar provision. 

The Senate recedes. 


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The House recedes with an amendment to permit lenders to 

provide staffing services on a short-term, nonrecurring basis to assist institutions with financial aid-related functions during emergency situations. 

The House bill includes a ban on employees of a financial aid 

office or those with educational loan responsibilities from participating on advisory councils of lenders or affiliates of lenders. 

The Senate amendment prohibits any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to education loans or other 

student financial aid of the institution, and who serves on an advisory board, commission, or group established by a lender or group 

of lenders from receiving anything of value from the lender or 

group of lenders, except that the employee may be reimbursed for 

reasonable expenses incurred in serving on such advisory board, 

commission or group. 

The House recedes. 

The Senate amendment requires institutions to designate an 

individual responsible for fulfillment of code of conduct requirements and to make the code of conduct widely available. 

The House bill contains no similar provision. 

The Senate recedes. 

The Senate amendment requires the Secretary to require an 

institution of higher education to develop a teach-out plan for submission to its accrediting agency if the Secretary initiates a limitation, suspension, or termination of the institution of higher education in any program under Title IV or initiates an emergency action against the institution. 

The Senate amendment defines ‘‘teach-out plan.’’ The House bill contains no similar provisions. 

The House recedes. 

The House bill requires an Inspector General investigation in 

the case of any reported violation of the gift ban provision and an 

annual report to the authorizing committees identifying all substantiated violations of the gift ban. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike the language 

requiring the Inspector General to investigate any reported violation. 

The Senate amendment and the House bill include similar provisions to allow institutions of higher education to comply with 

voter registration requirements by transmitting voter registration 

information electronically to students, provided that the electronic 

message only include voter registration information; however, the 

Senate amendment applies only to proprietary institutions. 

The Senate recedes. 

The Senate amendment and the House bill require institutions 

of higher education that have preferred lender lists to clearly and 

fully disclose on such lists why the institution has included each 

lender on its list, especially with respect to terms and conditions 

favorable to the borrower and to make clear that the students attending the institution of higher education (or the parents of such 

students) do not have to borrow from a lender on the preferred 

lender list. 


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The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The House bill requires that an institution of higher education 

with a preferred lender list provide no less than the information required to be disclosed in the model disclosure form required under 

Section 153. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment and the House bill require that an institution of higher education with a preferred lender list for Federal Family Education Loans ensure, through the list of lender affiliates provided by the Secretary, that there are at least three 

lenders that are not affiliates of each other on the list. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill requires that if an institution of higher education recommends private loans, there are at least two lenders of 

private educational loans that are not affiliates of each other included on the list. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment and the House bill ensure that lenders 

are placed on the preferred lender list on the basis of the benefits 

provided to borrowers including highly competitive interest rates, 

high-quality customer service or additional benefits beyond the 

standard terms and conditions of such loans; however, the House 

bill also requires information on criteria for selecting lenders, and 

information on private loans. 

Both the Senate and the House recede with an amendment to 

require that institutions of higher education prominently disclose 

the method and criteria used by the institution of higher education 

in selecting lenders with which to enter into preferred lender arrangements to ensure that the lenders are selected on the basis of 

the best interest of the borrowers. 

The House bill contains a provision which requires lenders to 

exercise a duty of care and loyalty in compiling the preferred lender list without prejudice and for the sole benefit of borrowers; and 

comply with other requirements as prescribed by the Secretary in 

regulation. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

The House bill specifies that a lender shall not deny or impede 

a borrower’s choice of lender or delay certification for borrowers 

who choose a lender not on the list. There is similar language in 

the Senate code of conduct. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill define/use ‘affiliate’

and ‘control’ in a similar manner. The House bill defines ‘preferred 

lender arrangement’, and defines ‘educational loan’ to exclude the 

Pilot Program for parent PLUS Loans, Federal Direct Loan program loans, and Perkins Loans. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 


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The Senate amendment and the House bill require the Secretary to maintain and update a list of lender affiliates of all eligible lenders and to provide such lists to eligible institutions of higher education. The Senate amendment requires consultation by the 

Secretary with the Director of the Federal Deposit Insurance Corporation. 

The Senate recedes with an amendment that the Secretary 

shall update such lists on a regular basis. An institution of higher 

education shall be deemed to be in compliance with this subsection 

if the institution of higher education uses the most recent list published by the Secretary and in effect at the time the preferred lender list is created or updated. 

The Senate amendment provides that if an institution of higher education has willfully contravened its attestation of compliance 

with the code of conduct, the Secretary may limit, suspend, or terminate the institution of higher education’s eligibility for the Title 

IV loan programs. 

The House bill contains no similar provision. 

The Senate recedes. 

The House bill requires institutions of higher education to establish a policy on the disposal or disposition of all technology assets which may contain personal and sensitive student data. The 

House bill defines ‘‘technology assets.’’

The Senate amendment contains no similar provisions. 

The House recedes. 

The House bill requires the Secretary to issue regulations to 

provide for the review of an institution of higher education’s compliance with provisions governing the enrollment of students who 

are not high school graduates if it is determined through required 

financial and compliance audits that more than five percent of the 

institution of higher education’s students were accepted for enrollment and qualified for Title IV aid based on ability to benefit from 

postsecondary education provisions. 

The Senate amendment contains no similar provision. 

The House recedes. 

Section 494. Regulatory relief and improvement 

The Senate amendment and the House bill address the continuation of experimental sites; however, the Senate amendment 

authorizes the Secretary to continue any experimental sites in existence on the date of enactment of this Act and requires the Secretary to discontinue any sites approved by that date that are inconsistent with this section by June 30, 2008. The House bill requires the Secretary to continue the participation of any experimental sites in existence on July 1, 2007, unless the Secretary determines that the site has not been successful in carrying out the 

purposes of this section. In this case, the site must be discontinued 

by June 30, 2009. 

The Senate recedes. 

Section 494A. Transfer of allotments 

The Senate amendment amends existing transfer of allotment 

provisions for the campus-based programs to permit institutions of 


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higher education to also transfer up to twenty-five percent of their 

FSEOG allotment to the Federal Work Study program. 

The House bill amends existing transfer of allotment provisions for the campus-based programs to permit institutions of higher education to also transfer up to twenty-five percent of their Federal Work Study allotment to federal capital contributions for the 

Federal Perkins Loan program. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

Section 494B. Purpose of administrative payments 

The Senate amendment makes a wording change to language 

describing the specified purpose of administrative payments for the 

Pell Grant program, the campus-based programs, and the immigration status verification system. 

The House bill contains no similar provision. 

The House recedes. 

Section 494C. Advisory Committee on Student Financial Assistance 

The Senate amendment and the House bill expand the purpose 

of the Advisory Committee on Student Financial Assistance 

(ACSFA) to include providing knowledge and understanding of 

early intervention programs and making recommendations that 

will result in early awareness for low and moderate-income students of their eligibility for assistance. 

The Senate amendment clarifies that the appointment of members shall be effective upon confirmation by the Senate and publication of such appointment in the Congressional Record. 

The House bill contains no similar provision. 

The House and Senate recede with an amendment to specify 

that four members shall be appointed by the President pro tempore 

of the Senate, four members shall be appointed by the Speaker of 

the House of Representatives, and three members shall be appointed by the Secretary. The appointments of members appointed 

by the Senate or the House shall be effective upon publication of 

the appointment in the Congressional Record and not confirmation 

by the Senate. 

The House bill would end ACSFA after 2011. 

The Senate amendment has no similar provision. 

The House recedes. 

The Senate amendment requires the ACSFA to conduct a 

study of innovative pathways to baccalaureate degree attainment, 

such as dual enrollment, Pell program changes, and compressed or 

modular scheduling, among other things. 

The House has no similar provision. 

The House recedes. 

Section 494D. Regional meetings and negotiated rule-making 

The Senate amendment adds state student grant agencies to 

the list of examples of groups involved in Title IV student financial 

assistance programs. 

The House bill contains no similar provision. 

The House recedes. 


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The House bill requires that participants in the negotiated 

rulemaking process be selected by the Secretary from individuals 

who are nominated by groups identified to provide the Secretary 

with advice and recommendations on the development of proposed 

regulations, and that these individuals must have recognized legitimacy as designated representatives of major stakeholders, sectors, 

and constituencies in the higher education community. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require that the 

Secretary select individuals with demonstrated expertise or experience in the relevant subjects under negotiation and to remove the 

existing qualifier that the Secretary select certain types of individuals ‘‘to the extent possible.’’

Section 494E. Year 2000 and requirements at the department 

The Senate amendment repeals Year 2000 requirements for 

the Department of Education. 

The House bill contains no similar provision. 

The House recedes. 

Section 494F. Technical amendment of income-based repayments 

The House bill makes a technical amendment to the eligibility 

criteria for borrowers to select the income-based repayment plan. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that a borrower may elect to participate in the income-based repayment plan 

if their loan had been in default in the past but was subsequently 

rehabilitated. 

PART H—PROGRAM INTEGRITY

Section 495. Recognition of accrediting agency or association 

The Senate amendment and the House bill requires accrediting 

agencies to apply and enforce standards that respect the stated 

mission of the institution of higher education, including religious 

missions. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill require an accrediting agency that has or seeks to include the evaluation of distance 

education programs within its scope of recognition to demonstrate 

to the Secretary that its standards effectively address the quality 

of distance education in the same areas in which it is required to 

evaluate classroom-based programs. The Senate amendment and 

House bill state that associations aren’t required to have separate 

standards for accrediting distance education programs. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill does not require an accrediting agency to obtain 

the approval of the Secretary to expand its scope of accreditation 

to include distance education, provided that the accrediting agency 

notifies the Secretary in writing about the change. 

The Senate amendment contains no similar provision. 


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The Senate recedes with an amendment to require a review at 

the next NACIQI meeting of any agency or association that expands its scope to include the evaluation of institutions or programs offering courses through distance education if an institution 

accredited by the agency or association experiences a growth in the 

enrollment increases by fifty percent or more within the institution’s fiscal year. 

The Senate amendment and the House bill require accrediting 

agencies to require that institutions of higher education offering 

distance education programs have a process by which the institution of higher education establishes that a student registered for a 

distance education course is the same student that participates in, 

completes, and receives credit for the course. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. The Conferees expect institutions that offer 

distance education to have security mechanisms in place, such as 

identification numbers or other pass code information required to 

be used each time the student participates in class time or 

coursework on-line. As new identification technologies are developed and become more sophisticated, less expensive and more 

mainstream, the Conferees anticipate that accrediting agencies or 

associations and institutions will consider their use in the future. 

The Conferees do not intend that institutions use or rely on any 

technology that interferes with the privacy of the student and expect that students’ privacy will be protected with whichever method the institutions choose to utilize. 

The Senate amendment modifies the requirement that accrediting agencies assess an institution of higher education’s success 

with respect to student achievement in relation to the institution 

of higher education’s mission, including, as appropriate, consideration of state licensing examinations, and job placement rates to 

specify that consideration of student achievement in relation to the 

institution of higher education’s mission may include different 

standards for different institutions of higher education or programs 

as established by the institution of higher education. 

The House bill includes the same provision but lists course 

completion rates as one item that should be considered. 

The Senate recedes. 

The Senate amendment and the House bill expand existing due 

process requirements, including: specification of clear and consistent standards; an opportunity for a written response; an opportunity to appeal any adverse action; the right to representation by 

counsel; and submission to the Secretary a summary of actions that 

includes the award of accreditation or reaccreditation of an institution of higher education and several adverse actions. 

Conferees adopt the provisions as amended, and clarify that 

the due process provisions allow the institution of higher education 

to put forward new evidence as long as it relates to a financial matter. 

The Senate amendment and the House bill require an accrediting agency, as part of its accreditation or reaccreditation reviews, 

to confirm that the institution of higher education has publicly disclosed its transfer of credit policies and that the policies specifically 

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garding the transfer of credit from another institution of higher 

education. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill requires an accrediting agency to review and 

consider an institution of higher education’s response to any review 

or determination and to include in any determination a written 

statement addressing the institution of higher education’s response 

and the basis for such determination, as well as the institution of 

higher education’s response. 

The Senate amendment contains no similar provisions. 

The House recedes. 

The House bill prohibits an accrediting agency from making a 

determination or taking an adverse action based on an unpublished 

or undocumented policy, practice, or precedent. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment requires on-site evaluations by the accrediting agency for accreditation or reaccreditation to include a review of the federally required information the institution of higher 

education or program provides to current and prospective students. 

The House bill contains no similar provisions. 

The Senate recedes. 

The Senate amendment and the House bill require the agency 

or association to make public decisions of accrediting agencies or 

associations. The Senate amendment requires placement on probation to be made public. 

The House recedes. 

The Senate amendment and the House bill require accrediting 

agencies to monitor the growth of programs at institutions of higher education that are experiencing significant enrollment growth 

and also require an institution of higher education to submit a 

teach-out plan for approval by the accrediting agency if specific 

events occur, such as the accrediting agency withdraws accreditation or the institution of higher education notifies the accrediting 

agency that it will be closing. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill specifically prohibit 

the Secretary from establishing any criteria that ‘‘specifies, defines, 

or prescribes’’ standards that accrediting agencies must use to assess any institution of higher education’s success with respect to 

student achievement. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill prohibit the Secretary from issuing regulations related to the standards used by accrediting agencies to evaluate the institution of higher education 

with respect to the institution of higher education’s success with respect to student achievement, curricula, faculty, and so forth. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill establishes a rule of construction that states 

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crediting agency’s required review of an institution of higher education’s success with respect to student achievement, curricula, faculty, and so forth shall restrict an accrediting agency’s authority to 

set, with the involvement of its members, and to apply accreditation standards to institutions of higher education or programs that 

request review by the agency. In addition, the aforementioned requirements do not restrict the authority of an institution of higher 

education to develop and use institutional standards to show success with respect to student achievement, and these standards 

must be considered as part of any accreditation review. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 496. Eligibility and certification procedures 

The Senate amendment allows a location of a closed institution 

of higher education to be used as an additional location of an institution of higher education for the purposes of a teach-out, if the 

teach-out has been approved by the institution of higher education’s accrediting agency. The Senate amendment permits an institution of higher education that conducts a teach-out by establishing an additional location at a closed institution of higher education to establish a permanent location at the closed institution of 

higher education. 

The House bill contains no similar provisions. 

The House recedes. 

Section 497. Program review and data 

The Senate amendment requires the Secretary to provide an 

institution of higher education being reviewed with an adequate opportunity to review and respond to any program review report and 

relevant materials before any final program review report is issued. 

The House bill requires the Secretary to provide an institution with 

adequate opportunity to review any program review report or audit 

finding before any final program review or audit determination is 

reached. 

The House recedes. 

The House bill also specifies that an institution of higher education can have access to documentation related to the program review report or audit findings, such as work papers and notes. 

The Senate amendment contains no similar provisions. 

The House recedes. 

The Senate amendment and the House bill required the Secretary to take into consideration the response from the institution 

of higher education in any final program review report or audit determination and include certain elements. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill require that the 

confidentiality of any program review report be maintained until 

the aforementioned steps are taken and a final program review determination is issued. The Senate amendment excludes from the 

confidentiality requirement the disclosures to inform the state or 

accrediting agency when the Secretary takes action against an institution of higher education. The Senate amendment requires the 


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Secretary to promptly disclose all program review reports to the institution of higher education under review. 

The House recedes. 

Section 498. Review of regulations 

The Conferees adopt an amendment to end the requirement 

that the Secretary review and report on regulations for small institutions. 

PART I—COMPETITIVE LOAN AUCTION PILOT PROGRAM

Section 499. Competitive Loan Auction Pilot Program evaluation 

The Senate amendment requires the Comptroller General to 

evaluate the Competitive Loan Auction Pilot Program. The House 

bill requires the Secretaries of Education and the Treasury, in consultation with OMB, CBO, and the Comptroller General to evaluate the Competitive Loan Auction Pilot Program. 

The Senate recedes. 

The House bill additionally requires the Comptroller General 

to study the feasibility of using other market mechanisms to operate the loan programs under Part B and the feasibility of a specific 

alternative market-based mechanism. 

The Senate amendment contains no similar provision. 

The House recedes with an amendment to require the Secretary to include in the report any recommendations based on the 

findings of the evaluation for improving the operation and administration of other loan programs under Part B. 

The Conferees clarify that Guaranty Agencies may serve the 

same function for lenders making PLUS loans as a result of winning the auctions as they do for lenders in accordance with Part 

B, except that loans are insured at ninety-nine percent. 

TITLE V—DEVELOPING INSTITUTIONS 

Section 501. Authorized activities 

The Senate amendment adds remedial education and English 

language instruction, articulation agreements and enhancing distance learning academic instruction capabilities as authorized activities. 

The House bill has no similar provisions. 

The House recedes. 

The Senate amendment and the House bill provide for education or information designed to improve the financial and economic literacy of students or their parents. The Senate amendment 

includes counseling services. The House bill includes the provision 

of information with regard to student indebtedness. 

The Senate recedes with an amendment to allow counseling 

services to be provided as a part of efforts to improve the financial 

and economic literacy of students or their families. 


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Section 502. Postbaccalaureate opportunities for Hispanic Americans 

The Senate amendment and the House bill create a new program for promoting postbaccalaureate opportunities through programs at Hispanic-serving institutions of higher education. 

The Conferees adopt the provision. 

Section 503. Applications 

The Senate amendment re-designates the sections as needed 

due to the addition of the section on postbaccalaureate programs at 

Hispanic-serving institutions of higher education. 

The House bill contains no similar provision. 

The House recedes. 

The Conferees recognize that despite significant growth in the 

number of Hispanics pursuing graduate study, in 2005 Hispanics 

made up only six percent of the total number of graduate students 

nationwide. Given these low rates of graduate degree attainment, 

the Conferees recognize that Hispanics are under-represented in all 

fields of graduate study. In addition to increasing the number of 

Hispanics earning graduate degrees, the Conferees encourage institutions of higher education receiving grants under this Part to expand opportunities for graduate study in fields where Hispanics 

are most under-represented. 

Section 504. Cooperative arrangements 

The Senate amendment and the House bill contain similar provisions regarding cooperative arrangements. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

Section 505. Authorization of appropriations 

The Senate amendment authorizes such sums as may be necessary for fiscal year 2008 and five succeeding fiscal years for both 

Part A and Part B. 

The House bill authorizes $175,000,000 for Part A for fiscal 

year 2009 and four succeeding fiscal years. The House bill authorizes $125,000,000 for Part B for the same period. 

The Senate recedes with an amendment to authorize 

$175,000,000 for Part A and $100,000,000 for Part B for fiscal year 

2009, and such sums as may be necessary for each of the five succeeding fiscal years. 

The House bill establishes a new minimum grant of $200,000. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike the $200,000 

minimum and require that grants be of sufficient size and scope to 

significantly contribute to the educational program of the eligible 

institution. 

The Conferees intend that in awarding grants under this Title 

such grants shall be of sufficient size and scope to achieve the purposes of expanding the educational opportunities for and improving 

the educational attainment of Hispanic Americans and to expand 

and enhance academic offerings, program quality, and institutional 

stability at Hispanic-serving institutions of higher education. 


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PART B—PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS

Section 511. Purposes 

The House bill includes a section designating the purposes of 

the new program for promoting postbaccalaureate opportunities at 

Hispanic-serving institutions of higher education. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 512. Program authority and eligibility 

The Senate amendment and the House bill contain similar provisions regarding program authority and eligibility. The House bill 

provides that the Secretary shall award competitive grants to Hispanic-serving institutions of higher education determined by the 

Secretary to be making substantive contributions to graduate educational opportunities for Hispanic students. 

The House recedes. 

Section 513. Authorized activities 

The Senate amendment and the House bill contain similar activities for postbaccalaureate Hispanic-serving institutions of higher education. 

The Senate recedes. 

Section 514. Application and duration 

The Senate amendment and the House bill contain similar provisions regarding application and duration requirements. 

The House recedes. 

TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 

Section 601. Findings; purposes; consultation; survey 

The Senate amendment renames Section 601 of the HEA, adding the words ‘‘Consultation’’ and ‘‘Survey’’ to the heading. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment and the House bill delete the term 

‘‘post-Cold War’’ from the findings. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill include linkages 

with overseas institutions of higher education as an additional purpose of this section. The House bill also includes linkages to organizations that contribute to the educational programs assisted under 

this Part. 

The House recedes. 

The House bill includes international business and trade competitiveness as an additional purpose of this section. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment adds a new subsection that requires 

the Secretary to consult with officials from a wide range of federal 

agencies when determining the national need for foreign languages, 


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and to take the recommendations into account when soliciting applications. 

The House bill contains no similar provision. 

The House recedes with an amendment to strike the requirement that federal ‘‘agencies shall provide information to the Secretary regarding how the agencies utilize expertise and resources 

provided by grantees under this Title,’’ and to permit, rather than 

require, the Secretary to take the recommendations into account 

when soliciting applications. 

The Senate amendment adds a new subsection that requires 

the Secretary to develop and administer a survey to get information on postgraduation placement. 

The House bill contains no similar provision. 

The House recedes with an amendment to ensure that the survey is conducted once every two years and is administered to students who have ‘‘completed’’ rather than ‘‘participated in’’ a program supported under this Title. 

Section 602. Graduate and undergraduate language and area centers and programs 

The Senate amendment and the House bill add support for instructors of the less commonly taught languages to the list of authorized activities for the National Language and Area Centers. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill authorizes projects that support students’ understanding of science and technology in coordination with foreign 

language proficiency. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to authorize ‘‘projects 

that support students in the science, technology, engineering, and 

math fields to achieve foreign language proficiency.’’ The House bill includes partnerships with ‘‘colleges of education and teacher professional development’’ as an additional purpose for Outreach Grants. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill includes partnerships with federal and state 

governmental entities as an additional purpose for Outreach 

Grants. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill modifies the purposes for Summer Institutes, 

by striking ‘‘foreign area’’ and inserting ‘‘area studies’’ in its place, 

and striking ‘‘of linkage and outreach.’’

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment and the House bill include partnerships or linkages with local educational agencies as an additional 

purpose for Outreach Grants. The Senate amendment includes 

‘‘State educational agencies’’ and the House bill includes private 

and public elementary and secondary schools. The House bill adds 

dissemination of materials as an additional purpose for Outreach 

Grants. 


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The House recedes. 

The Senate amendment includes ‘‘scholarship programs for 

students in related areas’’ as part of the purpose of linkage and 

outreach to federal and state governmental entities. 

The House bill contains no similar provision. 

The House recedes. 

The House bill adds ‘‘Undergraduate’’ to the name of the Graduate Fellowships program. The Senate amendment strikes ‘‘Graduate’’ from the name. 

The House recedes. 

The Senate amendment and the House bill have similar provisions that make eligible undergraduates engaged in ‘‘intermediate 

or advanced study of a less commonly taught language’’ and continue eligibility for graduate students engaged in pre-dissertation 

study, dissertation research, and dissertation writing. 

The House recedes. 

The Senate amendment amends the subsection on ‘‘Allowances’’ to add undergraduate expenses for educational programs in 

the United States and abroad. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment includes additional application requirements for all Graduate and Undergraduate Language and 

Area Centers and Programs. 

The House bill contains no similar provision. 

The House recedes with an amendment to strike the requirement that ‘‘[e]ach application shall also describe how the applicant 

will address disputes regarding whether activities funded under 

the application reflect diverse perspectives and a wide range of 

views.’’

Section 603. Language resource centers 

The House bill amends section 603(c) of the HEA to require 

that grants under this section also ‘‘reflect the purposes of this 

Part’’. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 604. Undergraduate international studies and foreign language programs 

The House bill replaces all occurrences of the term ‘‘combinations’’ in section 604(a)(1) of the HEA with ‘‘consortia.’’

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill renames, as an authorized use of funds under 

section 604(a)(2) of the HEA, ‘‘teacher training’’ as ‘‘teacher professional development.’’

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to retain ‘‘teacher 

training’’ as an authorized use of funds, insert ‘‘pre-service’’ before 

‘‘teacher training’’, and ‘‘in-service’’ before ‘‘teacher professional development.’’


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Both the Senate amendment and the House bill restrict grantees from using any more than ten percent of the grant for this purpose. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill authorizes funds to be used for partnerships 

with ‘‘local educational agencies and public and private elementary 

and secondary education schools.’’ Under current law funds may be 

used for partnership with ‘‘elementary and secondary education institutions.’’

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill authorizes the Secretary to waive the non-federal matching requirement for any eligible institution that demonstrates need for a waiver or reduction. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill requires that grants allowed under subsection 

(a)(6) ‘‘reflect the purposes of this Part.’’

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment amends the application requirements 

to include details on how scholarship information will be provided 

to students, how the funded activities reflect diverse perspectives 

and a range of views, and how the applicant will address disputes 

and encourage service. 

The House bill contains no similar provision. 

The House recedes with an amendment to strike the requirement that an applicant describe how it will address disputes. 

The House bill requires the Secretary to establish requirements for program evaluations and requires grant recipients to 

submit annual reports that evaluate the progress and performance 

of students participating in programs assisted under subsection (a). 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment raises the current ten percent limitation to twenty percent and limits the use of funds for section 

604(a)(2)(I) to not more than ten percent of a grant. The House bill 

repeals the current provision restricting the Secretary from using 

no more than ten percent of the funds appropriated for Title VI–

A to award grants under Section 604. 

The House recedes. 

Section 605. Research; studies 

The Senate amendment amends the provision regarding the 

study of the international education programs to authorize research or studies that may include an ‘‘evaluation of the extent to 

which programs assisted under this title reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs.’’

The House bill contains no similar provision. 

The House recedes with an amendment adding at the end of 

the provision ‘‘as described in the grantee’s application.’’


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The Senate amendment and the House bill amend the provision to authorize research or studies that may include ‘‘the systematic collection, analysis, and dissemination of data.’’ The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment amends the provision to authorize research or studies that may include ‘‘support for programs or activities to make data collected, analyzed, or disseminated under this 

section publicly available and easy to understand.’’ The House bill contains no similar provision. 

The House recedes. 

Section 606. Technological innovation and cooperation for foreign 

information access 

The House bill authorizes the Secretary to provide technological innovation grants to ‘‘partnerships’’ between ‘‘institutions or 

libraries and nonprofit educational organizations including museums.’’

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike ‘‘including 

museums’’. The Senate amendment and the House bill authorize grants 

using ‘‘electronic technologies to collect, organize, preserve, and 

widely disseminate’’ specified information ‘‘from foreign sources.’’ The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment authorizes the Secretary to provide 

grants for partnerships with not-for-profit educational organizations. 

The House bill contains no similar provision. 

The House recedes with an amendment to replace ‘‘not-for-profit’’ with ‘‘nonprofit’’. The Senate amendment and the House bill amend the list of 

authorized activities to include acquiring foreign information resources. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill amend the list of 

authorized activities to include establishing linkages between 

grantees and libraries, museums, organizations, or institutions of 

higher education located overseas. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment and the House bill amend the list of 

authorized activities to include other activities consistent with the 

purposes of this section. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment adds ‘‘library’’ as an entity that may 

submit an application. 

The House bill contains no similar provision. 

The House recedes. 

The House bill authorizes the Secretary to waive or reduce the 

non-federal matching requirement. 


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The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to establish a special 

rule under a new Section 623 of the HEA granting the Secretary 

the authority to waive or reduce all of the non-federal matching requirements under this title. 

Section 607. Selection of certain grant recipients 

The Senate amendment clarifies the current provision on the 

Secretary’s authority to award competitive grants under Section 

602 of the HEA. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment amends the selection criteria by requiring the Secretary to consider an applicant’s efforts to place and 

record of placing students into service in areas of national need. 

The House bill contains no similar provision. 

The House recedes. 

The House bill amends the selection criteria by requiring the 

Secretary to consider the extent to which applicants ‘‘address national needs, generate and disseminate information, and foster debate on international issues.’’

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to insert an ‘‘and’’

after ‘‘address national needs’’, and replace ‘‘, and foster debate on 

international issues’’ with ‘‘to the public’’. 

The House bill requires that grants under Section 602 reflect 

the purposes of this Part. 

The Senate amendment contains no similar provision. 

The House recedes. 

Section 608. American overseas research centers 

The Senate amendment adds an application requirement for 

grants to American overseas research centers. 

The House bill contains no similar provision. 

The House recedes. 

Section 609. Authorization of appropriations for international and 

foreign language studies 

The Senate amendment authorizes such sums as may be necessary for fiscal year 2008 and for the five succeeding fiscal years. 

The House bill authorizes appropriations of $80,000,000 for fiscal year 2009 and such sums as may be necessary for the four succeeding fiscal years. 

The House recedes with an amendment to authorize such sums 

as may be necessary for 2009 and each of the five succeeding fiscal 

years. 

Section 610. Conforming amendments 

The House bill replaces all occurrences of the term ‘‘combinations’’ in sections 603(a), 604(a)(5), and 612 of the HEA with ‘‘consortia.’’

The Senate amendment contains no similar provision. 

The Senate recedes. 


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The House bill replaces all occurrences of the term ‘‘combination’’ in Section 612 of the HEA with ‘‘consortium’’. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 611. Business and international education programs 

The House bill adds ‘‘manufacturing software systems, technology management’’ to the authorizing language for Centers for 

International Business Education under Section 612 of the HEA. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill includes Historically Black Colleges and Universities (HBCUs) and Hispanic-Serving Institutions (HSIs) of 

higher education as eligible recipients of grants to conduct permissible outreach activities. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill adds programs and activities ‘‘encouraging the 

advancement and understanding of cultural, technological management, and manufacturing software systems’’ to the list of permissible outreach activities. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike all that follows after ‘‘understanding of’’ in the House bill and replace with 

‘‘technology-related disciplines.’’

The House bill authorizes the Secretary to waive or reduce the 

non-federal matching requirement. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to establish a special 

rule under a new Section 623 of the HEA granting the Secretary 

the authority to waive or reduce all of the non-federal matching requirements under this title. 

The Senate amendment amends Section 612(f)(3) of the HEA 

to authorize the Secretary to require applicants to make ‘‘diverse 

perspectives’’ available to students. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment amends the application requirements 

in Section 613 of the HEA for education and training programs to 

require applicants to assure that ‘‘the activities funded by the grant 

will reflect diverse perspectives and a wide range of views on world 

regions and international affairs.’’

The House bill contains no similar provision. 

The House recedes. 

The House bill authorizes the Secretary to waive or reduce the 

non-federal matching requirement. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to establish a special 

rule under a new Section 623 of the HEA granting the Secretary 

the authority to waive or reduce all of the non-federal matching requirements under this title. 

The Senate amendment authorizes the Centers for International Business and the Educational and Training Programs at 


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such sums as necessary for fiscal year 2008 and the five succeeding 

fiscal years. 

The House bill authorizes the Centers for International Business at $11,000,000 for fiscal year 2009 and such sums as necessary for the four succeeding fiscal years. The House bill authorizes the Educational and Training Programs at $7,000,000 for fiscal 

year 2009 and such sums as necessary for the four succeeding fiscal years. 

The House recedes with an amendment to authorize such sums 

as may be necessary for fiscal year 2009 and each of the succeeding 

five years. 

Section 612. Minority foreign service professional development program 

The House bill renames the program established by Section 

621 of the HEA, the ‘‘Program for Foreign Service Professionals.’’ The Senate amendment contains no similar provision. 

The House recedes. 

The House bill modifies the provision on the establishment of 

the Institute for International Public Policy by requiring the Institute to increase the participation of ‘‘underrepresented populations 

in the international service’’, including ‘‘the international commercial service’’. The Senate amendment contains no similar language. 

The Senate recedes with an amendment to strike ‘‘the international commercial service.’’ The House bill expands eligibility under Section 621 of the 

HEA to include Tribally Controlled Colleges or Universities, Alaska 

Native, Native Hawaiian, and Hispanic-serving institutions of 

higher education. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to include programs 

eligible for assistance under Part A and B of Title III or Title V. 

The Senate amendment amends the application requirements 

under Section 621 to require applicants to describe how their activities ‘‘will reflect diverse perspectives and a wide range of views 

on world regions and international affairs, where applicable.’’

The House bill contains no similar provision. 

The House recedes with an amendment to add ‘‘and generate 

debate’’ after ‘‘range of views’’

The Senate amendment authorizes the Secretary to waive or 

reduce the non-federal matching requirement. 

The House bill contains no similar provision. 

The Senate recedes with an amendment to establish a special 

rule under a new Section 623 of the HEA granting the Secretary 

the authority to waive or reduce all of the non-federal matching requirements under this Title. 

Section 613. Institutional development 

The Senate amendment expands the list of programs eligible 

institutions will be enabled to strengthen under Section 622 of the 

HEA, including ‘‘international business, and foreign language study 

programs’’. 

The House bill contains no similar provision. 


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The House recedes. 

The Senate amendment and the House bill contain similar provisions that include ‘‘collaboration’’ among institutions of higher 

education to the institutional development goals under Subsection 

(a). 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment deletes definitions for ‘‘historically 

Black college or university’’ and ‘‘Tribally Controlled College or 

University’’ in Section 622(c) of the HEA. 

The House bill contains no similar provision. 

The House recedes with an amendment to relocate these definitions in Section 631 of the HEA. 

Section 614. Study abroad program 

The Senate amendment deletes references to definitions for ‘‘historically Black college or university’’ and ‘‘tribally controlled Indian community colleges’’ in Section 623 of the HEA. 

The House bill contains no similar provision. 

The House recedes with an amendment to relocate these definitions in Section 631 of the HEA. 

The House bill adds ‘‘Alaska Native-serving, Native Hawaiianserving, and Hispanic-serving institutions’’ to the program authorizing language under Section 623 of the HEA. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to replace ‘‘tribally 

controlled Indian community colleges’’ with ‘‘tribally controlled colleges or universities’’. 

Section 615. Advanced degree in international relations 

The Senate amendment and the House bill contain similar provisions to replace ‘‘master’s’’ with ‘‘advanced’’ degree in the program heading and in the second sentence of the program authorization of Section 624 of the HEA. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with technical revisions. 

The Senate amendment amends the first sentence of the program authorizing provision by inserting ‘‘, and in exceptional circumstances, a doctoral degree,’’ after ‘‘master’s degree’’. The House 

bill amends the first sentence by replacing ‘‘a master’s degree’’ with 

‘‘an advanced degree’’ and including the additional subjects of 

‘‘international affairs, international economics, or other academic 

areas related to the Institute fellow’s career objectives.’’

The Senate recedes. 

Section 616. Internships 

The Senate amendment deletes references to definitions for 

‘‘historically Black college or university’’ and ‘‘tribally controlled Indian community colleges’’ in Section 625 of the HEA. 

The House bill contains no similar provision. 

The House recedes with an amendment to relocate these definitions in Section 631 of the HEA. 

The Senate amendment replaces internships with the ‘‘United 

States Information Agency’’ with ‘‘the Department of State.’’


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The House bill contains no similar provision. 

The House recedes. 

The House bill adds ‘‘Alaska Native-serving, Native Hawaiianserving, and Hispanic-serving institutions’’ to the program authority. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill deletes the provision requiring that the Interagency Committee on Minority Careers in International Affairs assist in the internship program. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment deletes the position of Associate Director for Education and Cultural Affairs of the United State Information Agency. 

The House bill contains no similar provision. 

The House recedes. 

The House bill names the students participating in internships 

authorized under Section 625 of the HEA as Ralph J. Bunche Fellows. 

The Senate amendment contains no similar provision. 

The House recedes. 

Section 617. Financial assistance 

The Senate amendment authorizes financial assistance under 

Part C of this Title for summer stipends and Ralph Bunche Scholarships. 

The House bill contains no similar provision. 

The House recedes. 

Section 618. Report 

The Senate amendment and the House bill change the annual 

report on Part C to a biennial report. 

The Senate and the House recede with an amendment to replace ‘‘biennially’’ with ‘‘once every two years.’’

Section 619. Gifts and donations 

The Senate amendment amends the provision on gifts and donations under Part C to conform to its redesignation as Section 

628. 

The House bill contains no similar provision. 

The House recedes. 

Section 620. Authorization of appropriations for the Institute for 

International Public Policy 

The Senate amendment authorizes such sums as may be necessary to carry out Part C of this Title for fiscal year 2008 and the 

five succeeding fiscal years. 

The House bill authorizes $10,000,000 to carry out Part C of 

this Title for fiscal year 2009 and such sums as may be necessary 

for the four succeeding fiscal years. 

The House recedes with an amendment to authorize such sums 

as may be necessary for 2009 and the five succeeding fiscal years. 


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Section 621. Definitions 

The Senate amendment deletes the current definition of ‘‘critical languages’’ and re-designates the current definitions under 

Section 631 of the HEA. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment amends ‘‘comprehensive language and 

area center’’ to be ‘‘comprehensive foreign language and area or 

international studies center.’’ The Senate amendment adds a definition for ‘‘historically Black college and university.’’ The Senate 

amendment adds a definition for ‘‘tribally controlled college or university.’’ The Senate amendment amends ‘‘undergraduate language 

and area center’’ to be ‘‘undergraduate foreign language and area 

or international studies center.’’ The House bill contains no similar provisions. 

The House recedes. 

Section 622. New provisions 

The Senate amendment authorizes the Secretary to assess 

grantees’ compliance with the conditions and terms of Title VI, and 

includes a rule of construction that provides that this Title shall 

not be construed to authorize the Secretary to control an institution 

of higher education’s instructional program for the purposes of 

Title VI. 

The House bill contains no similar provision. 

The House recedes with an amendment to strike reference to 

the role of complaints in renewing grants under this Section. 

The Senate amendment and the House bill add a new Section 

633 that authorizes the Secretary to use no more than one percent 

of the funds appropriated for Title VI to conduct specified activities 

relating to the programs authorized under this Title. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The Senate amendment requires that the Secretary provide to 

the authorizing committees a biennial report that identifies areas 

of national need in foreign language, area, and international studies and a plan to address those needs. 

The House bill contains no similar provision. 

The House recedes with an amendment to replace ‘‘biennially’’ with ‘‘once every two years.’’ The House bill includes a provision regarding student safety 

policies while studying abroad. 

The Senate amendment contains no similar provision. 

The House recedes. 

Section 637. Science and technology advanced foreign language education grant program 

The House bill adds a new program to support the development of innovative programs for teaching foreign languages and to 

emphasize attaining an understanding of science and technological 

developments in non-English speaking countries. 

The Senate amendment contains no similar provision. 

The House bill authorizes such sums as may be necessary for 

fiscal year 2009 and each of the four succeeding fiscal years. 


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The Senate amendment contains no similar provision. 

The Senate recedes with an amendment that authorizes such 

sums as may be necessary for fiscal year 2009 and for each of the 

five succeeding fiscal years. 

Section 638. Reporting by institutions 

The House bill adds a new reporting requirement for Title VIfunded centers or programs at an institution of higher education 

that receive funds valued at more than $1,000,000 from a ‘‘foreign 

government or private sector corporation, foundation, or any other 

entity or individual (excluding domestic government entities) during any fiscal year.’’ Such institutions of higher education must report, as part of the Integrated Postsecondary Education Data System (IPEDS) data collection, the names and addresses of such contributors and the amount given. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike ‘‘$1,000,000’’

and replace with ‘‘$250,000’’, to delete the data collection requirement as part of the IPEDS and to require that information required under this section be publicly available. The conferees intend for the Department of Education to ensure the integrity of the 

reporting requirements under this Title and Section 117. In particular the conferees are concerned that donations are reported and 

categorized correctly. It is the intent of Congress that the Department of Education guidance prohibit avoidance of the disclosure of 

foreign gifts through the utilization of domestic conduits or through 

the reimbursement of domestic entity contributions. 

The House bill requires the Secretary to establish a foreign 

language marketing campaign. 

The Senate amendment contains no similar provision. 

The House recedes. 

TITLE VII—GRADUATE & POSTSECONDARY IMPROVEMENT 

PROGRAMS 

Section 701. Purpose 

The Senate amendment adds specific language areas to further 

define ‘‘areas of national need’’ under the purpose of Title VII. 

The House bill contains no similar provision. 

The House recedes with an amendment to include technology 

in the list of critical security needs. 

Section 702. Jacob K. Javits Fellowship Program 

The House bill gives institutions of higher education additional 

discretion to allow for Javits Fellows to interrupt their study due 

to exceptional circumstances for up to one year (or longer if called 

to active military service), without payment of the fellowship stipend. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment amends this section to require the Secretary to appoint a board consisting of nine individuals. 

The House bill contains no similar provision. 

The House recedes. 


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The Senate amendment adds to the qualifications of members 

of the Jacob K. Javits Fellows Program Fellowship Board (hereinafter referred to as ‘‘the board’’) based on geographic distribution 

of members, institutional affiliation, and representation from minority institutions of higher education, as defined in Section 365. 

The House bill includes similar provisions, and specifies that 

at least one member of the board must represent an institution of 

higher education eligible for grants under Titles III or V. 

The House recedes with an amendment to clarify that board 

representatives from minority institutions of higher education be 

from institutions of higher education eligible for grants under Titles III or V. 

The House bill specifies that the stipend amount is to be set 

at the comparable level on February 1 of the academic year of the 

recipient’s first award. This provision applies to awards for academic year 2009–2010 and later. The House bill redefines the institutional allowance paid to institutions of higher education by replacing a reference to a previous version of the Higher Education 

Act. The House bill also clarifies that the Consumer Price Index 

used for calculating inflationary increases is to be the All Urban 

Consumers index. 

The Senate amendment has no similar provisions. 

The Senate recedes with an amendment to strike ‘‘All Urban 

Consumers’’ and strike ‘‘on February 1st of such academic research 

year.’’

The House bill specifies that a Masters of Fine Arts degree is 

to be considered a terminal degree for the purpose of establishing 

eligibility for a Javits Fellowship. 

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment extends the Javits program authorization from fiscal year 2008—fiscal year 2013. The Senate amendment amends the authorization level by removing any specified 

level. 

The House bill extends the Javits program authorization from 

fiscal year 2009—fiscal year 2013. The House bill retains a specified level ($30,000,000) for the first year of authorization (fiscal 

year 2009). 

The Senate recedes with an amendment to extend the authorization through fiscal year 2014. 

Section 703. Graduate assistance in areas of national need 

The Senate amendment and the House bill redefine ‘‘areas of 

national need’’ for the purpose of identifying eligible grantees for 

GAANN. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill adds a priority for specified purposes to support 

programs preparing professors to become faculty of teacher education programs in specified fields (math, science, special education, and limited English proficiency). The House bill requires 

grant applications from teacher education programs to include 

plans for collaboration with other academic programs. 

The Senate amendment contains no similar provision. 


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The House recedes. 

The Conferees recognize the Graduate Assistance in Areas of 

National Need (GAANN) program has been amended to include a 

subsection which directs the Secretary to consider an ‘‘assessment 

of the current and future professional workforce needs of the 

United States’’ when selecting GAANN designated fields. In 2007, 

the U.S. Bureau of Labor Statistics projected that more than one 

million new and replacement nurses will be needed by 2016. A significant contributing factor to the nursing shortage is the need for 

nurse faculty. According to the American Association of Colleges of 

Nursing, the national nurse faculty vacancy rate in baccalaureate 

and graduate schools of nursing is 8.8%. Given the revisions to this 

program and the national shortage of nurses and nurse educators, 

we respectfully request that the Secretary continue to select nursing as a discipline covered under the GAANN program. 

The Senate amendment and the House bill clarify that the stipend levels for the GAANN program are equal to the National 

Science Foundation Graduate Research Fellowship Program. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill further specifies the stipend amount is to be set 

at the comparable level on February 1 ‘‘of such academic year.’’

The Senate amendment contains no similar provision. 

The House recedes. 

The Senate amendment specifies that this provision applies to 

awards for 2008–2009 and later. The House bill specifies that this 

provision applies to awards for 2009–2010 and later. 

The Senate recedes. 

The Senate amendment updates the years from which institutional payments are based beginning in 2007–2008. 

The House bill updates the years from which institutional payments are based beginning in 2008–2009, and ties the payments to 

the All Urban Consumers Price Index. 

The Senate recedes with an amendment to strike the reference 

to the All Urban Consumers Price Index. 

The Senate amendment amends the authorization level by removing any specified level for the first year of authorization (fiscal 

year 2008). 

The House bill retains a specified level ($35,000,000) for the 

first year of authorization (fiscal year 2009). 

The Senate recedes with an amendment to extend the authorization through fiscal year 2014. 

The House bill makes technical amendments to Section 714(c) 

to correct incorrect references to other provisions. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill adds language to clarify that master’s degree 

programs are included in academic programs eligible for GAANN. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to include doctoral degrees in definition of eligible programs in addition to master’s degrees. 


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The House bill adds language to specify that a GAANN fellowship recipient must pursue the highest possible degree in their field 

that is offered by the institution of higher education. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 704. Thurgood Marshall Legal Educational Opportunity 

Program 

The Senate amendment and the House bill make similar 

changes to the Thurgood Marshall Legal Educational Opportunity 

program, expanding eligibility for services to students seeking ‘‘admission to law practice.’’ In so doing, the Senate amendment refers 

to ‘‘secondary school students’’ while the House bill refers to ‘‘middle and high school students.’’ The House recedes. The Conferees intend that ‘‘secondary 

school’’ encompass both middle schools and high schools. 

The Senate amendment expands the description of a grant activity to include preparing students for successful completion of a 

baccalaureate program for study at accredited law schools. 

The House bill includes similar changes. 

The House recedes. 

The Senate amendment expands the description of a grant activity to include pre-college and summer academic programs. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment expands eligibility for subgrants to bar 

associations. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment amends stipend authorization language to include Thurgood Marshall program associates. Stipend 

recipients must maintain satisfactory progress towards the Juris 

Doctor or Bachelor of Laws degree, as determined by the respective 

institution. The Senate amendment exempts graduates in bar preparation courses from meeting this requirement. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment removes an explicit appropriation level 

authorization and authorizes the program for fiscal year 2008–fiscal year 2013. 

The House bill retains the authorization level of $5,000,000 per 

year and authorizes the program for fiscal year 2009–fiscal year 

2013. 

The Senate recedes with an amendment to extend the authorization through fiscal year 2014. 

The House bill repeals an expired continuation provision. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 705. Sense of Congress 

The Senate amendment and the House bill establish a new 

program to award competitive grants to institutions for fellowships 

to minorities and women seeking doctoral degrees with the intent 

of entering the professoriate under Title VIII. 


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The Conferees adopt the provision as proposed by both the 

Senate and the House with an amendment to add a Sense of the 

Congress regarding the importance of inter-institutional cooperation in addressing the under-representation of women and minorities in the higher education professoriate. 

Section 706. Masters degree programs at Historically Black Colleges 

and Universities and Other Minority Serving Institutions 

The House bill establishes a new program to provide competitive grants to qualifying master’s degree programs at a specified 

list of Historically Black Colleges and Universities and Minority 

Serving Institutions to provide fellowships to students in specified 

STEM and health fields. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to create a program 

for Historically Black Colleges and Universities under section 723, 

a program for Predominantly Black Institutions under section 724, 

and to authorize appropriations for both programs under section 

725 and to allow grantees to expand the uses of funds. 

The Conferees acknowledge that this new authorization dramatically expands the focus on graduate education at the Historically Black Colleges and Universities (HBCUs) by expanding the 

number of institutional participants in the Title III, B Section 326 

Historically Black Graduate Institution program, and by creating 

two new masters degree programs in Title VII that serve the Black 

student community. The Conferees believe that this expansion is 

warranted in light of the need to dramatically increase the number 

of minorities, especially African Americans, earning degrees in the 

physical and natural sciences, computer science, information technology, engineering, mathematics, nursing and allied health, as 

well as in medicine, veterinary medicine, dentistry, pharmacy, and 

law. Currently, Title III, B provides grants for undergraduate programs at HBCUs and doctoral and first professional degree programs at HBCUs. Conferees acknowledge that there has been confusion in recent years regarding the Section 326 program and wish 

to make clear that the focus and intent of the section 326 program 

is to support doctoral and first professional degree programs at eligible HBCUs. 

Recognizing the importance of increasing the number of African Americans holding master’s degrees, with this reauthorization, 

Conferees are creating two master’s degree programs to further advance educational opportunities for African Americans. Moreover, 

the Conferees are committed to increasing funds for the existing 

Strengthening Historically Black Colleges and University (Section 

323) program in order to assure that a strong ‘‘pipeline’’ of qualified 

baccalaureate degree holders is available to compete for acceptance 

into HBCU graduate and professional schools, as well as other 

graduate and professional schools throughout the United States. 

This should begin by assuring that the infusion of $85 million in 

additional funds provided to HBCUs through the College Cost and 

Reduction Act is retained and used to supplement, and not supplant the $238.1 million in discretionary Title III, B funds. 

Conferees recognize the vital role HBCUs play in our nation’s 

system of higher education. Following passage of the Civil Rights 


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Act of 1964, Congress in 1965 created distinct federal support for 

HBCUs which, in the face of legally sanctioned discrimination, had 

worked to raise the educational outcomes of African Americans. Although HBCUs represent just three percent of all colleges and universities in the nation, HBCUs account for 21.6% of all baccalaureate degrees awarded to Black Americans, 11.4% of all master’s 

degrees, and 10.8% of all doctoral degrees. Additionally, HBCUs 

year in and year out dominate the top 10 lists of colleges and universities in the awarding of baccalaureate and graduate degrees 

awarded to Black Americans in the sciences and engineering. 

Conferees also recognize the significant role that Predominantly Black Institutions (PBIs) have in providing postsecondary 

education. These institutions are ineligible for funding under Title 

III, B because they do not meet the definition of an HBCU which 

Congress established when HBCUs were first recognized by Congress in 1965. Nevertheless, Conferees recognize that PBIs represent an important cadre of four-year and two-year institutions 

that serve as the access point for a growing number of urban and 

rural Black students whose family and financial situations limit 

their ability to gain access to college in many states. Many of these 

students come from low-income families and are also ‘‘first generation’’ college students, whose educational preparation for college 

and family finances to pay for college present special challenges to 

educational success. PBIs are meeting vital higher education needs 

for traditionally underrepresented students, a disproportionate 

number of whom are African American. The master’s program for 

PBIs aims to serve the needs of a growing number of students 

seeking to expand their educational opportunities. This program 

will work hand in hand with the undergraduate PBI program and 

serve as a pipeline for underrepresented and underserved populations to go on to and pursue a master’s degree. 

Conferees recognize that both HBCUs and PBIs contribute to 

the development of Black master’s professionals. Conferees respect 

the historical and distinct differences between these types of institutions; at the same time, Conferees recognize that both serve similar communities. 

For this reason, Conferees intend that future appropriations 

authorized under section 725 for each program represent the proportionate number of eligible institutions in sections 723 and 724 

relative to the total number of institutions in subpart 4 and in accordance with the minimum grant provisions (sections 723(a) and 

724(a)), funding rule provisions (sections 723(f) and 724(f)), and 

hold harmless provisions (sections 723(g) and 724(g)) in each program. This will ensure equitable levels of funding for each program 

and will encourage stakeholders to work together to secure resources. An institution shall not receive more than one grant under 

section 723 or 724 for the same fiscal year. Grants may periodically 

be renewed for a period of time to be determined by the Secretary. 

Section 707. Fund for the Improvement of Postsecondary Education 

The House bill amends the FIPSE authority by placing an emphasis on providing opportunities for non-traditional student populations and emphasizing joint efforts that provide ‘‘for academic 

credit.’’


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The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to encourage improved 

opportunities for all students, including non-traditional students 

and add to the purpose to create programs involving paths to career and professional training, including efforts that provide academic credit for programs and combinations of academic and experiential learning. 

The Senate amendment and the House bill amend the stated 

grant purposes pertaining to supporting technology of communications, including delivery of distance education, but the Senate explicitly includes ‘‘health professions serving medically underserved 

populations.’’ The House recedes. 

The House bill amends the FIPSE authority by changing ‘‘institutions’’ to ‘‘postsecondary institutions.’’ The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment adds to the FIPSE authority to include 

remedial postsecondary English language instruction. The House 

bill adds to the authority to support and assist partnerships between institutions of higher education and secondary schools that 

have not less than ten percent of the schools’ enrollment assessed 

as late-entering limited English proficient students. 

The Senate and the House recede with an amendment to adopt 

both new additions with an amendment to strike the ten percent 

requirement and replace that criterion with ‘‘secondary schools that 

have a significant population identified as late-entering limited 

English proficient.’’ The Senate amendment and the House bill amend the FIPSE 

authority by adding the development of institutional consortia to 

design and offer curricular programs that focus on poverty and 

human capabilities, which includes a service-learning component. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill amends FIPSE authority by adding the following programs: assessment of teacher education programs; reduction of illegal downloading of copyrighted content; promoting fire 

safety in student housing; assessing the feasibility of an inter-institutional monitoring organization on gender and racial equality in 

campus faculty administration; demonstration projects for homeless 

and former foster students to provide housing during academic 

breaks; and promoting diversity in the entertainment industry. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to strike the assessment of teacher education programs, illegal downloading, fire safety in student housing, and an inter-institutional monitoring organization on gender and racial equality. 

The Senate amendment and the House bill establish a Center 

for Best Practices To Support Single Parent Students. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

The House bill amends FIPSE to require that funds made 

available under FIPSE are not to be given to students who are not 

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ated States, or are otherwise in the United States not temporarily 

to seek citizenship or residency, or to institutions of higher education not meeting certain energy efficiency standards for new construction. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to: create a priority 

under FIPSE for institutions of higher education that meet certain 

energy efficiency standards for new construction; and clarify that 

only funds made available under FIPSE for the purpose of providing direct financial assistance to an individual student are to be 

limited to eligible citizens, in order to align student eligibility for 

grants under the FIPSE program with Title IV eligibility. 

The Conferees do not intend to limit funds that are made 

available under FIPSE for programs that are provided to citizens 

and non-citizen students together, such as an institution wide program or, to exclude non-citizens from such program. 

The Senate amendment and the House bill add a new scholarship program under FIPSE for dependent children and spouses of 

post-9/11 veterans killed or disabled in duty and current active 

duty military personnel. The Senate amendment describes spousal 

eligibility; caps scholarships at $5,000; and accounts for cost of attendance—disallowing the scholarship and other non-loan based 

aid to exceed cost of attendance. The House bill describes spousal 

eligibility in a substantively similar way to the Senate and caps 

scholarships at $5,000. The Senate amendment and the House bill 

include a provision that nonprofit organizations receiving a contract under this subsection may not use more than one percent of 

funds for administrative costs. 

The Senate recedes with an amendment to ensure the grant 

does not exceed the cost of attendance. 

The House bill substitutes references to the Director of FIPSE 

with references to the Secretary, and eliminates requirements to 

establish FIPSE grant and contracting procedures. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment amends the areas for national need for 

which grants for special FIPSE projects may be awarded to include 

instructional improvement and assessment and specifies model programs to include model core curricula. 

The House bill amends the areas for national need for which 

grants for special FIPSE projects may be awarded to include 

courses in American and world history and other core subjects, and 

support centers for quality and safety in preparing medical and 

nursing students. 

The House recedes with an amendment to include support for 

centers for medical quality. 

The Senate amendment removes any specific authorization 

level for FIPSE and extends authorization for fiscal year 2008–fiscal year 2013. 

The House bill raises authorization for the fiscal year 2009 to 

$40,000,000 and such sums as may be necessary for fiscal year 

2009–fiscal year 2013. 

The Senate recedes with an amendment to extend the authorization through fiscal year 2014. 


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Section 708. Repeal of the Urban Community Service Program 

The Senate amendment repeals the Urban Community Service 

Program. 

The House bill repeals the Urban Community Service Program 

and replaces it with an ‘‘Urban-Serving Research Universities’’ program to expand research and other urban-service initiatives in 

partnerships with other public non-profit organizations. The program is authorized for $50,000,000 per year for fiscal year 2009–

fiscal year 2013. 

The House recedes. 

Section 709. Programs to provide students with disabilities with a 

quality higher education 

Both the Senate amendment and the House bill amend Part D 

of Title VII. 

The Conferees adopt the provisions with the following amendments. 

The Senate amendment and House bill make similar changes 

to the program supporting postsecondary faculty in educating students with disabilities in Part D of Title VII, and establish a new 

comprehensive transition program for students with intellectual 

disabilities, as well as a coordinating center for technical assistance, evaluation, and development of accreditation standards to 

support such transition programs. 

The Senate amendment also amends the program supporting 

postsecondary faculty in educating students with disabilities to create ‘‘disability career pathways’’ to encourage students with disabilities and nondisabled students to enter disability-related fields. 

The House bill contains no similar provision. 

The House bill also establishes an Advisory Commission on Accessible Instructional Materials in Postsecondary Education for 

Students with Disabilities, model demonstration programs to support improved access to postsecondary instructional materials for 

students with print disabilities, and a National Technical Assistance Center to provide information and technical assistance for students with disabilities to improve the postsecondary recruitment, 

retention, and completion rates of such students. 

The Senate amendment contains no similar provisions. 

The House and Senate recede with an amendment to adopt 

various changes to the program supporting postsecondary faculty 

in educating students with disabilities, place the program in a new 

Subpart 1 of Part D, and establish new subparts 2, 3, and 4 in Part 

D, as follows: 

SUBPART 1—DEMONSTRATION PROJECTS TO SUPPORT POSTSECONDARY

FACULTY, STAFF AND ADMINISTRATORS IN EDUCATING STUDENTS

WITH DISABILITIES

The Conferees amend the authorized activities of the program 

to include teaching methods and strategies consistent with the 

principles of universal design for learning, and specify that such 

methods and strategies should provide postsecondary faculty, and 

staff and administrators with the skills and supports necessary to 

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abilities. The Conferees also add options to the list of authorized 

activities, including effective transition practices for students with 

disabilities, accessible distance learning strategies, ‘‘disability career pathways,’’ and curriculum development that makes postsecondary education more accessible to students with disabilities. 

The Conferees amend the application requirements to include 

a description of the extent to which the applicant will work to replicate best practices in serving students with disabilities. 

The Conferees require the Secretary to prepare and disseminate reports, reviewing both prior and new demonstration projects 

authorized under this subpart and providing recommendations on 

how effective projects can be replicated. 

The Conferees authorize such sums as may be necessary for 

fiscal year 2009 and each of the five succeeding fiscal years to carry 

out the purposes of this subpart. 

SUBPART 2—TRANSITION PROGRAMS FOR STUDENTS WITH

INTELLECTUAL DISABILITIES INTO HIGHER EDUCATION

The Conferees establish a new subpart 2 of Part D to support 

model demonstration programs that promote the successful transition of students with intellectual disabilities into higher education. 

Comprehensive transition and postsecondary programs for students 

with intellectual disabilities are defined as degree, certificate, or 

non-degree programs that are offered by an institution of higher 

education, designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, 

and independent living instruction at an institution of higher education, include an advising and curriculum structure, and require 

students with intellectual disabilities to participate on not less 

than a half-time basis in coursework and other activities with nondisabled students. The Conferees intend to encourage such programs to integrate students with intellectual disabilities into inclusive activities, coursework and campus settings with nondisabled 

postsecondary students, and that such programs include measurable outcomes, such as attainment of a degree or certificate. 

A student with an intellectual disability is defined as a student 

with mental retardation or a cognitive impairment characterized by 

significant limitations in intellectual and cognitive functioning and 

adaptive behavior, and who is currently, or was formerly, eligible 

for a free, appropriate public education under the Individuals with 

Disabilities Education Act (IDEA). The Conferees recognize that 

some students with disabilities who are eligible for a free and appropriate public education may not enroll in public schools, nor 

choose to receive special education services under the Individuals 

with Disabilities Education Act. The Conferees intend to include 

such students in the definition of students with intellectual disabilities under this Act, if such students can otherwise demonstrate 

they meet the eligibility criteria. 

The Conferees authorize the Secretary to competitively award 

grants to institutions of higher education, or consortia of such institutions, to create or expand the model demonstration programs, 

and specify that the program shall be administered by the office at 

the Department of Education that administers other postsecondary 

programs. Grants are authorized to be awarded for a period of five 


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years. The Conferees direct the Secretary, in awarding such grants, 

to provide for an equitable geographic distribution of grants, provide grants to institutions or consortia that are located in areas 

that are underserved by such programs and to give preference to 

institutions or consortia that agree to form partnerships with other 

relevant agencies that serve students with intellectual disabilities, 

integrate students with intellectual disabilities into institutionally 

owned or operated housing offered to students without disabilities, 

or involve students attending the institution who are studying special education, general education, vocational rehabilitation, assistive technology, or related fields in the model program. 

The Conferees authorize various uses of funds for institutions 

or consortia receiving grants under this subpart, including the provision of individual supports and services for the academic and social inclusion of students with disabilities in academic courses, extracurricular activities, and other aspects of the institution’s postsecondary program; a focus on academic enrichment, socialization, 

independent living skills, and integrated work experiences and career skills; integration of person-centered planning for the participating students; participation of the institution or consortium in 

the coordinating center established in subpart 4; partnerships with 

one or more local educational agencies to support students with intellectual disabilities who are still eligible for education and related 

services under IDEA to participate in the model programs; and the 

creation and offer of a meaningful credential for students with intellectual disabilities upon completion of the model program. The 

Conferees also require an institution or consortium receiving a 

grant under this subpart to provide matching funds of not less than 

twenty-five percent of the cost of the model program supported 

under the grant, which may be provided in cash or in kind. 

The Conferees require the Secretary to prepare and disseminate a report, within five years of the date of the first grant awarded under this subpart, which reviews the programs supported 

under this subpart and provides recommendations on how model 

programs can be replicated. The Conferees include a rule of construction to specify that nothing in the subpart shall be construed 

to reduce or expand the obligation of a State or local educational 

agency to provide a free, appropriate public education under IDEA, 

or eligibility requirements under any Federal, State, or local disability law. 

The Conferees recognize that under the Individuals with Disabilities Education Act, nothing prohibits the use of Part B funds 

to support students with disabilities in transition programs at institutions of higher education, if the Individualized Education Program Team determines that such a program is the appropriate 

placement for the student. 

The Conferees authorize such sums as may be necessary for 

fiscal year 2009 and each of the five succeeding fiscal years to carry 

out the purposes of this subpart, and include a reservation of funds 

for the coordinating center authorized in subpart 4. 


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SUBPART 3—COMMISSION ON ACCESSIBLE MATERIALS; PROGRAMS TO

SUPPORT IMPROVED ACCESS TO MATERIALS

The Conferees establish a new subpart 3 of Part D that creates 

an Advisory Commission on Accessible Instructional Materials in 

Postsecondary Education for Students with Disabilities, and model 

demonstration programs to support improved access to postsecondary instructional materials for students with print disabilities. 

The term ‘‘student with a print disability’’ is defined as a student 

with a disability who experiences barriers to accessing instructional materials in nonspecialized formats, including students eligible under 17 U.S.C. 121(d)(2). The Conferees acknowledge that students with a range of impairments, including but not limited to visual impairments, physical limitations, dyslexia, and intellectual 

disabilities, may meet this definition. Among other activities, the 

Conferees intend that the Commission will analyze the different 

definitions of eligible students in applicable Federal law and make 

recommendations as to the scope of the definition of student with 

a print disability. 

The Conferees direct the Secretary to appoint nineteen members to the Commission from various categories, including representatives from the Department, the Library of Congress, associations representing individuals with disabilities, associations representing publishers, institutions of higher education with experience in teaching or supporting students with print disabilities, producers of accessible materials, and individuals with print disabilities, including postsecondary students. The Commission is directed 

to meet for the first time no later than ninety days after the establishment of the Commission. 

The Conferees direct the Commission to conduct a comprehensive study to assess the barriers that affect, and the technical solutions that can improve, the timely delivery and quality of accessible 

instructional materials for students with print disabilities, as well 

as the effective use of such materials by postsecondary faculty and 

staff. The Commission is directed to make recommendations related to a comprehensive approach to improve the opportunities for 

postsecondary students with print disabilities to access instructional materials in specialized formats in a timeframe comparable 

to the availability of standard instructional materials for postsecondary students without disabilities. 

The Commission is also directed to develop recommendations 

to inform Federal regulations and legislation and support the 

model demonstration programs to improve access to postsecondary 

instructional materials for students with print disabilities authorized in the subpart. Such recommendations are to identify best 

practices related to systems for collecting, maintaining, processing, 

and disseminating materials in specialized formats; improve the effective use of such materials by faculty and staff while complying 

with applicable copyright law; and analyze and consider modifications to the terms ‘‘instructional materials,’’ ‘‘authorized entities,’’

and ‘‘eligible students’’ in applicable Federal law for the purpose of 

improving services to students with disabilities. The Conferees recognize the importance of accessible instructional materials for all 

students with disabilities, while also recognizing the importance of 


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maintaining appropriate copyright protections, and the opportunity 

to market universally-designed materials that meet the needs of all 

students, for publishers of instructional materials. 

In conducting its study and developing its recommendations, 

the Conferees intend for the Commission to identify, and draw 

upon the expertise of, national non-profit organizations and other 

entities with extensive experience providing accessible instructional 

materials to postsecondary students with print disabilities. Such 

organizations and entities should have proven track records in conducting research into the creation of file standards for accessible 

instructional materials, implementing models for the provision of 

accessible instructional materials for postsecondary students with 

print disabilities, and collaborating with publishers and other 

stakeholders in these efforts. The Conferees note that the following 

organizations and entities have done useful work in these areas: 

the Recording for the Blind & Dyslexic Technology Advisory Committee, Benetech Bookshare, the Critical Issues Task Force of the 

Association of American Publishers Higher Education Division, the 

Center for Applied Special Technology, the Association of Higher 

Education and Disabilities E-Text Solutions Working Group, the 

Library of Congress National Digital Information and Infrastructure Preservation Program Copyright Working Group, and the Advisory Council and the Technical Assistance and Development Centers of the National Instructional Materials Access Center. The 

Conferees recommend that the Commission consider the work of 

these groups in its efforts, and identify other entities with technical 

expertise in the Commission’s areas of study, including entities 

that may have used federal dollars to identify solutions. 

In developing these recommendations, the Commission is directed to consider how students with print disabilities may obtain 

materials in accessible formats in a timeframe, comparable to the 

availability of materials to students without disabilities; and to the 

maximum extent practicable, at comparable costs; the feasibility of 

establishing standardized electronic file formats for accessible materials; the feasibility of establishing a national clearinghouse, repository, or file-sharing network for such materials; the feasibility 

of market-based solutions involving collaborations among publishers and institutions of higher education to increase the availability of accessible materials; solutions utilizing universal design; 

and solutions for low-incidence, high-cost requests for materials in 

specialized formats. The Conferees direct the Commission to submit a report detailing its findings and recommendations to the Secretary and the authorizing committees not later than one year after 

the Commission’s first meeting. 

With respect to the model demonstration programs to support 

improved access to postsecondary instructional materials for students with print disabilities, the Conferees authorize the Secretary 

to award grants or contracts, on a competitive basis, to not less 

than one partnership consisting of an institution of higher education with demonstrated expertise in meeting the needs of students with print disabilities, and a public or private entity with 

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ficient dissemination of such materials. The partnership may include representatives of the publishing industry. 

The Conferees direct partnerships receiving grants or contracts 

under this subpart to conduct a variety of required activities, including the development and implementation of processes to identify and verify eligibility of postsecondary students with print disabilities; procedures to facilitate methods to request such materials; procedures to coordinate among institutions of higher education, publishers, and entities that produce materials in specialized formats; systems to deliver specialized materials in a timely 

fashion, and to reduce duplicative conversions of such materials; 

procedures to protect against copyright infringement with respect 

to materials in specialized formats; and outreach and awareness 

activities for postsecondary students, faculty and staff regarding 

the acquisition and dissemination of materials in specialized formats and materials utilizing universal design. 

The Conferees direct the Secretary, in awarding such grants or 

contracts, to give preference to partnerships that support a unified 

search for accessible instructional materials across multiple databases or market-based approaches to make accessible instructional 

materials available to eligible students at prices comparable to the 

prices of standard instructional materials. 

The Conferees direct the Secretary to submit a report to the 

authorizing committees, not later than three years after the date 

of the first contract or grant awarded under this subpart, which details the grants and contracts supported under this subpart, as well 

as the number of students with print disabilities served by such 

grants or contracts. The Conferees authorize the Secretary to expand the model programs supported under this subpart on the 

basis of this report and other related reports. 

The Conferees include a rule of construction to specify that 

nothing in the subpart shall be construed to limit or preempt a 

State law regarding the production or distribution of postsecondary 

instructional materials in accessible formats to students with disabilities. 

The Conferees authorize such sums as may be necessary for 

fiscal year 2009 and each of the five succeeding fiscal years to carry 

out the purposes of this subpart, and include a reservation of funds 

for the Advisory Commission authorized in the subpart. 

SUBPART 4—NATIONAL TECHNICAL ASSISTANCE CENTER; 

COORDINATING CENTER

The Conferees establish a new subpart 4 of Part D that creates 

a National Center for Information and Technical Support for Postsecondary Students with Disabilities to provide information on best 

and promising practices to students with disabilities, the families 

of such students, and entities awarded grants, contracts, or cooperative agreements under subparts 1, 2, and 3 of Part D to improve 

the postsecondary recruitment, transition, retention, and completion rates of students with disabilities. Subpart 4 also authorizes 

a coordinating center to support inclusive comprehensive transition 

and postsecondary programs for students with intellectual disabilities, including those authorized under subpart 2. 


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The Conferees establish and support a National Center for Information and Technical Support for Postsecondary Students with 

Disabilities. The Conferees specify that an institution or higher 

education or nonprofit organization, with demonstrated expertise in 

supporting students with disabilities in higher education, technical 

knowledge related to the dissemination of information in accessible 

formats, and working with diverse types of institutions of higher 

education, or partnership of two or more such institutions or organizations, may qualify as the eligible entity authorized to operate 

the National Center. The Conferees specify that the National Center shall provide information and technical assistance to students 

with disabilities and the families of such students, to support students across the broad spectrum of disabilities, including information to assist students with disabilities in planning for postsecondary education while they are in secondary school; information 

to improve the participation of students with disabilities in early 

outreach programs supported under Title IV; information on research-based supports available in postsecondary settings; information on student mentoring and networking opportunities; and effective recruitment and transition practices for students with disabilities at institutions of higher education. 

The Conferees further specify that the National Center shall 

provide information and technical assistance to postsecondary faculty, staff, and administrators to improve the services provided to, 

the accommodations for, the retention rates of, and the completion 

rates of students with disabilities in higher education settings. 

These activities may include collection and dissemination of best 

practices and materials for accommodating and supporting students with disabilities; the development of training modules for 

higher education faculty for such purpose; and development of technology-based tutorials. The Conferees authorize the National Center to build, maintain, and update a database of disability support 

information related to postsecondary education that shall be made 

available to the public through a website built to high technical 

standards of accessibility. 

The Conferees direct the National Center to prepare periodic 

reports to the Secretary and the authorizing committees analyzing 

the condition of postsecondary success for students with disabilities, including a review of the programs authorized under Part D; 

annual enrollment and graduation rates of students with disabilities at institutions of higher education; recommendations for effective supports and services for students with disabilities in higher 

education; recommendations on reducing barriers to full participation of such students in higher education; and a description of successful strategies in improving the success of such students in postsecondary education. The first of such reports shall be submitted 

not later than three years after the establishment of the Center, 

and every two years thereafter. 

The Conferees specify that in hiring employees of the National 

Center, the center shall consider prospective employees’ experience 

in providing training and technical assistance to practitioners. 

The Conferees establish a Coordinating Center for Model Programs for Students with Intellectual Disabilities, which will serve 

as a coordinating center for technical assistance, evaluation, and 


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recommendations related to the development of standards for institutions of higher education that offer inclusive comprehensive transition and postsecondary programs for students with intellectual 

disabilities. The Conferees recognize that there may currently exist 

inclusive comprehensive transition and postsecondary programs for 

students with intellectual disabilities as defined by this Act, and 

intend the Coordinating Center to work with such programs as well 

as those participating in grants authorized under subpart 2. The 

Conferees specify that an entity or partnership of entities with 

demonstrated expertise in the fields of higher education, the education of students with intellectual disabilities, the development of 

comprehensive transition and postsecondary programs for students 

with intellectual disabilities, and evaluation and technical assistance may qualify as the eligible entity to operate the coordinating 

center. The Conferees authorize the Secretary to enter into an 

agreement with an eligible entity to operate the coordinating center 

for a period of five years. 

The Conferees direct that the coordinating center shall serve 

as the technical assistance entity for all comprehensive transition 

and postsecondary programs for students with intellectual disabilities, and that the center shall provide technical assistance regarding the development, evaluation, and improvement of such programs; develop an evaluation protocol for such programs; and assist recipients of grants under subpart 2 of Part D in providing a 

meaningful credential to students with intellectual disabilities who 

complete such programs. The Conferees also direct the coordinating 

center to develop recommendations on various components of the 

programs supported under subpart 2, analyze potential funding 

streams for such programs, develop model memoranda of agreement among institutions of higher education, States, and local educational agencies with respect to such programs; develop mechanisms for the regular communication, outreach and dissemination 

of information about such programs among relevant groups; and 

convene a workgroup to develop model criteria, standards, and 

components of such programs that are appropriate for the development of accreditation standards for these programs. 

The Conferees direct the coordinating center to prepare a report to the Secretary, the authorizing committees, and the National 

Advisory Committee on Institutional Quality and Integrity, no later 

than five years after the date of establishment of the coordinating 

center, on the recommendations of the workgroup charged with developing model criteria and standards appropriate for the development of accreditation standards for comprehensive transition and 

postsecondary programs for students with intellectual disabilities. 

The Conferees authorize such sums as may be necessary for 

fiscal year 2009 and each of the five succeeding fiscal years to carry 

out the purposes of this subpart. 

Section 710. Subgrants to nonprofit organizations 

The House bill clarifies that guaranty agencies are eligible for 

subgrants under the College Access Challenge Grant Program created by CCRAA. 

The Senate amendment contains no similar provision. 

The Senate recedes. 


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TITLE VIII—ADDITIONAL PROGRAMS 

Section 801. Additional programs 

The Senate amendment and the House bill create a new Title 

VIII to add new programs to the Act. 

The Senate and House recede with amendments to Title VIII 

as follows. 

Section 801. Project GRAD 

The Senate amendment and the House bill authorize a new 

program to provide funding through a grant for a non-profit organization called Project GRAD USA to support integrated secondarypostsecondary graduation reform efforts. The Senate amendment 

establishes the program as a subsection of FIPSE. The House bill 

establishes the program under Title VIII. 

The Senate recedes on placement and with an amendment to 

strike the term disadvantaged students and replace with low-income students, to reduce the administrative funding from eight 

percent to five percent, and to include additional outcome criteria 

for determining the funding level for grantees. The House and Senate recede to require the Secretary enter into a contract, rather 

than a grant, with Project Grad. 

Section 802. Mathematics and science scholars program 

The Senate amendment establishes a new competitive grant 

program that authorizes the Secretary to award competitive grants 

to states. States would award $1,000 scholarships to first and second year undergraduate students who complete a rigorous high 

school program in math and science. States must match fifty percent of federal funds and may set priorities (e.g., underrepresented 

groups) for the scholarships. The Senate amendment authorizes appropriations of such sums as may be necessary fiscal year 2008 

through fiscal year 2009. 

The House bill contains no similar provision. 

The House recedes with an amendment to increase the scholarship award from $1,000 to $5,000, to limit eligibility to first year 

undergraduate students, and to incorporate provisions from the 

Math and Science incentives program from Title IV of the House 

bill. 

The Conferees intend that States awarding scholarships from 

the Mathematics and Science Scholars Program should take into 

account the regional and geographic needs of the State in determining which eligible students receive the scholarships. 

Section 803. Business workforce partnerships for job skill training 

in high-growth occupations or industries 

The Senate amendment authorizes the Secretary to award 

competitive grants to partnerships between institutions of higher 

education and local workforce investment boards for development 

of job training programs in high-growth industries. Grants would 

fund training for ‘‘non-traditional’’ students meeting specified criteria. The Senate amendment authorizes appropriations of such 

sums as may be necessary for fiscal year 2008 through fiscal year 

2009. 


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The House bill includes a related Business Workforce Partnership grant program that authorizes the Secretary to award competitive grants to institutions of higher education in partnership 

with businesses, local workforce investment boards, and labor organizations to develop pathways from education and training to highdemand occupations. 

The Senate and the House recede with an amendment to 

merge the two programs and authorize such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal 

years. 

It is the intent of the Conferees that the Workforce Partnerships for Job Skill Training in High-Growth Occupations or Industries created in this bill are awarded as part of a competitive 

grants process. The Conferees further intend that the Secretary 

shall consult with experts in the workforce and occupational education and training fields during all parts of the grants process, including the reviewing of applications, awarding grants, and evaluating the success of grantees. 

Finally, the Conferees intend for the Secretary to encourage 

grant recipients pursuing partnerships for the purposes outlined in 

subsection (e)(1) or (e)(2) to where possible design course offerings 

and programs that offer credit towards a degree or certificate. 

Section 804. Capacity for nursing students or faculty 

The Senate amendment and the House bill establish a new 

program that authorizes the Secretary to award competitive grants 

to nursing programs to expand faculty and facilities. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with the following amendments. 

The Senate amendment authorizes grants beginning in academic year 2006–2007. The House bill authorizes grants beginning 

in academic year 2008–2009. 

The Senate recedes. 

The Senate amendment authorizes funding indefinitely. The 

House bill does not provide a separate authorization of appropriations for this section. 

The House recedes with an amendment to authorize such sums 

as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. 

The House bill establishes a Nurse Faculty Pilot Project which 

authorizes the Secretary to award competitive grants to fund scholarships and release time for nurses studying for advanced degrees 

with the intention of becoming faculty. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify that grants 

awarded under this section may be used to support partnerships 

with hospitals or health facilities to improve alignment between 

nursing education and healthcare delivery methods, fund release 

time for qualified nurses enrolled in the graduate nursing program 

and to provide scholarships to qualified nurses in pursuit of an advanced degree with the goal of becoming faculty members in an accredited nursing program. 

The conferees recognize that Part D, Section 804, Capacity for 

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cluded in the House bill; a capitation grant program and a nurse 

faculty pilot project. In considering the designation of the awards 

and distribution of excess funds, the committee urges the Secretary 

to ensure an adequate number of awards and funding is provided 

for the nurse faculty pilot project described in (c)(2)(B). Additionally, the Secretary shall determine the duration in which the nurse 

faculty pilot project grants are awarded; such time period should 

not exceed five years but should not be less than three years. After 

the expiration of the pilot program, the project’s success will be 

evaluated. 

Section 805. American history for freedom 

The Senate amendment establishes a new program that authorizes the Secretary to award competitive grants to institutions 

of higher education to establish or strengthen programs that promote ‘‘(1) traditional American history; (2) the history and nature 

of, and threats to, free institutions; or (3) the history and achievements of Western Civilization.’’ The Senate amendment authorizes 

appropriations for fiscal year 2008 through fiscal year 2013. 

The House bill contains no similar provision. 

The House recedes with an amendment to authorize such sums 

as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. 

Section 806. Teach for America 

The Senate amendment and the House bill authorize the Secretary to award a grant to Teach For America, Inc. to implement 

and expand its program of recruiting, selecting, training, and supporting new teachers; and to study the program’s effectiveness. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with the following amendments. 

The Senate amendment uses the term achievement gains, 

while the House bill uses the term student learning gains. 

The House recedes with an amendment to use the term student achievement gains. 

The House bill requires those participating in the peer review 

process required by the Senate amendment and House bill to meet 

specific qualifications. 

The Senate recedes. 

The Senate amendment authorizes appropriations of such 

sums as may be necessary for fiscal year 2008 through fiscal year 

2013. 

The House bill authorizes $20,000,000. 

The Senate recedes. 

The Senate amendment limits the Teach For America organization from using federal funds for more than twenty-five percent 

of its administrative costs. 

The House bill contains no similar provision. 

The House recedes. 

Section 807. The Patsy T. Mink Fellowship Program 

The Senate amendment and the House bill establish a new 

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cation for fellowships to minorities and women seeking doctoral degrees with the intent of entering the professoriate. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with an amendment to clarify that the fellowship awards should be given to individuals from groups who are 

underrepresented in doctoral degree programs, including minorities 

and women. 

The Senate amendment requires that at least thirty percent of 

funds would be reserved for institutions of higher education eligible 

for a grant under Titles III or V. 

The House bill requires that at least fifty percent of funds 

would be reserved for institutions of higher education eligible for 

a grant under Titles III or V. 

The House recedes. 

The Senate amendment and the House bill establish similar 

eligibility requirements for students to receive Mink fellowships 

from grantee institutions of higher education. The Senate amendment requires intent to pursue a career in instruction at certain 

delineated institutions of higher education; the House bill simply 

refers to those institutions of higher education eligible to participate in Title IV programs. 

The House recedes. 

The Senate amendment and the House bill requires each 

grantee to award a minimum of fifteen fellowships with the grant 

funds. 

The Conferees agree to this provision with an amendment to 

reduce the minimum number of awards to ten and clarify that the 

Secretary can use unused appropriated funds to make a grant 

award to a grantee that would result in less than ten fellowships 

being awarded. 

The Conferees intend that the Patsy Mink Fellowship Program 

grants will support a minimum of ten fellowships per grant. The 

goal of this minimum number of fellowships is to enable cohorts of 

underrepresented individuals to move through graduate education 

together and increase the likelihood that individuals will complete 

their education and enter the professoriate. The Conferees recognize that appropriated funds may not always be adequate to ensure 

that each grant could support this minimum number. In such situations, the Conferees intend that the Secretary award the maximum number of grants that would support the minimum fellowship requirement but would have the flexibility to award a single 

grant using remaining funds which would not be required to meet 

the minimum fellowship requirement. The Secretary may not 

award multiple grants, in any single grant cycle, that do not meet 

the minimum fellowship requirement. 

The Senate amendment includes provisions prohibiting any requirement for preferential treatment in hiring for Mink fellows. 

The House bill contains no similar provision. 

The House recedes. 

Section 808. Improving college enrollment by secondary schools 

The Senate amendment and the House bill establish a new 

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sive services to urban school districts and rural states in order to 

improve college-going rates of participating schools. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with the following amendment. 

The Senate amendment directs the Secretary to contract with 

one non-profit organization to carry out the program. 

The House bill requires the Secretary to award a grant to a 

nonprofit organization to carry out the program. 

The Senate recedes. 

Section 811–818. Early childhood education professional development and career task force 

The Senate amendment and the House bill include a program 

for early childhood development professional development. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with the following amendments. 

The Senate amendment and the House bill include a definition 

of an ‘‘early childhood education program.’’ The House bill’s definition includes a program authorized under Section 619 or Part C of 

IDEA. 

The Senate recedes. 

The Senate amendment provides for a five year grant award 

period. The House bill provides for a three year grant award period. 

The House recedes. 

The Senate amendment and the House bill require the development of a State Task Force. The House bill specifies that a representative from the state educational agency and the State Head 

Start collaboration director participate in the State Task Force. 

The House bill includes language stating that nothing precludes 

the State from designating a pre-existing entity to serve as the 

State Task Force required under this program. The Senate amendment requires a state representative serve on the Task Force, but 

does not require that person to be from the state educational agency. 

The Senate recedes. 

The Senate amendment and the House bill include similar provisions for ‘‘State Taskforce Activities’’, except, the House bill specifies that the survey, administered by the Task Force, should collect 

information disaggregated by specialized knowledge in the education of children with limited English proficiency, in addition to 

the areas included in the Senate amendment. 

The Senate recedes with an amendment to also require the collection of information regarding children with disabilities. 

The Senate amendment and the House bill require the State 

Task Force to develop a plan for a comprehensive professional development and career system for individuals working in early childhood education programs and specify what must be included in the 

plan. 

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Section 819. Improving science, technology, engineering and mathematics education with a focus on Alaska Native and Native Hawaiian students 

The Senate amendment and the House bill authorize the Secretary to award competitive grants to partnerships to develop or 

expand STEM programs and academic support services and internships for STEM students, with a focus on Alaska Native and Native Hawaiian students. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House with the following amendment. 

The Senate amendment includes a definition of institution of 

higher education. 

The House bill contains no similar provision. 

The House recedes. 

The Senate amendment includes authorizing language for such 

sums as necessary to carry out this Part for fiscal year 2008 and 

five succeeding years. 

The House bill contains no similar provision. 

The House recedes with amendment to strike 2008 and replace 

with 2009. 

Section 820. Pilot programs to increase college persistence and success 

The Senate amendment authorizes the Secretary to award 

competitive grants to institutions of higher education for scholarships ($2,000 per year for two years) and counseling services for 

low-income students with dependents. Scholarship funds are paid 

upon completion of specified academic milestones. The program is 

to be evaluated with a random assignment study design. The Senate amendment authorizes such sums as may be necessary for fiscal year 2008 through fiscal year 2013. 

The House bill contains the Student Success Grants, which authorizes the Secretary to award competitive grants to eligible institutions of higher education to help low-income students persist and 

complete postsecondary education and training programs through 

coaching programs. In addition to supportive services, institutions 

of higher education would provide grants to eligible students for 

$1,500 per student, per year, for five years, with a twenty-five percent non-federal matching requirement. 

The Senate and the House recede with an amendment to 

merge the two programs. 

Section 821. Student safety and campus emergency management 

The Senate amendment and the House bill create a new student safety and campus emergency grant program. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with the following amendments. 

The House bill adds one additional authorized activity that allows funds to be used for the acquisition and installation of access 

control, video surveillance, intrusion detection, and perimeter security technologies. 

The Senate recedes. 

The Conferees intend that the authorized emergency communications systems to include multiple technologies, including those 


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currently provided over personal computers, personal digital assistants, message boards, and speaker-sirens, such as mass notification 

systems using ‘‘intelligible voice’’ messaging. The Conferees are 

aware that the Department of Defense and other entities use three 

forms of mass notification systems for interior and exterior emergency communications. These combinations of technologies are important for emergency communications to reassure that there are 

multiple paths for message delivery. This will allow for messages 

with intelligible voice messaging over remote speaker-sirens and 

personal computing devices to notify personnel inside and outside 

in large open area with real-time information in an endangered 

areas prior, during, and after the emergency. 

Section 822. Model emergency response policies, procedures, and 

practices 

The Senate amendment provides joint authority to the Secretary, Attorney General, and Secretary of Homeland Security to 

provide technical assistance to institutions of higher education on 

model emergency response issues and to disseminate relevant information. 

The House bill requires the Secretary of Education, in consultation with the Attorney General and Secretary of Homeland Security, to provide these technical assistance and dissemination 

services. 

The Senate recedes with an amendment to clarify that the Secretary shall continue the efforts that are already underway in 

working with the Attorney General and Secretary of Homeland Security. 

Section 823. Preparation for future disasters plan by the Secretary 

The House bill requires the Secretary to develop and maintain 

a disaster relief plan that addresses the needs of institutions of 

higher education in the event of a natural or man-made disaster 

that is declared a major disaster or emergency by the President. 

The House bill requires the Secretary to submit the disaster plan 

and any revisions to the plan to the authorizing Committees. 

The Senate amendment contains no such provision. 

The Senate recedes with an amendment to ensure that the 

Secretary works in coordination with the Secretary of Homeland 

Security and other appropriate agencies and to strike the requirement that the Secretary submit the plans to the authorizing Committees. 

The Conferees remain interested in the progress made by the 

Secretary of Education, along with other agencies, in developing 

plans to ensure that the federal government is ready to assist institutions of higher education, their employees and their students in 

the event of another natural or man-made disaster. The Conferees 

would appreciate a briefing on the plans as they are developed. 

Section 824. Education disaster and emergency relief loan program 

The House bill establishes a new education disaster and emergency relief loan program for institutions of higher education for direct or indirect losses incurred as a result of a federally declared 

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The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to limit the uses of 

funds. 

The Conferees remain interested in the progress made by the 

Secretary of Education, along with other agencies, in developing 

plans to ensure that the federal government is ready to assist institutions of higher education, their employees and their students in 

the event of another natural or man-made disaster. The Conferees 

intend for Congress, upon its request, to be kept apprised of such 

plans as they are developed. 

The Conferees note the devastating effect that hurricanes 

Katrina and Rita had on the universities and colleges located in 

the Gulf region, displacing 83,821 students and resulting in the closure, for the first time, of eleven colleges and universities in New 

Orleans for a full semester and ten more in Louisiana, Mississippi, 

Texas, and Florida for an extended period of time. The Conferees 

are concerned that nearly three years after Katrina and Rita these 

colleges and universities are still struggling to recover. In particular, colleges and universities are suffering with student enrollments, faculty hiring and retention, as well as recovering financially overall from the damages to the schools. In terms of faculty 

and staff, it is important to note that salaries and benefits are paid 

during a disaster even as enrollments drop. The latest statistics reveal the challenges faced by these institutions: 

Enrollment: 

Pre-hurricanes: More than 70,000 students 

Spring 2008: Less than 50,000 

Faculty: 

Pre-hurricanes: Nearly 11,000 

Spring 2008: Approximately 8,000 

Damages & Recovery 

Damages (Revenue Losses, Physical Damages): Approximately 

$1.254 billion 

Recovery (Insurance & FEMA): Approximately $400 million 

In developing the disaster loan program, the Conferees intend 

for the Secretary to consider, as appropriate, the development of 

applicable rates of interest, credit reviews, escrow accounts, and 

provision that loans shall be fairly allocated among as many eligible institutions as possible, consistent with making loans of 

amounts that will allow for needed construction, replacement, renovation and operations resulting from a major disaster or emergency. 

Section 825–826. Guidance on mental health disclosures for student 

safety 

The House bill requires the Secretary, not later than ninety 

days after the enactment of this Act, to provide guidance to clarify 

the role of institutions of higher education with respect to the disclosure of education records in situations where a student poses a 

significant risk of harm to himself/herself or others. This guidance 

must also state that institutions of higher education acting in ‘‘good 

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Rights and Privacy Act of 1974 shall not be liable for that disclosure. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike ninety and 

replace with 180. 

Section 830. Incentives and rewards for low tuition 

The House bill authorizes the Secretary to award grants for 

low tuition to institutions of higher education for academic year 

2008–2009 and any succeeding academic year whose percentage increase in annual net tuition is equal to or less than the percentage 

change in the relevant Postsecondary Education Price Index (PEPI) 

for such academic year. The Secretary may also award grants to 

public institutions of higher education that have a net tuition that 

is in the lowest quartile of comparable institutions of higher education or have a tuition increase of less than $500 for a full-time 

undergraduate student. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 831–833. Cooperative education 

The House bill awards grants to institutions of higher education or combinations of institutions of higher education to encourage them to develop and make available work experiences for their 

students to prepare them for future careers and enable students to 

support themselves financially while in school. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 834–835. Demonstration and innovation projects; training 

and resource centers; and research 

The House bill authorizes the Secretary to make grants or 

enter into contracts for demonstration programs, training and resource centers, and research related to cooperative education. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 841. College partnership grants authorized 

The House bill establishes a grant program for eligible partnerships of institutions of higher education to support the development 

and implementation of articulation agreements. An eligible partnership must include at least two institutions of higher education 

or a system of institutions of higher education. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike the requirement that the Secretary prescribe regulations for the implementation of this program. 

Section 842. Grants to create bridges from jobs to careers 

The House bill establishes a new program that authorizes the 

Secretary to award competitive grants to institutions of higher education to create workforce bridge programs from developmental 

coursework to occupational certificate programs. Grants offer a priVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00611 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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ority for institutions of higher education with more than half of 

students enrolling in developmental coursework. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to strike part of the 

evaluation. 

The Conferees encourage the Secretary, in carrying out the 

evaluation of the impact of the programs funded under this program, to work with private foundations, and other providers of 

funds, to allow for the use of a random assignment evaluation in 

at least one of the demonstration sites. 

Section 861–870. Rural development grants for rural colleges and 

universities 

The House bill authorizes the Secretary to award competitive 

grants to rural institutions of higher education in partnership with 

rural local education agencies, rural educational service agencies, 

regional employers, or non-profit organizations in order to support 

the following: increasing college enrollment rates among graduates 

of rural high schools and nontraditional students at rural institutions of higher education; related economic development activities; 

and increasing student participation in academic programs leading 

to careers of a high-need in rural areas. Grants are between 

$200,000 and $500,000 per year for three years. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment. 

The Conferees intend that the term ‘rural-serving institution’ encompasses an institution of higher education, including its regional and satellite campuses, that primarily serves a rural area. 

Further, a ‘regional employer’ includes an employer located in the 

rural area, regardless of the location of the employer’s headquarters. 

Section 871. Campus-based digital theft prevention 

The House bill authorized the Secretary to award grants to institutions of higher education to develop or improve programs that 

are designed to reduce illegal downloading on campus. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to move the program 

from Title IV to Title VIII. 

Section 872. Program to promote training and job placement of 

realtime writers 

The House bill authorizes the Secretary of Commerce to award 

competitive grants to institutions of higher education for training 

and placing students in realtime writing jobs. Grants may not exceed $1,500,000 over two years. Scholarship amounts for training 

are to be determined according to Title IV Part F need analysis. 

The Senate amendment contains no similar provision. 

The Senate recedes with amendments to clarify what constitutes an eligible entity, to increase the duration of the grant 

from two years to five years, to clarify when the Secretary can 

waive the employment requirement for individuals who receive fellowships under this program, and to clarify the evaluation required 

under the program. 


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Section 873. Model programs for centers of excellence for veteran 

student success 

The House bill authorizes the Secretary to award competitive 

grants to encourage model programs to support veteran student 

success in postsecondary education. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 881. University sustainability programs 

The House bill authorizes the Secretary to award competitive 

grants to institutions of higher education and partnerships to design and implement sustainability practices. The House bill requires the Secretary to convene a summit on sustainability in higher education not later than September 30, 2008. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to modify the uses of 

funds in the grant program and to move the Sustainability Summit 

to Title XI and strike 2008 and replace with 2010 for the date by 

which the Secretary must convene the Summit. 

Section 891. Modeling and simulation programs 

The House bill authorizes the Secretary to award competitive 

grants to institutions of higher education to create and enhance 

modeling and simulation programs. Grants have twenty-five percent by nonfederal source matching requirement. The House bill requires the Secretary to establish a task force to raise awareness of 

and define the study of modeling and simulation. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 892. Path to success 

The House bill authorizes the Secretary to award competitive 

grants to community colleges in partnership with juvenile justice 

systems to provide education and related services to eligible youth 

in areas with gang activity. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to modify the uses of 

funds. 

Section 893. School of veterinary medicine competitive grant program 

The Senate amendment authorizes the Secretary of Health and 

Human Services to award competitive grants to veterinary schools 

or residency programs for veterinarians to increase the number of 

veterinarians in the workforce. 

The House bill contains no similar provision. 

The House recedes. 

Section 894. Early Federal Pell Grant commitment demonstration 

program 

The Senate amendment authorizes the Secretary to establish 

an early Federal Pell Commitment Demonstration Program and 

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vide 8th grade students who are eligible for free or reduced price 

lunch with a commitment to receive a Pell Grant during their first 

year of undergraduate study, provided the student applies for Federal financial aid during the student’s senior year of high school. 

Each state would identify two cohorts of 8th grade students to participate in the demonstration program. The two cohorts of students, 

which shall consist of (1) one cohort of 8th grade students who 

begin the participation in academic year 2008–2009; and (2) one cohort of 8th grade students who begin the participation in academic 

year 2009–2010. Each cohort of students shall consist of not more 

than 10,000 8th grade students who qualify for a free or reduced 

price meal. 

The House bill contains no similar provision. 

The House recedes with an amendment to clarify who can participate in the program. 

Section 895. Henry Kuualoha Guigni Kupuna Memorial Archives 

The Senate amendment authorizes the Secretary to award a 

grant to the University of Hawaii Academy for Creative Media for 

the establishment, maintenance, and periodic modernization of the 

memorial archives. 

The House bill contains no similar provision. 

The House recedes. 

Section 802. National Center for Research in Advanced Information 

and Digital Technologies 

The House bill includes language to authorize the establishment of a nonprofit corporation, National Center for Learning 

Science and Technology (referred to in this Act as the ‘‘Center’’). 

The Center shall have a trust fund that is established within the 

Treasury. Trust funds shall be used to support research that is in 

the public interest but that is unlikely to be undertaken entirely 

with private funds for activities such as precompetitive and applied 

research development and demonstrations, and assessments of prototypes of innovative digital learning and information technologies 

as well as the components and tools needed to create them. A board 

of directors of the Center shall be established to oversee the administration of the Center. The initial Board shall consist of nine members to be appointed by the Secretary from a list of recommendations received from the House of Representatives and the Senate. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify the purpose 

to ‘‘support a comprehensive research and development program to 

harness the increasing capacity of advanced information and digital 

technologies to improve all levels of learning and education, formal 

and informal, to provide Americans the knowledge and skills needed to compete in the global economy.’’

The National Center for Research in Advanced Information 

and Digital Technologies is established as a nonprofit corporation 

to support a comprehensive research and development program to 

harness the increasing capacity of advanced information and digital 

technologies to improve all levels of learning and education, formal 

and informal, to provide Americans the knowledge and skills needed to compete in the global economy. The Center will carry this out 


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through awarding grants funded by a combination of Federal and 

private funds. Grants can be made to colleges and universities, museums, libraries, nonprofit organizations, public institutions with or 

without for-profit partners, for-profit organizations, and consortia 

of any such entities, including public broadcasting entities. It is the 

intention of the Conferees that in order to avoid duplication of efforts the Center coordinates its efforts with current activities of the 

Department of Education, the Department of Defense, the National 

Science Foundation, and other Federal agencies. It is also the Conferees intention that the results of the work of the Center be available in the public domain, except in rare circumstances which shall 

require a unanimous vote of the board and a public report of the 

exception. 

Section 803. Establishment of pilot program for course material 

rental 

The House bill authorizes the Secretary to make grants to no 

more than ten institutions of higher education to develop pilot programs that would allow students to rent textbooks. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

TITLE IX—AMENDMENTS TO OTHER LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 1986 

Section 901. Laurent Clerc National Deaf Education Center 

The Senate amendment and the House bill authorize the 

Laurent Clerc Center. The House bill clarifies that the results required to be reported under the Senate amendment and the House 

bill shall only be reported if they yield statistically meaningful information that is not personally identifiable. 

The Senate recedes. 

Section 902. Agreement with Gallaudet University 

The Senate amendment and the House bill are identical with 

respect to these provisions. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 903. Agreement for the National Technical Institute for the 

Deaf 

The Senate amendment amends this section by specifying that 

the institution of higher education operating the National Technical Institution for the Deaf shall be the Rochester Institute of 

Technology in Rochester, New York. 

The House bill contains no similar provision. 

The Senate recedes with an amendment to strike the language 

that specifies if either Rochester Institute of Technology or the Secretary terminate the agreement, the Secretary shall consider proposals from other institutions of higher education. 

The Senate amendment and the House bill update the title of 

the Senate Health, Education, Labor and Pensions Committee, and 

modify the references to the Davis-Bacon Act. 


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The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

Section 904. Cultural experiences grants 

The Senate amendment establishes the cultural experiences 

grant program. 

The House bill contains no similar provision. 

The House recedes. 

Section 905. Audit 

The Senate amendment and the House bill make the same 

technical amendments to the audit section by inserting the appropriate section and subsection numbers and updating the appropriate Senate and House Committee names. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

Section 906. Reports 

The Senate amendment and the House bill make similar technical amendments to the reports section including updating the appropriate Senate Committee name, striking the word ‘‘preparatory’’, amending language regarding the graduation or completion date, 

and adding a reference to National Technical Institute for the Deaf 

programs and activities. 

The Senate recedes. 

Section 907. Monitoring, evaluation, and reporting 

The Senate amendment and the House bill amend the annual 

report to Congress to be an annual transmission from the Secretary 

and update the fiscal years to 2008 through 2013. 

The House bill strikes the word ‘‘preparatory.’’ The Senate recedes with an amendment to update the fiscal 

years to 2009 through 2014. 

Section 908. Liaison for educational programs 

The Senate amendment and the House bill amend the required 

timeline in the Education of the Deaf Act of 1986 by striking ‘‘not 

later than thirty days after the enactment of this Act.’’

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 909. Federal endowment programs for Gallaudet University 

and the National Technical Institute for the Deaf 

The Senate amendment and the House bill update the fiscal 

years to 2008 through 2013. 

The Conferees adopt the provision as proposed by both the 

Senate and the House with an amendment to update the fiscal 

years to 2009 through 2014. 

Section 910. Oversight and effect of agreements 

The Senate amendment and the House bill update the appropriate Senate and House Committee names. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 


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Section 911. International students 

The Senate amendment and the House bill have similar provisions with respect to international students participating in distance learning. The House bill clarifies that students who are not 

enrolled in a degree program at the University or the NTID shall 

not be counted as international students for the purposes of the cap 

on international students. 

The Senate recedes. 

The House bill clarifies that tuition surcharges should remain 

consistent for international students from developing countries despite changes to the developing country status of the home country 

of such students during their enrollment period. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The Senate amendment defines ‘‘developing country’’ as a 

country with a per-capita income of not more than $4,825 measured in 1999 U.S. dollars. 

The House bill defines ‘‘developing country’’ as a country with 

a per-capita income of not more than $5,345 measured in 2005 U.S. 

dollars. 

The Senate recedes. 

Section 912. Research priorities 

The Senate amendment and the House bill update the appropriate Senate and House Committee names. 

The Conferees adopt the provision as proposed by both the 

Senate and the House. 

Section 913. National study on the education of the deaf 

The House bill requires a national study of the education of the 

deaf. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 914. Authorization of appropriations 

The Senate amendment and the House bill update the fiscal 

years to 2008 through 2013. 

The Senate and the House recede with an amendment to update the fiscal years to 2009 through 2014. 

PART B—UNITED STATES INSTITUTE OF PEACE ACT

Section 921. United States Institute of Peace Act 

The Senate amendment amends various provisions of the U.S. 

Institute of Peace Act. 

The House bill contains no similar provisions. 

The House recedes with an amendment to provide that the 

amendments to this section shall take effect as if they were enacted 

on June 1, 2007. 


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PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998; THE

HIGHER EDUCATION AMENDMENTS OF 1992 

Section 931. Repeals 

The Senate repeals provisions of the Higher Education Amendments of 1998, including Part A—Study of Market Mechanisms in 

the Federal Student Loan programs; Study of the Feasibility of Alternative Financial Instruments for Determining Lender Yields; 

Student Related Debt Study; Study of Transfer of Credits; Study of 

Opportunities for Participation in Athletics Programs; and the 

Study of the Effectiveness of Cohort Default Rates for Institutions 

of Higher Education with few Student Loan Borrowers; Section 

861—Education Welfare Study; Part C—Community scholarship 

mobilization; Part F—Improving United States understanding of 

science, engineering, and technology in East Asia; and Part J—

Web-based education commission of the Higher Education Amendments of 1998; and Section 863—Sense of Congress Regarding 

Good Character. 

The House bill repeals provisions of Part A of the Higher Education Amendments of 1998, including Section 801—Study of Market Mechanisms in the Federal Student Loan programs; Section 

802—Study of the Feasibility of Alternative Financial Instruments 

for Determining Lender Yields; Part C—Community scholarship 

mobilization; Part F—Improving United States understanding of 

science, engineering, and technology in East Asia; and Part J—

Web-based education commission of the Higher Education Amendments of 1998; and Section 803—Student Related Debt Study. 

The House recedes. 

Section 932. Grants to states for workplace and community transition training for incarcerated individuals. 

The Senate amendment and the House bill reauthorize grants 

to states for workforce and community transition training for incarcerated individuals. The Conferees adopt the provision as proposed 

by both the Senate and the House with the following amendments. 

The Senate amendment and the House bill have different titles 

for the program. 

The Senate recedes. 

The Senate amendment defines ‘‘youth offender’’ as a male or 

female offender under the age of thirty-five, who is incarcerated in 

a State prison. 

The House bill defines ‘‘incarcerated individual’’ as a male or 

female offender who is incarcerated in a State prison. 

The Senate recedes with an amendment to define ‘‘incarcerated 

individual’’ as a male or female offender under the age of thirtyfive, who is incarcerated in a State prison. 

The Senate amendment directs the Secretary to establish programs designed to assist and encourage youth offenders to acquire 

functional literacy, life and job skills. The Senate amendment includes as authorized activities: the pursuit of a postsecondary education certificate or an associate or bachelor’s degree while in prison; and employment counseling and other related services that may 

end not later than one year after release. 


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The House bill directs the Secretary to establish programs to 

assist and encourage incarcerated individuals to acquire educational and job skills. The House bill includes as authorized activities: coursework to prepare students to take college level courses; 

the pursuit of a postsecondary education certificate or an associate 

or bachelor’s degree while in prison; and employment counseling 

and other related services that may end not later than one year 

after release. 

The Senate and the House recede with an amendment to direct 

the Secretary to establish programs to assist and encourage incarcerated individuals who have obtained a secondary school diploma 

or its recognized equivalent to acquire educational and job skills. 

Authorized activities include: coursework to prepare students to 

pursue a postsecondary education certificate or an associate or 

bachelor’s degree while in prison; pursuit of a postsecondary education certificate or an associate or bachelor’s degree while in prison; and employment counseling and other related services that may 

end not later than two years after release. 

The Senate amendment requires that an eligible State correctional education agency shall include in its application a list of the 

accredited institutions that will provide the postsecondary educational services. 

The House bill requires that an eligible State correctional education agency shall include in its application a list of the accredited 

institutions with campuses established outside the prison facility 

that will provide the postsecondary educational services. 

The House recedes. 

The Senate amendment and the House bill require an eligible 

State correctional education agency to include in its application a 

description of how the proposed program will be integrated with existing State correctional education programs and vocational training. 

The Conferees adopt the provision with an amendment to 

change the reference to ‘‘vocational’’ to ‘‘career and technical’’. 

The Senate amendment and the House bill require a State correctional education agency receiving a grant under this to submit 

an annual report to the Secretary. 

The House bill requires this report includes a description of 

how the funds provided are being allocated among postsecondary 

preparatory education, postsecondary academic, and vocational 

education programs. 

The Senate and House recede with an amendment to change 

the reference to ‘‘vocational’’ to ‘‘career and technical’’ and to include in the report a description of the service delivery methods 

being used for each course offering. 

The Senate amendment includes a section on student eligibility 

that defines ‘‘eligible youth offender’’ as an individual who is eligible to be released from State prison within five years; who is thirty-five years of age or younger; and has not been convicted of murder, a crime against a minor, or a sexually violent crime. 

The House bill includes no similar provision. 

The House recedes with an amendment to clarify that an eligible incarcerated individual is an individual who is eligible for release with seven years; is thirty-five years of age or younger; and 


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has not been convicted of murder, a crime against a minor, or a 

sexually violent crime. 

Both the Senate amendment and the House bill include similar ‘‘Length of Participation’’ sections. 

The House recedes with an amendment to clarify that grantees 

may provide educational and related services to participating individuals for not more than seven years, up to two years of which 

may be devoted to study in a graduate education degree program 

or to coursework to prepare such individuals to take college level 

courses. 

The Senate amendment allocates funds to States based on the 

total number of eligible students. 

The House bill allocates funds to States based on the total 

number of incarcerated individuals in the State in relation to the 

total number of incarcerated individuals in all States. 

The House recedes. 

The Senate amendment authorizes such sums as may be necessary for fiscal year 2008 through fiscal year 2013. 

The House bill does the same except for fiscal year 2009 and 

the four succeeding fiscal years. 

The House recedes with an amendment to strike fiscal year 

2008 through fiscal year 2013 and replace with fiscal year 2009 

through fiscal year 2014. 

Conferees recognize the value and contribution of the Grants 

to States for Workforce and Community Transition Training for Incarcerated Individuals. The conferees intend for the Secretary to 

implement improvements that would provide greater flexibility to 

State correctional education agencies to identify and serve individual inmates who are best able to benefit from postsecondary 

education, including expanding the eligibility criteria for participation to include individuals who are age thirty-five or younger and 

who are eligible for release within seven years. Conferees also intend for the Secretary to expand and strengthen State plan and reporting requirements related to performance monitoring and measuring outcomes, guiding States to develop and implement performance monitoring and evaluation plans that reflect results-based 

program management. Conferees understand that these provisions 

are to support the longitudinal study of post secondary correctional 

education in Section 1112, ‘‘Study of Correctional Postsecondary 

Education.’’

Section 933. Underground Railroad Educational and Cultural Program 

The Senate amendment provides such sums as necessary for 

fiscal year 2008 through fiscal year 2013. 

The House bill provides $3,000,000 for fiscal year 2009 and 

each of the four succeeding fiscal years. 

The House and Senate recede with an amendment to clarify 

that funds under the Underground Railroad Educational and Cultural Program may be used to support activities that include the 

lessons to be drawn from the history of the Underground Railroad; 

allow activities authorized under the program to be made available 

to elementary and secondary schools, institutions of higher education, and the general public; and amend the matching funds proVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00620 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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vision under the program to require grantees to implement a public-private partnership under the program that provides matching 

funds from non-Federal sources in an amount equal to or greater 

than four times the amount awarded to the grantee. 

Section 934. Olympic scholarships under the higher education 

amendments of 1992 

The Senate amendment authorizes from fiscal year 2008 

through fiscal year 2013. 

The House bill authorizes for fiscal year 2009 through fiscal 

year 2013. 

The House recedes with an amendment to strike fiscal year 

2008 through fiscal year 2013 and replace with fiscal year 2009 

through fiscal year 2014. 

Section 935. Establishment of a deputy assistant secretary for international and foreign language education 

The House bill creates a new Assistant Secretary for International and Foreign Language Education. The new Assistant Secretary would have responsibility for encouraging and promoting the 

study of cultures of other countries at all levels of education; carrying out the administration of all Department programs on international and foreign language education and research; and coordinating the Department’s international and foreign language education programs with other departments and agencies. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to establish a Deputy 

Assistant Secretary position under the Office of Postsecondary Education in the United States Department of Education. 

The Conferees note that the National Academy of Sciences has 

recommended that the Department of Education should consolidate 

the administration of its international education and foreign language programs under an executive level position reporting to the 

Secretary who will provide more strategic direction and coordination with other federal agencies and the nation’s education community, with respect to international education and foreign language 

programs. While this Act does not create an Assistant Secretary 

and Office for International and Foreign Language Instruction, 

nothing in this Act limits the ability of a future Secretary of Education to establish one. The appointed Deputy Assistant Secretary 

required by this Act should be an individual with extensive background and experience in international and foreign language education, and shall have authority to administer and coordinate the 

Department’s international and foreign language education programs with other departments and agencies. 

SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES

Section 941. Reauthorization of the Tribally Controlled College or 

University Assistance Act of 1978 

The Senate amendment and the House bill contain similar provisions to reauthorize the Tribally Controlled College or University 

Assistance Act of 1978. 


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The Conferees adopt the provision as proposed by both the 

Senate and the House. 

SUBPART 2—NAVAJO HIGHER EDUCATION

Section 945. Short title 

The Senate amendment contains a provision to cite this subpart as the ‘‘Navajo Nation Higher Education Act of 2006.’’

The House bill contains no similar provision. 

The House recedes with an amendment to change the date in 

the title from ‘‘2006’’ to ‘‘2008.’’

Section 946. Reauthorization of the Navajo Community College Act 

The Senate amendment and the House bill contain similar provisions to reauthorize the Navajo Community College Act. 

The Conferees adopt the provisions as proposed by both the 

Senate and the House. 

PART E—OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF

1968 

Section 951. Short title 

The Senate provides that this Part may be cited as the ‘‘John 

R. Justice Prosecutors and Defenders Incentive Act of 2007.’’

The House bill contains no similar provision. 

The House recedes with an amendment to strike 2007 and insert 2008. 

Section 952. Loan repayment for prosecutors and defenders 

The Senate amendment amends the Omnibus Crime Control 

and Safe Streets Act of 1968 to establish a Loan Repayment for 

Prosecutors and Public Defenders program, under which the Attorney General may assume the obligation to repay up to $10,000 of 

federal student loans per year, with a maximum of $60,000, owed 

by full-time state and local prosecutors and public defenders who 

agree to a service agreement of at least three years. 

The House bill defines ‘‘prosecutor’’ and ‘‘public defender’’ and 

gives priority to borrowers who have the least ability to repay. 

Both the Senate and the House recede with amendments to 

modify the definitions of ‘‘prosecutor’’ and ‘‘public defender’’ by 

changing references to a local agency or local level to be a unit of 

local government, exclude Parent PLUS Loans from eligibility for 

this program, require an Inspector General report not later than 

three years after the date of enactment, and include the priority 

contained in the House bill. 

The Senate amendment authorizes the appropriation of 

$25,000,000 for fiscal year 2008, and such sums as may be necessary for each succeeding fiscal year. 

The House bill authorizes the appropriation of $25,000,000 for 

fiscal year 2008, and each fiscal year through fiscal year 2013. 

The House recedes with an amendment striking fiscal year 

2008 and replacing with fiscal year 2009 and authorizing as may 

be necessary for the five succeeding fiscal years. 


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PART F—INSTITUTIONAL LOAN REPAYMENT ASSISTANCE PROGRAM

Section 961. Institutional loan forgiveness programs 

The House bill specifies that notwithstanding any other provision of law a public or private institution of higher education may 

provide financial assistance to current and former students who are 

officers or employees of a branch or independent agency of the U.S. 

government or of the District of Columbia, for the purpose of repaying a student loan or providing forbearance, provided that such assistance is provided in accordance with a published written policy 

of the institution of higher education pertaining to the provision of 

such assistance for current and former students who perform public service. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to change the title of 

the section to ‘‘Institutional Loan Repayment Assistance Programs’’

and to clarify that a published policy regarding the loan forgiveness 

must have been in place at the time the beneficiary of such assistance was enrolled in the institution of higher education that provides the subsequent loan forgiveness. The Conferees are concerned 

that the high cost of college and corresponding increasing debt students are taking on to pay for postsecondary education is making 

it increasingly difficult for many graduates to enter public service. 

The Conferees commend institutions of higher education that have 

chosen to use their own resources to address this challenge by developing loan repayment assistance programs to encourage their 

students and graduates to enter public service jobs. The Conferees 

are aware of recent concern on the part of some universities that 

these programs may run afoul of federal law, and would like to ensure that universities that offer such loan repayment or assistance 

programs, implemented in accordance with the statutory language, 

and their students and graduates that receive assistance through 

such programs, do not face liability for such actions under 18 

U.S.C. 209 or any other provision of federal law, regulation or practice, including ‘‘gift bans’’ that apply to federal government employees. 

PART G—MINORITY SERVING INSTITUTIONS DIGITAL AND WIRELESS

TECHNOLOGY OPPORTUNITY PROGRAM

Section 971. Minority serving institution digital and wireless technology opportunity program 

The Senate amendment and the House bill authorizes a competitive grant program, with a matching requirement, to Minority 

Serving Institutions to strengthen their ability to provide capacity 

for instruction in digital and wireless technologies and to increase 

the national investment in telecommunications and technology infrastructure at Minority Serving Institutions. The Senate amendment administers the program through the Department of Education and the House bill administers the program through the Department of Commerce. 

The Senate recedes with an amendment to authorize such 

sums as may be necessary for the program. 


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Section 972. Authorization of appropriations 

The Senate amendment and the House bill authorize such 

sums as many be necessary to carry out the Minority Serving Institutions Digital and Wireless Technology Opportunity Program. The 

Senate amendment authorizes appropriations to the Secretary of 

Education to administer the program and the House bill provides 

appropriations to the Secretary of Commerce to administer the program. 

The Senate recedes. 

TITLE X—PRIVATE STUDENT LOAN IMPROVEMENT 

Section 1001. Short title 

The House bill includes a Title X, referred to as the ‘‘Private 

Student Loan Transparency and Improvement Act of 2008.’’

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 1002. Regulations 

The House bill requires the Board of Governors of the Federal 

Reserve System (hereinafter referred to as the Board) to issue final 

regulations to implement these amendments to the Truth in Lending Act (TILA) no later than 180 days after the date of enactment. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to change the time by 

which the Board is required to issue regulations from 180 days to 

365 days, and for those regulations to be effective six months from 

issuance. 

Section 1003. Effective dates 

The House bill establishes an effective date for Title X of 180 

days after regulations are issued by the Secretary of the Treasury 

in final form. 

The Senate amendment includes no similar provision. 

The Senate recedes with an amendment to change the effective 

date of the provisions of the Title to be the date of enactment of 

the Act, except for paragraphs 1, 2, 3, 5, and 6 of Section 128(e) 

and Section 140(c) of the TILA, as added by this Title, for which 

the effective date is the earlier of the date on which regulations are 

issued or eighteen months after the date of enactment of this Act. 

SUBTITLE A—PREVENTING UNFAIR AND DECEPTIVE PRIVATE EDUCATIONAL LENDING PRACTICES AND ELIMINATING CONFLICTS OF INTEREST 

Section 1011. Amendment to the Truth in Lending Act 

The House bill amends TILA by adding a new Section 140 to 

Chapter 2 that defines ‘‘Board,’’ ‘‘covered educational institution,’’

‘‘Federal banking agencies,’’ ‘‘institution of higher education,’’ ‘‘postsecondary educational expenses,’’ ‘‘private educational lender,’’ and 

‘‘private education loan.’’

The Senate amendment includes no similar provision. 

The Senate recedes with amendments to: substitute the definition ‘‘private educational lender;’’ modify the definition of ‘‘private 


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education loan;’’ include definitions for ‘‘preferred lender arrangement,’’ ‘‘gift,’’ and ‘‘revenue sharing;’’ and strike the definitions of 

‘‘Board’’ and ‘‘Federal banking agencies.’’

The House bill includes prohibitions on gift giving, revenue 

sharing arrangements, co-branding, participation on advisory councils, and prepayment fees and penalties for covered institutions of 

higher education and private educational lenders. 

The Senate amendment includes no similar provision. 

The Senate recedes with an amendment that substitutes the 

provision that prohibits a covered educational institution financial 

aid official from participating on a private educational lender’s advisory council with a provision that prohibits certain employees of 

a covered educational institution from receiving anything of value 

for service on an advisory board, commission, or group established 

by a private educational lender, with the exception of reimbursements of reasonable expenses incurred by an employee of such an 

institution. The Senate amendment also amends the Higher Education Act of 1965 to require institutions of higher education to annually report to the Secretary of Education any reasonable expenses paid or provided by a private educational lender to any employee who is employed in the financial aid office of the institution, 

or who otherwise has responsibilities with respect to education 

loans or other financial aid of the institution, for service on a private educational lender’s advisory board, commission, or group. The 

amendment also requires the Secretary of Education to summarize 

the information received from institutions of higher education and 

annually report the information to the authorizing committees. 

With respect to this section’s prohibition on co-branding, the 

Conferees understand that some credit unions share the names of 

the institutions of higher education whose communities they serve. 

Nothing in this Section is intended to prohibit a credit union whose 

name includes the name of a covered educational institution from 

using its own name in marketing its private education loans. 

The Conferees intend that a lender may demonstrate it is not 

implying endorsement by the covered educational institution of its 

private education loans by providing a clear prominent and conspicuous disclaimer that the use of the name, emblem, mascot, or 

logo of a covered educational institution, or other words, pictures, 

or symbols readily identified with a covered educational institution, 

in no way implies endorsement by the covered educational institution of the lender’s private education loans and that the lender is 

not affiliated with the covered educational institution. 

The Conferees intend that nothing in this section shall prohibit 

states or institutions of higher education from using State seals, 

with appropriate authorization, in the marketing of state education 

loan products. 

Section 1012. Civil liability 

The House bill amends TILA to permit borrowers of private 

education loans to bring an action concerning a violation of specified provisions in any United States District Court, or in any other 

court of competent jurisdiction, within one year following the date 

on which the first payment of principal is due on the loan, and proVerDate Aug 31 2005 05:13 Aug 05, 2008 Jkt 043795 PO 00000 Frm 00625 Fmt 6601 Sfmt 6601 E:\HR\OC\HR803.XXX HR803

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vides for the award of certain specified damages with respect to a 

violation of a borrower’s right of rescission. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to provide for the 

award of damages with respect to violations of certain specified disclosures and terms required by Section 128 of TILA, as amended 

by this Act. The Senate amendment also provides that a private 

educational lender has no civil liability with respect to section 

128(e)(3) of TILA, which requires lenders to obtain a prospective 

borrower’s self-certification of information. 

Section 1013. Clerical amendment 

The TILA table of sections is amended. 

The Senate amendment includes no similar provision. 

SUBTITLE B—IMPROVED DISCLOSURES FOR PRIVATE 

EDUCATION LOANS 

Section 1021. Private education loan disclosures and limitations 

The House bill amends TILA by adding a new subsection (e) 

to Section 128 that requires certain consumer disclosures at application and solicitation, approval, and consummation of private education loans. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify and modify 

the required disclosures and provide additional disclosures, subject 

to regulation by the Board. 

The House bill requires private educational lenders to obtain 

a written acknowledgment from a consumer that the consumer has 

read and understood the disclosures. 

The Senate amendment contains no similar provision. 

The House recedes. 

The House bill requires a private educational lender, prior to 

issuing any funds to a borrower, to obtain from an institution of 

higher education, such institution of higher education’s certification 

of the enrollment status of the borrower, the borrower’s cost of attendance, and the difference between the borrower’s cost of attendance and the borrower’s estimated financial assistance received 

under Title IV of the Higher Education Act and other assistance 

known to the institution of higher education. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to replace the requirement that a lender obtain an institution of higher education’s certification of information with a requirement that a lender obtain 

from a prospective borrower such borrower’s self-certification of information before a private education loan may be consummated. 

The amendment also amends the Higher Education Act of 1965 to 

require the Secretary of Education, in consultation with the Board, 

to develop a borrower self-certification form for the purpose of satisfying the requirement that lenders obtain prospective borrowers’

self-certification of information prior to the consummation of a private education loan. In addition, the amendment includes a rule of 

construction to clarify that a private educational lender need not 

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rower’s completed and signed self-certification form, and a rule of 

construction to clarify that the amendment does not create a private right of action against an institution of higher education with 

respect to the self-certification form developed by the Secretary. 

The House bill includes requirements for formatting of new 

disclosures required by subsection (e) of TILA, as amended by this 

Act. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment that provides for a 

model form, to be developed by the Board, based on consumer testing and in consultation with the Secretary of Education, that may 

be used by private educational lenders for the provision of required 

disclosures, and a requirement that lenders that have preferred 

lender arrangements with a covered educational institution must 

annually provide to such institutions the information the Board determines to include in the model form for each type of education 

loan the lenders plan to offer to students attending the covered 

educational institution, or to the families of such students. The 

Board is directed to, where possible, prevent duplicative disclosure 

requirements. Private educational lenders that have preferred lender arrangements with covered institutions are required to provide 

to the covered educational institutions such information as may be 

required by the Board as a part of the model form developed under 

this section. 

The House bill provides a borrower of a private education loan 

up to thirty calendar days to accept the terms of the loan, during 

which time the rates and terms of the loan may not be changed by 

the private educational lender, with certain exceptions. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill provides a borrower of a private education loan 

the right to cancel a loan without penalty at anytime within three 

business days of the date the loan is consummated. Disbursement 

within the three business day cancelation window is prohibited. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

The House bill requires a private educational lender, on or before the date on which a private educational lender issues any 

funds with respect to a private education loan, to notify the relevant institution of higher education of the amount of the loan and 

the student on whose behalf the loan is made. 

The Senate amendment contains no similar provision. 

The House recedes. 

Section 1022. Application of Truth in Lending Act to all private 

education loans 

The House bill extends the provisions of TILA to all private 

education loans, regardless of the amount of such loans. 

The Senate amendment contains no similar provision. 

The Senate recedes. 


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SUBTITLE C—COLLEGE AFFORDABILITY 

Section 1031. Community Reinvestment Act credit for low-cost loans 

The House bill amends the Community Reinvestment Act to 

require the appropriate Federal financial supervisory agency to 

consider as a factor in assessing the financial institution’s record 

of meeting the credit needs of its entire community (including lowand moderate-income neighborhoods, consistent with the safe and 

sound operation of such institution), low-cost education loans provided by the financial institution to low-income borrowers. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require each Federal financial supervisory agency to issue final rules to implement 

the amendment no later than one year after the date of enactment 

of the Act. 

SUBTITLE D—FINANCIAL LITERACY; STUDIES AND 

REPORTS 

Section 1041. Definitions 

The House bill defines covered educational institution, private 

educational lender, private education loan, historically Black colleges and universities, and land-grant colleges and universities for 

purposes of this subtitle. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

Section 1042. Coordinated education efforts 

The House bill requires the Secretary of the Treasury, in coordination with the Secretary of Education, the Secretary of Agriculture, and appropriate member agencies of the Financial Literacy 

and Education Commission, to undertake efforts to enhance financial literacy among students at institutions of higher education. 

Not later than two years after the date of enactment, the Financial 

Literacy and Education Commission is required to submit a report 

to Congress on the state of financial literacy among students at institutions of higher education. The House bill also requires GAO to 

study and report to Congress on the inclusion of non-individual factors (e.g., institution of higher education cohort default rates, accreditation, and graduation rates) in the underwriting criteria used 

to determine the pricing of private education loans. 

The Senate amendment contains no similar provisions. 

The Senate recedes with amendments to: define ‘‘covered educational institution,’’ ‘‘historically Black colleges and universities’’

and ‘‘land-grant colleges and universities;’’ expand the scope of the 

financial literacy efforts to capture both students and their families; clarify that the Secretary of the Treasury shall provide, upon 

request, testimony before the Senate Committee on Banking, Housing and Urban Affairs and the House Committee on Financial 

Services on the report required under this section; clarify that GAO 

shall submit its final report on non-individual factors to the Senate 

Committee on Banking, Housing, and Urban Affairs, the Senate 

Committee on Health, Education, Labor and Pensions, the House 

Committee on Financial Services, and the House Committee on 


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Education and Labor; and move the GAO report to Title XI of this 

Act. 

TITLE XI—STUDIES AND REPORTS 

Section 1101. Study on foreign graduate medical schools 

The Senate amendment requires the Government Accountability Office (‘‘GAO’’) to complete a study that shall examine 

American students receiving Federal financial aid to attend graduate medical schools located outside of the United States and submit a report with the conclusions of the study to Congress. 

The House bill contains no such provisions. 

The House recedes. 

Section 1102. Employment of postsecondary education graduates 

The Senate amendment requires the GAO to conduct a study 

of the information states currently have on employment of students 

who have completed postsecondary education programs and the 

feasibility of collecting this type of information, the evaluation systems used by other industries to identify successful programs, the 

best means of collecting this information, and the best means of 

displaying employment information. 

The House bill contains no such provision. 

The House recedes. 

Section 1103. Study on IPEDS 

The Senate amendment requires the GAO to conduct a study 

on the time and cost burdens to institutions of higher education associated with responding to Integrated Postsecondary Education 

Data System (‘‘IPEDS’’). 

The House bill contains no similar provision. 

The House recedes with an amendment to require the GAO to 

report on the feasibility of collecting additional data from institutions of higher education for use in IPEDS, including information 

on the percentage of enrolled undergraduate students who graduate within two years (in the case of two-year institutions of higher 

education), and four, five and six years (in the case of two- and 

four-year institutions of higher education), by race and ethnic background and by income categories. 

The House bill requires the Commissioner of Education Statistics to redesign IPEDS as needed to collect the additional data required in this subsection and to continue to improve the usefulness 

and timeliness of IPEDS. 

The Senate amendment contains no similar provision. 

The House recedes. 

Section 1104. Report and study on articulation agreements 

The House bill requires the Secretary to conduct a study of articulation agreements at state-based college and university systems 

and at other institutions of higher education. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 


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Section 1105. Report on proprietary institutions of higher education 

The Senate and the House agree to require the GAO to conduct 

an analysis of proprietary institutions of higher education subject 

to the 90/10 rule. 

Section 1106. Analysis of Federal regulations on institutions of 

higher education 

The House bill requires the Secretary to enter into an agreement with the National Research Council of the National Academies to conduct a study to ascertain the amount and scope of all 

Federal regulations and reporting requirements with which institutions of higher education must comply. 

The Senate amendment contains no similar provisions. 

The Senate recedes. 

Section 1107. Independent evaluation of distance education programs 

The House bill authorizes the Secretary to enter into an agreement with the National Academy of Sciences to conduct an independent evaluation of the quality of distance education programs. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify specific 

areas of study and push out the deadlines for the interim and final 

reports. 

Section 1108. Review of costs and benefits of environmental, health 

and safety standards 

The House bill authorizes the Secretary to enter into an agreement with the National Research Council of the National Academy 

of Sciences to conduct a national study to determine the costs and 

viability of developing and implementing standards in environmental, health and safety areas. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 1109. Study of minority male academic achievement 

The House bill authorizes the Secretary to conduct a national 

study of underrepresented minority males, particularly African 

American and Hispanic American males, completing high school, 

and entering and graduating from colleges and universities. The 

study shall focus on high school completion and preparation for college, success on the SAT and ACT, and minority male access to college, including the financing of college, and college persistence and 

graduation. A report shall be presented to the Authorizing Committees no later than four years following enactment. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to include other racial 

and ethnic groups in the study. 

Section 1110. Study on bias in standardized testing 

The House bill requires the GAO to conduct a study to identify 

the presence of race, ethnicity, and gender biases in standardized 

tests. An interim report shall be presented to the Authorizing Committees no later than one year following enactment. 


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The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to carry out the study 

through the Board on Testing and Assessment. 

The Conferees intend that the study be consistent with protocols utilized by the National Academy of Sciences, which includes 

provisions for public access for data collected and used to conduct 

the study. 

Section 1111. Endowment report 

The House bill requires the Secretary to conduct a study on the 

amount, uses and public purposes of endowments at institutions of 

higher education. A report shall be presented to the Authorizing 

Committees no later than one year following enactment. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to have the GAO conduct the study and provide additional detail on areas to be studied. 

Section 1112. Study on correctional postsecondary education 

The House bill requires the Secretary to conduct a longitudinal 

study to assess the effects of correctional postsecondary education 

that uses empirical assessment methods, measures a range of outcomes, and examines different delivery systems of postsecondary 

education. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require the Secretary of Education to consult with the Secretary of Labor and the 

Attorney General in carrying out the study. 

The Conferees recognize that prison populations in the United 

States continue to swell, placing financial burdens on operating jurisdictions and representing lost human potential among the citizenry. Given that recidivism of released offenders is a key factor 

in prison population growth, the Conferees intend for the Secretary 

to consult with the Secretary of Labor and the Attorney General to 

determine the benefit of postsecondary education during the period 

of correctional confinement as a means to reduce post release offending. Further, the Secretary is charged with identifying and 

studying potential ways to deliver postsecondary education within 

correctional environments. 

Section 1113. Study of aid to less-than-half-time students 

The House bill requires the Secretary to conduct a study on expanding eligibility for Title IV aid to less-than-half-time students. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 1114. Study on regional sensitivity in the needs analysis formula 

The House bill requires the GAO to review the methodology 

that is used to determine the expected family contribution under 

the needs analysis formula found in Part F of Title IV. 

The Senate amendment contains no similar provision. 

The Senate recedes. 


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Section 1115. Study of the impact of student loan debt on public 

service 

The House bill requires the Secretary in consultation with the 

Office of Management and Budget, an organization with expertise 

in the field of public service, and other interested parties, to conduct a study of how student loan debt levels impact the decisions 

of graduates of postsecondary and graduate education programs to 

enter into public service careers. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to clarify what items 

that the study should cover. 

Section 1116. Study on teaching students with reading disabilities 

The amendment requires the Secretary of Education to enter 

into an agreement with the National Academy of Sciences to study 

the quality of teacher education programs with respect to meeting 

the needs of students with reading and language processing disabilities. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to focus the scope of 

the study and have the study be conducted by the Center for Education at the National Academy of Sciences. The study will examine the degree to which schools of education prepare their teachers 

to effectively address the five essential components of reading instruction. The study will also examine quality of the teacher preparation reading programs to determine the extent to which these 

programs incorporate early intervention strategies that target the 

prevention of reading failure before it occurs. The Conferees believe 

that teacher preparation programs should be aligned with current 

research and based on the essential components of reading instruction. These programs should ensure that our Nation’s future teachers are adequately prepared to address the diverse learning needs 

of students with reading and language processing disabilities, including dyslexia. The Conferees are concerned that pre-service 

teachers do not receive adequate training in the fundamentals of 

reading instruction during their teacher preparation program, and 

thus are not prepared to effectively meet the diverse needs of the 

students that they teach. 

Section 1117. Report on income-contingent repayment through the 

income tax withholding system 

The House bill includes a sense of the Congress that the Secretaries of Education and the Treasury will work together to develop 

a process by which borrowers can convert their student loans to income-contingent loans where they will make payments on their student loans using income tax withholding. The House bill requires 

the Secretaries of Education and the Treasury to report to the Authorizing Committees within one year after the date of enactment 

with information on progress in developing such a system for borrowers to convert their loans to income-contingent loans that they 

will repay through income tax withholding. 

The Senate amendment contains no similar provisions. 

The Senate recedes with an amendment to strike the sense of 

the Congress and refine the scope of the report. 


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Section 1118. Developing additional measures of degree completion 

The Senate amendment requires institutions to disaggregate 

data on completion and graduation rates based on student gender, 

race/ethnicity, and receipt of a Pell Grant and federal loans under 

Title IV. 

The House bill contains no similar provision. 

The House recedes with an amendment to require the Secretary, in coordination with the Commissioner of Education Statistics, representatives of institutions, and other stakeholders to make 

recommendations on alternative ways to report such graduation 

rate information. 

Section 1119. Study on the financial and compliance audits of the 

Federal Student Loan Program 

The House bill required the Secretary to conduct an audit of 

the Direct Loan Program and guaranty agencies in the Federal 

Family Loan Program. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to require the GAO to 

conduct a study on the audits being done of the student loan programs and the ability of the audits to determine whether the programs are operating in the best interests of students and taxpayers. 

Section 1120. Summit on sustainability 

The House bill requires the Secretary to convene a summit on 

sustainability in higher education no later than September 30, 

2008. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to strike 2008 and replace with 2010 for the date by which the Secretary must convene 

the Summit. 

Section 1121: Nursing school capacity 

The House bill requires the Secretary to enter into an agreement with the Institute of Medicine of the National Academy of 

Sciences to conduct a study on the capacity of nursing schools to 

admit and train a sufficient number of registered nurses to meet 

health care needs in the United States. 

The Senate amendment contains no similar provision. 

The Senate recedes. 

Section 1122. Study and report on non-individual information 

The House bill requires the GAO to study and report to Congress on the inclusion of non-individual factors (e.g., institution of 

higher education cohort default rates, accreditation, and graduation 

rates) in the underwriting criteria used to determine the pricing of 

private education loans. No later than one year after the date of 

enactment, the GAO shall submit a report on the results of the 

study to Congress. 

The Senate amendment contains no similar provision. 

The Senate recedes with an amendment to move the provision 

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tees on Banking, Housing and Urban Affairs and Health, Education, Labor and Pensions. 

Section 1123. Feasibility study for student loan clearinghouse 

The House bill requires the Secretary of Education to conduct 

a study on the feasibility of developing a National Electronic Student Loan Marketplace to provide a registry of real-time information on Federal student loans and private educational loans, and 

other purposes. 

The Senate amendment authorizes the Secretary of Education 

to establish one or more clearinghouses of information on Federal 

student loans and private educational loans, for use by prospective 

borrowers or any person desiring information regarding available 

interest rates and other terms from lenders. 

The Senate recedes with an amendment to require the Comptroller General to conduct a study on the feasibility of developing 

a national student loan clearinghouse on the website of the Department of Education to provide a registry of real-time information on 

Federal student loans and private educational loans, and further 

modifies the purposes of the study. 

Section 1124. Study on Department of Education oversight of incentive compensation ban 

The Conferees require the GAO to conduct a study of efforts 

made by the Department of Education to enforce the existing program participation agreement requirement that prohibits institutions from offering incentives for enrollment. 

Section 1125. Definition of authorizing committees 

Authorizing Committees are defined for purposes of this Title. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, this conference report and the statement of managers accompanying this conference report contain no congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of rule XXI. 

GEORGE MILLER, RUBE ́ N HINOJOSA, JOHN F. TIERNEY, DAVID WU, TIMOTHY BISHOP, JASON ALTMIRE, JOHN YARMUTH, JOE COURTNEY, 

ROBERT E. ANDREWS, 

BOBBY SCOTT, 

SUSAN A. DAVIS, 

DANNY K. DAVIS, 

MAZIE K. HIRONO, 

BART GORDON, 

BRIAN BAIRD, 

JOHN CONYERS, Jr., 

MAXINE WATERS, 


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BUCK MCKEON, RIC KELLER, THOMAS PETRI, CATHY MCMORRIS RODGERS, MIKE CASTLE, MARK SOUDER, VERNON J. EHLERS, JUDY BIGGERT, LOUIE GOHMERT, Managers on the Part of the House. 

TED KENNEDY, 

CHRISTOPHER DODD, 

TOM HARKIN, 

BARBARA A. MIKULSKI, 

JEFF BINGAMAN, 

PATTY MURRAY, 

JACK REED, 

HILLARY RODHAM CLINTON, 

BARACK OBAMA, 

BERNARD SANDERS, 

SHERROD BROWN, 

MICHAEL B. ENZI, 

JUDD GREGG, 

RICHARD BURR, 

LISA MURKOWSKI, 

ORRIN G. HATCH, 

PAT ROBERTS, 

WAYNE ALLARD, 

Managers on the Part of the Senate. 

Æ 


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