" ! HOUSE OF REPRESENTATIVES 110TH CONGRESS

1st Session 

REPT. 110–500 

Part 1 

COLLEGE OPPORTUNITY AND 

AFFORDABILITY ACT OF 2007 

R E P O R T 

OF THE

COMMITTEE ON EDUCATION AND LABOR 

TOGETHER WITH

ADDITIONAL VIEWS 

TO ACCOMPANY

H.R. 4137 

DECEMBER 19, 2007.—Ordered to be printed 


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COLLEGE OPPORTUNITY AND AFFORDABILITY ACT OF 2007 


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110TH CONGRESS REPT. 110–500 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

COLLEGE OPPORTUNITY AND AFFORDABILITY ACT OF 

2007 

DECEMBER 19, 2007.—Ordered to be printed 

Mr. GEORGE MILLER of California, from the Committee on 

Education and Labor, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 4137] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Education and Labor, to whom was referred 

the bill (H.R. 4137) to amend and extend the Higher Education Act 

of 1965, and for other purposes, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘College Opportunity and Affordability Act of 2007’’. 

(b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. References; Effective date. 

TITLE I—TITLE I AMENDMENTS 

Sec. 101. Definitions of institution of higher education. 

Sec. 102. Additional definitions. 

Sec. 103. Treatment of territories and territorial student assistance. 

Sec. 104. National Advisory Committee on Institutional Quality and Integrity. 

‘‘Sec. 114. National Advisory Committee on Institutional Quality and Integrity. 

Sec. 105. Drug and alcohol abuse prevention. 

Sec. 106. Prior rights and obligations. 

Sec. 107. Improved information concerning the Federal student financial aid website. 

Sec. 108. State commitment to affordable college education. 

‘‘Sec. 132. State commitment to affordable college education. 

Sec. 109. Transparency in college tuition for consumers. 

‘‘Sec. 133. Transparency in college tuition for consumers. 


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Sec. 110. Textbook information. 

‘‘Sec. 134. Textbook information. 

Sec. 111. Database of student information prohibited. 

‘‘Sec. 135. Database of student information prohibited. 

Sec. 112. Institution and lender reporting and disclosure requirements. 

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

‘‘Sec. 151. Definitions. 

‘‘Sec. 152. Requirements for lenders and institutions participating in preferred lender arrangements. 

‘‘Sec. 153. Interest rate report for institutions and lenders participating in preferred lender arrangements. 

‘‘Sec. 154. Private educational loan disclosure requirements for covered institutions. 

‘‘Sec. 155. Integrity provisions. 

‘‘Sec. 156. Compliance and enforcement. 

‘‘Sec. 157. Student loan counseling. 

Sec. 113. Feasibility study for national electronic student loan marketplace. 

TITLE II—TITLE II REVISION 

Sec. 201. Revision of title II. 

‘‘TITLE II—TEACHER QUALITY ENHANCEMENT 

‘‘Sec. 200. Definitions. 

‘‘Sec. 200A. Rule of Construction. 

‘‘PART A—TEACHER QUALITY PARTNERSHIP GRANTS

‘‘Sec. 201. Purposes; Definitions. 

‘‘Sec. 202. Partnership grants. 

‘‘Sec. 203. Administrative provisions. 

‘‘Sec. 204. Accountability and evaluation. 

‘‘Sec. 205. Accountability for programs that prepare teachers. 

‘‘Sec. 206. Teacher development. 

‘‘Sec. 207. State functions. 

‘‘Sec. 208. General provisions. 

‘‘Sec. 209. Authorization of appropriations. 

‘‘PART B—PREPARING TEACHERS FOR DIGITAL AGE LEARNERS

‘‘Sec. 221. Program authorized. 

‘‘Sec. 222. Uses of Funds. 

‘‘Sec. 223. Application requirements. 

‘‘Sec. 224. Evaluation. 

‘‘Sec. 225. Authorization of appropriations. 

‘‘PART C—ENHANCING TEACHER EDUCATION

‘‘Sec. 240. Authorization of appropriations. 

‘‘SUBPART 1—RECRUITING TEACHERS WITH MATH, SCIENCE, OR LANGUAGE MAJORS

‘‘Sec. 241. Program authorized. 

‘‘SUBPART 2—COMMUNITY COLLEGES AS PARTNERS IN TEACHER EDUCATION GRANTS

‘‘Sec. 251. Grants to community colleges. 

‘‘Sec. 252. Definitions. 

‘‘SUBPART 3—HONORABLE AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE

‘‘Sec. 261. Definitions. 

‘‘Sec. 262. Augustus F. Hawkins Centers of excellence. 

‘‘SUBPART 4—TEACH FOR AMERICA

‘‘Sec. 271. Teach for America. 

‘‘SUBPART 5—EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER TASK FORCE

‘‘Sec. 281. Purpose. 

‘‘Sec. 282. Definition of early childhood education program. 

‘‘Sec. 283. Grants authorized. 

‘‘Sec. 284. State task force establishment. 

‘‘Sec. 285. State task force activities. 

‘‘Sec. 286. State application and report. 

‘‘Sec. 287. Evaluations. 

Sec. 202. National Academy of Sciences study of best practices in teacher preparation. 

TITLE III—TITLE III AMENDMENTS 

Sec. 301. Program purpose. 

Sec. 302. Title III grants for American Indian Tribally Controlled Colleges and Universities. 

Sec. 303. Predominantly Black Institutions. 

‘‘Sec. 318. Predominantly Black Institutions. 

Sec. 304. Assistance to Asian American and Native American Pacific Islander-serving institutions. 

‘‘Sec. 319. Asian American and Native American Pacific Islander-serving institutions. 

Sec. 305. Native American-serving, nontribal institutions. 

‘‘Sec. 320. Native American-serving, nontribal institutions. 

Sec. 306. Strengthening Historically Black Colleges and Universities. 

Sec. 307. Endowment Challenge Grants. 

Sec. 308. Limitations on Federal insurance for bonds issued by the designated bonding authority. 

Sec. 309. Programs in STEM fields. 

‘‘SUBPART 2—PROGRAMS IN STEM FIELDS

‘‘Sec. 355. YES Partnerships grant program. 


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‘‘Sec. 356. Promotion of entry into STEM fields. 

‘‘Sec. 357. Evaluation and Accountability Plan. 

Sec. 310. Technical assistance. 

Sec. 311. Waiver authority. 

Sec. 312. Authorization of appropriations. 

Sec. 313. Technical corrections. 

TITLE IV—TITLE IV AMENDMENTS 

PART A—PART A AMENDMENTS 

Sec. 401. Federal Pell Grants. 

Sec. 402. Federal TRIO Programs. 

Sec. 403. GEARUP Amendments. 

Sec. 404. Academic Achievement Incentive Scholarships. 

Sec. 405. Federal Supplemental Educational Opportunity Grants. 

Sec. 406. Grants for access and persistence. 

‘‘Sec. 415E. Grants for access and persistence. 

Sec. 407. Special programs for students whose families are engaged in migrant and seasonal farmwork. 

Sec. 408. Robert C. Byrd Honors Scholarship Program. 

‘‘SUBPART 6—ROBERT C. BYRD AMERICAN COMPETITIVENESS PROGRAM

‘‘Sec. 419A. Robert C. Byrd mathematics and science honors scholarship program. 

‘‘Sec. 419B. Mathematics and science incentive program. 

‘‘Sec. 419C. Foreign Language Partnerships. 

‘‘Sec. 419D. Authorization of appropriations. 

Sec. 409. Child care access means parents in school. 

Sec. 410. Learning Anytime Anywhere Partnerships. 

Sec. 411. TEACH Grants. 

‘‘Sec. 420P. Program evaluation. 

PART B—FEDERAL FAMILY EDUCATION LOANS

Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance. 

Sec. 422. Federal Interest Subsidies. 

Sec. 423. Student loan information. 

Sec. 424. Consolidation loan disclosure. 

Sec. 425. Loan forgiveness for service in areas of national need. 

‘‘Sec. 428K. Loan forgiveness for service in areas of national need. 

Sec. 426. Loan repayment for civil legal assistance attorneys. 

‘‘Sec. 428L. Loan repayment for civil legal assistance attorneys. 

Sec. 427. Settlement of claims. 

Sec. 428. Delinquency prevention, default aversion, and consumer education information programs. 

‘‘Sec. 433A. Delinquency prevention, default aversion, and consumer education information programs. 

Sec. 429. Definition of eligible lender. 

Sec. 430. Cohort default rates. 

Sec. 431. Disability determinations. 

PART C—COLLEGE WORK/STUDY

Sec. 441. Reauthorization. 

Sec. 442. Additional funds for off-campus community service. 

Sec. 443. Work Colleges. 

PART D—FEDERAL DIRECT STUDENT LOANS

Sec. 451. Reauthorization. 

Sec. 452. Public service job definition. 

Sec. 453. Identity fraud protection. 

Sec. 454. Direct loan program audit and reporting requirements. 

PART E—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. 

PART F—NEED ANALYSIS

Sec. 471. Cost of attendance. 

Sec. 472. Discretion to make adjustments for nursing home expenses. 

Sec. 473. Definitions. 

PART G—GENERAL PROVISIONS

Sec. 481. Compliance calendar. 

Sec. 482. Improvements to paper and electronic forms and processes. 

Sec. 483. Increasing access to technology. 

Sec. 484. Sense of the Congress; Report. 

Sec. 485. Student eligibility. 

Sec. 486. Assessment of costs and other charges. 

Sec. 487. Readmission requirements for servicemembers. 

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

Sec. 489. Articulation agreements. 

‘‘Sec. 486A. Articulation agreements. 

Sec. 490. Program participation agreements. 

Sec. 491. Regulatory relief and improvement. 

Sec. 492. Advisory Committee on Student Financial Assistance. 

Sec. 493. Negotiated rulemaking. 

Sec. 494. Technical amendment. 

Sec. 495. Campus-based digital theft prevention. 

‘‘Sec. 494. Campus-based digital theft prevention. 


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PART H—PROGRAM INTEGRITY

Sec. 496. Recognition of accrediting agency or association. 

Sec. 497. Accreditation Ombudsman. 

‘‘Sec. 497. Accreditation Ombudsman. 

Sec. 498. Program review and data. 

Sec. 499. Competitive loan auction pilot program evaluation. 

TITLE V—TITLE V AMENDMENTS 

Sec. 501. Postbaccalaureate opportunities for Hispanic Americans. 

‘‘PART B—PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS

‘‘Sec. 511. Purposes. 

‘‘Sec. 512. Program authority and eligibility. 

‘‘Sec. 513. Authorized activities. 

‘‘Sec. 514. Application and duration. 

TITLE VI—TITLE VI AMENDMENTS 

Sec. 601. International and foreign language studies. 

Sec. 602. Business and international education programs. 

Sec. 603. Institute for International Public Policy. 

‘‘Sec. 621. Program for foreign service professionals. 

Sec. 604. Preparing for early foreign language instruction. 

‘‘PART D—PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION 

‘‘Sec. 631. Preparing for early foreign language instruction. 

Sec. 605. Evaluation, outreach, and dissemination. 

‘‘Sec. 642. Evaluation, outreach, and dissemination. 

Sec. 606. Student safety. 

‘‘Sec. 643. Student safety. 

Sec. 607. Science and technology advanced foreign language education grant program. 

‘‘Sec. 644. Science and technology advanced foreign language education grant program. 

Sec. 608. Reporting by Institutions. 

‘‘Sec. 645. Reporting by Institutions. 

Sec. 609. Federal foreign language education marketing campaign. 

TITLE VII—TITLE VII AMENDMENTS 

Sec. 701. Javits fellowship program. 

Sec. 702. Graduate assistance in areas of national need. 

Sec. 703. Thurgood Marshall legal educational opportunity program. 

Sec. 704. Patsy T. Mink Fellowship program. 

‘‘SUBPART 4—PATSY T. MINK FELLOWSHIP PROGRAM

‘‘Sec. 722. Patsy T. Mink Fellowships. 

Sec. 705. Fund for the improvement of postsecondary education. 

Sec. 706. Urban-serving research universities. 

‘‘PART C—URBAN-SERVING RESEARCH UNIVERSITIES

‘‘Sec. 751. Purpose; program authorized. 

‘‘Sec. 752. Application for urban-serving research university grants. 

‘‘Sec. 753. Allowable activities. 

‘‘Sec. 754. Definitions. 

‘‘Sec. 755. Authorization of appropriations. 

Sec. 707. Programs to ensure students with disabilities receive a quality higher education. 

‘‘SUBPART 1—QUALITY HIGHER EDUCATION

‘‘SUBPART 2—NATIONAL TECHNICAL ASSISTANCE CENTER; COMMISSION ON ACCESSIBLE MATERIALS; PROGRAMS TO

SUPPORT IMPROVED ACCESS TO MATERIALS

‘‘Sec. 766. National Center. 

‘‘Sec. 766A. Establishment of advisory commission on accessible instructional materials in postsecondary 

education for students with disabilities. 

‘‘Sec. 766B. Model demonstration programs to support improved access to postsecondary instructional materials for students with print disabilities. 

‘‘Sec. 766C. Authorization of appropriations. 

‘‘SUBPART 3—TRANSITION PROGRAMS FOR STUDENTS WITH INTELLECTUAL DISABILITIES INTO HIGHER EDUCATION; COORDINATING CENTER

‘‘Sec. 767. Purpose. 

‘‘Sec. 768. Definitions. 

‘‘Sec. 769. Model comprehensive transition and postsecondary programs for students with intellectual disabilities. 

‘‘Sec. 770. Coordinating center for technical assistance, evaluation, and development of accreditation standards. 

‘‘Sec. 770A. Authorization of appropriations. 

Sec. 708. Subgrants to nonprofit organizations. 

Sec. 709. Nursing education. 

‘‘PART F—NURSING EDUCATION

‘‘Sec. 776. Additional capacity for R.N. students or graduate-level nursing students. 

‘‘Sec. 777. Nurse Faculty Pilot Project. 

Sec. 710. National study on higher education access and success for students with disabilities. 

TITLE VIII—ADDITIONAL PROGRAMS 

Sec. 801. Additional programs. 


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‘‘TITLE VIII—ADDITIONAL PROGRAMS 

‘‘Sec. 800. Authorization of appropriations. 

‘‘PART A—LOW TUITION

‘‘Sec. 801. Incentives and rewards for low tuition. 

‘‘PART B—COOPERATIVE EDUCATION

‘‘Sec. 811. Statement of purpose; definition. 

‘‘Sec. 812. Reservations. 

‘‘Sec. 813. Grants for cooperative education. 

‘‘Sec. 814. Demonstration and innovation projects; training and resource centers; and research. 

‘‘PART C—COLLEGE PARTNERSHIP GRANTS

‘‘Sec. 821. College Partnership Grants Authorized. 

‘‘PART D—STUDENT SUCCESS GRANTS

‘‘Sec. 826. Student success grants. 

‘‘PART E—JOBS TO CAREERS

‘‘Sec. 831. Grants to create bridges from jobs to careers. 

‘‘PART F—PROJECT GRAD 

‘‘Sec. 836. Project GRAD. 

‘‘PART G—IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS

‘‘Sec. 841. Improving college enrollment by secondary schools. 

‘‘PART H—DIPLOMA MILL PREVENTION

‘‘Sec. 851. Purpose; Definitions. 

‘‘Sec. 852. Recognized accrediting agencies and institutions. 

‘‘Sec. 853. Accrediting agencies. 

‘‘Sec. 854. Task Force. 

‘‘Sec. 855. Sense of the Congress regarding use by States of the Federal Plan as guidelines. 

‘‘Sec. 856. Unfair and deceptive acts and practices regarding diplomas and professional certifications. 

‘‘PART I—STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT

‘‘Sec. 861. Student safety and campus emergency management. 

‘‘Sec. 862. Model emergency response policies, procedures, and practices. 

‘‘Sec. 863. Preparation for future disasters plan by the Secretary. 

‘‘Sec. 864. Education disaster and emergency relief loan program. 

‘‘Sec. 865. Guidance on mental health disclosures for student safety. 

‘‘PART J—RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND UNIVERSITIES

‘‘Sec. 871. Purpose. 

‘‘Sec. 872. Definitions. 

‘‘Sec. 873. Ensuring college access for rural high school graduates. 

‘‘Sec. 874. Economic development partnerships. 

‘‘Sec. 875. Quality of life in rural areas. 

‘‘Sec. 876. Allocation of appropriations. 

‘‘PART K—IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION WITH A FOCUS ON

ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS

‘‘Sec. 880. Improving science, technology, engineering, and mathematics education with a focus on Alaska 

Native and Native Hawaiian students. 

‘‘PART L—NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF SCIENCE, TECHNOLOGY, ENGINEERING, 

AND MATHEMATICS

‘‘Sec. 881. National Database on Financial Assistance For Study of Science, Technology, Engineering, and 

Mathematics. 

‘‘PART M—TRAINING FOR REALTIME WRITERS

‘‘Sec. 882. Program to promote training and job placement of realtime writers. 

‘‘PART N—CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS

‘‘Sec. 883. Model Programs for Centers of Excellence for Veteran Student Success. 

‘‘PART O—UNIVERSITY SUSTAINABILITY PROGRAMS

‘‘SUBPART 1—SUSTAINABILITY PLANNING GRANTS

‘‘Sec. 884. Grants authorized. 

‘‘SUBPART 2—SUMMIT ON SUSTAINABILITY

‘‘Sec. 885. Summit on sustainability. 

‘‘PART P—MODELING AND SIMULATION PROGRAMS

‘‘Sec. 886. Modeling and Simulation. 

‘‘PART Q—BUSINESS WORKFORCE PARTNERSHIPS

‘‘Sec. 887. Grants to create business workforce partnerships. 


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Sec. 802. Sense of the Congress; report. 

Sec. 803. Independent evaluation of distance education programs. 

Sec. 804. Encouraging colleges and universities to ‘‘go green’’. 

Sec. 805. Study of costs of environmental, health, and safety standards. 

Sec. 806. Study of minority male academic achievement. 

Sec. 807. Study on bias in standardized tests. 

Sec. 808. Feasibility study on student loans. 

Sec. 809. Endowment report. 

Sec. 810. Study of Correctional Postsecondary Education. 

Sec. 811. National Undergraduate Fellows Program. 

Sec. 812. National Center for Learning Science and Technology Trust Fund. 

Sec. 813. GAO Study of education related indebtedness of medical school graduates. 

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. Audit. 

Sec. 905. Reports. 

Sec. 906. Monitoring, evaluation, and reporting. 

Sec. 907. Liaison for educational programs. 

Sec. 908. Federal endowment programs for Gallaudet University and the National Technical Institute for the 

Deaf. 

Sec. 909. Oversight and effect of agreements. 

Sec. 910. International students. 

Sec. 911. Research priorities. 

Sec. 912. National study on the education of the deaf. 

Sec. 913. Authorization of appropriations. 

PART B—INDIAN EDUCATION 

SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES

Sec. 921. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978. 

‘‘Sec. 105. Technical assistance contracts. 

‘‘TITLE V—TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS 

‘‘Sec. 501. Definition of tribally controlled postsecondary career and technical institution. 

‘‘Sec. 502. Tribally controlled postsecondary career and technical institutions program. 

‘‘Sec. 503. Applicability of other laws. 

‘‘Sec. 504. Authorization of appropriations. 

‘‘Sec. 1. Short title. 

SUBPART 2—NAVAJO HIGHER EDUCATION

Sec. 931. Reauthorization of Navajo Community College Act. 

PART C—HIGHER EDUCATION AMENDMENTS OF 1998; HIGHER EDUCATION AMENDMENTS OF 1992 

Sec. 941. Grants for training for incarcerated individuals. 

‘‘PART D—GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS

‘‘Sec. 821. Grants for improved workplace and community transition training for incarcerated individuals. 

Sec. 942. Underground railroad. 

Sec. 943. Repeals of Expired and Executed Provisions. 

Sec. 944. Olympic Scholarships. 

Sec. 945. Establishment of Assistant Secretary for International and Foreign Language Education. 

‘‘Sec. 207A. Office of international and foreign language education. 

PART D—JUSTICE DEPARTMENT PROGRAMS

Sec. 951. Loan repayment for prosecutors and defenders. 

‘‘PART JJ—LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

‘‘Sec. 3111. Grant authorization. 

Sec. 952. National center for campus public safety. 

Sec. 953. Private loan forgiveness. 

PART E—STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 

Sec. 961. Establishment of Program. 

Sec. 962. Authorization of appropriations. 

TITLE X—PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT 

Sec. 1001. Short title. 

Sec. 1002. Definitions. 

Sec. 1003. Regulations. 

Sec. 1004. 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. 

‘‘ 140. Preventing unfair and deceptive private educational lending practices and eliminating conflicts of in- terest. 

Sec. 1012. Civil liability. 

Subtitle B—Improved Disclosures for Private Educational Loans 

Sec. 1021. Private educational loan disclosures and limitations. 

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


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Subtitle C—Financial Literacy 

Sec. 1031. Coordinated education efforts. 

Subtitle D—Study and Report on Nonindividual Information 

Sec. 1041. Study and report on nonindividual information. 

Subtitle E—Incentives For Low-Cost Educational Loans 

Sec. 1051. CRA credit for low-cost educational loans. 

SEC. 2. REFERENCES; EFFECTIVE DATE. 

(a) REFERENCES.—Except as otherwise expressly provided therein, 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.). 

(b) EFFECTIVE DATE.—Except as otherwise provided in this Act or the amendments made by this Act, the amendments made by this Act shall be effective on the 

date of enactment of this Act. 

TITLE I—TITLE I AMENDMENTS 

SEC. 101. DEFINITIONS OF INSTITUTION OF HIGHER EDUCATION. 

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

(1) in subsection (a)(3), by inserting ‘‘, or awards a degree that is acceptable 

for admission to a graduate or professional degree program, subject to review 

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

(2) by striking subsection (b)(2) and inserting the following: 

‘‘(2) a public or nonprofit private educational institution in any State that, in 

lieu of the requirement in subsection (a)(1), admits as regular students persons— ‘‘(A) who are beyond the age of compulsory school attendance in the State 

in which the institution is located; or 

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

secondary school.’’. 

(b) INTERNATIONAL MEDICAL SCHOOLS.—Section 102(a)(2)(A) (20 U.S.C. 

1002(a)(2)(A)) is amended— 

(1) in the first sentence, by inserting ‘‘nursing school,’’ after ‘‘graduate medical 

school,’’; 

(2) in clause (i)— 

(A) by striking ‘‘or’’ at the end of subclause (I); and 

(B) by striking subclause (II) and inserting the following new subclauses: 

‘‘(II) the institution has or had a clinical training program that 

was approved by a State as of January 1, 1992, and continues to 

operate a clinical training program in at least one State, which is 

approved by that State; or 

‘‘(III) the institution— 

‘‘(aa) has a clinical training program that was approved by 

a State before January 1, 2008; 

‘‘(bb) certifies only unsubsidized Stafford or PLUS loans 

under part B of title IV to graduate and professional students 

attending the institution; and 

‘‘(cc) agrees to reimburse the Secretary for the cost of any 

loan defaults for students included in the institution’s cohort 

default rate during the previous fiscal year; or’’; and 

(3) by striking the period at the end of clause (ii) and inserting ‘‘; or’’; and 

(4) by adding at the end the following new clause: 

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

States, the institution— 

‘‘(I) has agreements with hospitals and eligible nursing schools 

located in the United States that include provisions for students to 

complete their clinical training at such hospitals and eligible nursing schools; 

‘‘(II) certifies only unsubsidized Stafford and PLUS loans under 

part B of title IV for students attending the institution; and 

‘‘(III) agrees to reimburse the Secretary for the cost of any loan 

defaults to the extent that the institution’s cohort default rate exceeds 5 percent.’’. 

(c) CONFORMING AMENDMENT CONCERNING 90/10 ENFORCEMENT.—Section 

102(b)(1) (20 U.S.C. 1002(b)(1)) is amended— 


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

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

(3) by striking subparagraph (F). 

(d) ADDITIONAL INSTITUTIONS.—Section 102 (20 U.S.C. 1002) is further amended— 

(1) by striking subsection (b)(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 

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

secondary school.’’; and 

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

‘‘(2) ADDITIONAL INSTITUTIONS.—The term ‘postsecondary vocational institution’ also includes an educational institution in any State that, in lieu of the 

requirement in section 101(a)(1), admits as regular students 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.’’. 

SEC. 102. ADDITIONAL DEFINITIONS. 

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

(1) by adding at the end the following new paragraphs: 

‘‘(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. 149, 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 

of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary 

School Improvement Amendments of 1988)), except that in 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 1 or more of the technologies described 

in subparagraph (B)— 

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

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

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

used may include— 

‘‘(i) the Internet; 

‘‘(ii) one-way and two-way transmissions through open broadcast, 

closed circuit, cable, microwave, broadband lines, fiber optics, satellite, 

or wireless communications devices; 

‘‘(iii) audio conferencing; or 

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

CD–ROMs are used in a course in conjunction with the technologies 

listed in clauses (i) through (iii). 

‘‘(20) HIGH-NEED SCHOOL.—Except with respect to title II, the term ‘high-need 

school’ means a public or nonprofit private elementary or secondary school 

which is in a local educational agency which is eligible for assistance pursuant 

to title I of the Elementary and Secondary Education Act of 1965 in the applicable fiscal year, and which for the purpose of this paragraph and for that year 

was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under section 

1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 

percent of the total enrollment of that school. 

‘‘(21) LIMITED ENGLISH PROFICIENT.—The term ‘limited English proficient’ has 

the meaning given such term in section 9101 of the Elementary and Secondary 

Education Act of 1965. 


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9 

‘‘(22) UNIVERSAL DESIGN.—The term ‘universal design’ means a concept or 

philosophy for designing and delivering products and services that are usable 

by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 

‘‘(23) UNIVERSAL DESIGN FOR LEARNING.—The term ‘universal design for learning’ means a research-based framework for designing curriculum (including 

goals, methods, materials, and assessments) that— 

‘‘(A) provides curricular flexibility in the ways information is presented, 

in the ways students respond or demonstrate knowledge, and in the ways 

students are engaged; and 

‘‘(B) reduces barriers in instruction and assessment, provides appropriate 

supports and challenges, and maintains high achievement standards for all 

students, including students with disabilities.’’; and 

(2) 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’’; and 

(C) in subsection (n)(4), by striking ‘‘Committee on Education and the 

Workforce of the House of Representatives and the Committee on Labor 

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

(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 439 (20 U.S.C. 1087–2)— 


bajohnson on PROD1PC71 with REPORTS
10 

(A) in subsection (d)(1)(E)(iii), by striking ‘‘advise the Chairman’’ and all 

that follows through ‘‘House of Representatives’’ and inserting ‘‘advise the 

members of the authorizing committees’’; 

(B) in subsection (r)— 

(i) in paragraph (3), by striking ‘‘inform the Chairman’’ and all that 

follows through ‘‘House of Representatives,’’ and inserting ‘‘inform the 

members of the authorizing committees’’; 

(ii) in paragraph (5)(B), by striking ‘‘plan, to the Chairman’’ and all 

that follows through ‘‘Education and Labor’’ and inserting ‘‘plan, to the 

members of the authorizing committees’’; 

(iii) in paragraph (6)(B)— 

(I) by striking ‘‘plan, to the Chairman’’ and all that follows 

through ‘‘House of Representatives’’ and inserting ‘‘plan, to the 

members of the authorizing committees’’; and 

(II) by striking ‘‘Chairmen and ranking minority members of 

such Committees’’ and inserting ‘‘members of the authorizing committees’’; 

(iv) in paragraph (8)(C), by striking ‘‘implemented to the Chairman’’ 

and all that follows through ‘‘House of Representatives, and’’ and inserting ‘‘implemented to the members of the authorizing committees, 

and to’’; and 

(v) in the matter preceding subparagraph (A) of paragraph (10), by 

striking ‘‘days to the Chairman’’ and all that follows through ‘‘Education and Labor’’ and inserting ‘‘days to the members of the authorizing committees’’; and 

(C) in subsection (s)(2)— 

(i) in the matter preceding clause (i) of subparagraph (A), by striking 

‘‘Treasury and to the Chairman’’ and all that follows through ‘‘House 

of Representatives’’ and inserting ‘‘Treasury and to the members of the 

authorizing committees’’; and 

(ii) in subparagraph (B), by striking ‘‘Treasury and to the Chairman’’ 

and all that follows through ‘‘House of Representatives’’ and inserting 

‘‘Treasury and to the members of the authorizing committees’’; 

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

on Labor and Human Resources of the Senate and the Committee on Education 

and the Workforce of the House of Representatives’’ and inserting ‘‘authorizing 

committees’’; 

(10) 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’’; 

(11) 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’’; 

(12) in section 485 (20 U.S.C. 1092)— 

(A) in subsection (f)(5)(A), by striking ‘‘Committee on Education and the 

Workforce of the House of Representatives and the Committee on Labor 

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

(B) in subsection (g)(4)(B), 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’’; 

(13) in section 486 (20 U.S.C. 1093)— 

(A) in subsection (e), by striking ‘‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce 

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

and 

(B) in subsection (f)(3)— 

(i) in the matter preceding clause (i) of subparagraph (A), by striking 

‘‘Committee on Labor and Human Resources of the Senate and the 

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

(ii) in the matter preceding clause (i) of subparagraph (B), by striking 

‘‘Committee on Labor and Human Resources of the Senate and the 

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

(14) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by striking ‘‘Committee on 

Labor and Human Resources of the Senate and the Committee on Education 


bajohnson on PROD1PC71 with REPORTS
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and the Workforce of the House of Representatives’’ and inserting ‘‘authorizing 

committees’’; and 

(15) in section 498B(d) (20 U.S.C. 1099c–2(d))— 

(A) in paragraph (1), by striking ‘‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce 

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

and 

(B) in paragraph (2), 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’’. 

SEC. 103. 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’’; and 

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

(3) by striking subsection (b). 

SEC. 104. 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 such institutions under title IV. 

‘‘(b) MEMBERSHIP.— 

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

‘‘(A) 6 members shall be appointed by the Secretary; 

‘‘(B) 6 members shall be appointed by the Speaker of the House of Representatives, 3 members on the recommendation of the majority leader of 

the House of Representatives, and 3 members on the recommendation of 

the minority leader of the House of Representatives; and 

‘‘(C) 6 members shall be appointed by the President pro tempore of the 

Senate, 3 members on the recommendation of the majority leader of the 

Senate, and 3 members 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 6 years, except that any 

member appointed to fill a vacancy occurring prior to the expiration of the term 

for which the member’s predecessor was appointed shall be appointed for the 

remainder of such term. 

‘‘(4) VACANCY.—A vacancy on the Committee shall be filled in the same manner as the original appointment was made not later than 90 days after the vacancy 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) 3 years for members appointed under paragraph (1)(A); 

‘‘(B) 4 years for members appointed under paragraph (1)(B); and 

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

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

from among the members. 

‘‘(c) FUNCTIONS.—The Committee shall— 

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

the standards of accrediting agencies or associations under subpart 2 of part H 

of title IV; 


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

‘‘(3) advise the Secretary with respect to the preparation and publication of 

the list of nationally recognized accrediting agencies and associations; 

‘‘(4) advise the Secretary with respect to the eligibility and certification process for institutions of higher education under title IV, together with recommendations for improvements in such process; 

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

‘‘(A) accreditation of institutions of higher education and the certification 

and eligibility of such institutions; and 

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

‘‘(6) take into consideration the complaints, and the resolution of such complaints, received by the ombudsman described in section 497 when advising the 

Secretary with respect to the recognition of a specific accrediting agency or association; and 

‘‘(7) 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) FEDERAL ADVISORY COMMITTEE ACT.—The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that 

section 14 of such Act shall not apply. 

‘‘(e) LIMITATION.—The Committee shall not recommend denial of an application related to the recognition of an accrediting agency or association for any reason other 

than a reason set forth in section 496. 

‘‘(f) REPORT AND NOTICE.— 

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

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

‘‘(i) the member’s name; 

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

‘‘(iii) the individual described in subsection (b)(1) who appointed the 

member; and 

‘‘(B) a solicitation of nominations for each expiring term of office on the 

Committee of a member appointed by the Secretary. 

‘‘(2) REPORT.—Not later than September 30 of each year, the Committee shall 

make an annual report to the Secretary, the authorizing committees, and the 

public. The annual report shall contain— 

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

and recommendations made by, the Committee during the preceding fiscal 

year; 

‘‘(B) a list of the date and location of each meeting during the preceding 

fiscal year; 

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

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

functions established by the Secretary through regulation. 

‘‘(g) TERMINATION.—The Committee shall terminate on September 30, 2012.’’. 

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

January 1, 2009. 

SEC. 105. 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 


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(C) by inserting after subparagraph (A) (as amended by subparagraph (A) 

of this paragraph) the following: 

‘‘(B) determine the number of drug and alcohol-related incidents and fatalities that— 

‘‘(i) occur on the institution’s property or as part of any of the institution’s activities; and 

‘‘(ii) are reported to the institution; 

‘‘(C) determine the number and type of sanctions described in paragraph 

(1)(E) that are imposed by the institution as a result of drug and alcoholrelated incidents and fatalities on the institution’s property or as part of 

any of the institution’s activities; and’’; 

(2) in subsection (e)(5), by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(3) by striking subsection (f). 

SEC. 106. PRIOR RIGHTS AND OBLIGATIONS. 

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

(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. 107. IMPROVED INFORMATION CONCERNING THE 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— 

‘‘(1) shall display a link to the Federal student financial aid website of the 

Department of Education in a prominent place on the homepage of the Department of Education website; and 

‘‘(2) may use administrative funds available for the Department’s operations 

and expenses for the purpose of advertising and promoting the availability of 

the Federal student financial aid website. 

‘‘(e) PROMOTION OF AVAILABILITY OF INFORMATION CONCERNING STUDENT FINAN- CIAL AID PROGRAMS OF OTHER DEPARTMENTS AND AGENCIES.— ‘‘(1) AVAILABILITY OF INFORMATION.—The Secretary shall ensure that the eligibility requirements, application procedures, financial terms and conditions, 

and other relevant information for each non-departmental student financial assistance program are easily accessible through the Federal student financial aid 

website and are incorporated into the search matrix on such website in a manner that permits students and parents to readily identify the programs that are 

appropriate to their needs and eligibility. 

‘‘(2) AGENCY RESPONSE.—Each Federal department and agency shall promptly 

respond to surveys or other requests for the information required by paragraph 

(1), and shall identify for the Secretary any non-departmental student financial 

assistance program operated, sponsored, or supported by such Federal department or agency. 

‘‘(3) DEFINITION.—For purposes of this subsection, the term ‘non-departmental 

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 on 

institution of higher education; and 

‘‘(B) operated, sponsored, or supported by a Federal department or agency 

other than the Department of Education.’’. 

SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION. 

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

new section: 

‘‘SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION. 

‘‘(a) MAINTENANCE OF EFFORT REQUIRED.—A State shall provide for public institutions of higher education in such State for any academic year beginning on or after 

July 1, 2008, an amount which is— 

‘‘(1) equal to or greater than the average amount provided by such State to 

such institutions of higher education during the 5 most recent preceding academic years for which satisfactory data are available; or 

‘‘(2) equal to or greater than the amount provided by such State to such institutions of higher education during the preceding academic year. 

‘‘(b) 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 


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uncontrollable circumstances, such as a natural disaster or a precipitous decline in 

the financial resources of a State or State educational agency, as appropriate. 

‘‘(c) 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 (b) any amount that would 

otherwise be available to the State under section 415E until such State has made 

significant efforts to correct such violation. 

‘‘(d) RESEARCH INTO COST CONTAINMENT METHODS.—The Secretary is authorized— 

‘‘(1) to identify methods of cost containment currently utilized by institutions 

of higher education and systems of such institutions, and research into other 

possible methods of cost containment; 

‘‘(2) to disseminate— 

‘‘(A) the information obtained by such research to such institutions and 

systems; and 

‘‘(B) other information concerning research that has identified successful 

methods of cost containment; 

‘‘(3) to publicly recognize institutions of higher education that are doing an 

effective job at cost containment; and 

‘‘(4) to work together with such institutions and systems to implement these 

methods.’’. 

SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 

Part C of title I (20 U.S.C. 1015) is further amended by adding after section 132 

(as added by section 108 of this Act) the following new section: 

‘‘SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 

‘‘(a) NET PRICE.—In this section, the term ‘net price’ means the average yearly tuition and fees paid by a full-time undergraduate student at an institution of higher 

education, after discounts and grants from the institution, the Federal Government, 

or a State have been applied to the full price of tuition and fees at the institution. 

‘‘(b) HIGHER EDUCATION PRICE INDEX.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of the 

College Opportunity and Affordability Act of 2007, the Bureau of Labor Statistics, in consultation with the Commissioner of Education Statistics and representatives of institutions of higher education, shall develop higher education 

price indices that accurately reflect the annual change in tuition and fees for 

undergraduate students in the categories of institutions listed in paragraph (2). 

Such indices shall be updated annually. Prior to the completion of the higher 

education price index, the Secretary is authorized to use an alternative, comparable index. 

‘‘(2) DEVELOPMENT.—The higher education price indices under paragraph (1) 

shall be developed for each of the following categories: 

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

‘‘(B) 4-year private, nonprofit institutions of higher education. 

‘‘(C) 4-year private, for-profit institutions of higher education. 

‘‘(D) 2-year public institutions of higher education. 

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

‘‘(F) 2-year private, for-profit institutions of higher education. 

‘‘(G) Less than 2-year public institutions of higher education. 

‘‘(H) Less than 2-year private, nonprofit institutions of higher education. 

‘‘(I) Less than 2-year private, for-profit institutions of higher education. 

‘‘(J) All types of institutions described in subparagraphs (A) through (I). 

‘‘(c) REPORTING.— 

‘‘(1) IN GENERAL.—The Secretary shall make publicly available on an annual 

basis, in a sortable electronic format on the College Navigator website, a national list ranking institutions of higher education according to the percentage 

change and dollar change in such institutions’ tuition and fees over the preceding 3 years. Such list shall be capable of being sorted by State, by category 

as determined under paragraph (2), by percentage change, and by dollar 

change. The purpose of such list is to provide consumers with general information on pricing trends among institutions of higher education nationally and in 

each State. 

‘‘(2) CATEGORIES.—The categories to be used for the list described in paragraph (1) are the categories listed in subparagraphs (A) through (I) of subsection (b)(2). 

‘‘(3) HIGHER EDUCATION PRICE INCREASE WATCH LISTS.—Effective July 1, 2008, 

the Secretary shall annually update and make publicly available on the College 

Navigator website, the national list developed under paragraph (1), and the list 

for each State, ranking each institution of higher education whose tuition and 


bajohnson on PROD1PC71 with REPORTS
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fees outpace such institution’s applicable higher education price index described 

in subsection (b). Such lists shall— 

‘‘(A) be known as the Higher Education Price Increase Watch Lists; 

‘‘(B) report the full price of tuition and fees at the institution and the net 

price; 

‘‘(C) include data cells for common expenditures for institutions to utilize; 

‘‘(D) where applicable, report the average price of room and board for students living on campus at the institution, except that such price shall not 

be used in determining whether an institution’s cost outpaces such institution’s applicable higher education price index; and 

‘‘(E) be compiled by the Secretary in a public document to be widely published and disseminated. 

‘‘(4) QUALITY EFFICIENCY TASK FORCES.— ‘‘(A) REQUIRED.—Each institution subject to paragraph (3) shall establish 

a quality-efficiency task force to review the operations of such institution. 

‘‘(B) FUNCTIONS.—Such task force shall analyze institutional operating 

costs in comparison with such costs at other institutions within the same 

category of institutions. Such analysis shall identify areas where, in comparison with other institutions in such class, the institution operates more 

expensively to produce a similar result. Any identified areas shall then be 

targeted for in-depth analysis for cost reduction opportunities. 

‘‘(C) REPORT.—The results of the analysis by a quality-efficiency task 

force under this paragraph shall be made available to the public on the College Navigator website. 

‘‘(5) EXEMPTIONS.—Notwithstanding paragraph (3), an institution shall not be 

placed on the higher education watch list if, for any 3-year interval for the computed price under paragraph (1)— 

‘‘(A) with respect to the category of institutions described in paragraph 

(2) to which the institution belongs, the computed price of the institution 

is in the lowest quartile of institutions within such class, as determined by 

the Secretary, during the last year of such 3-year interval; or 

‘‘(B) the institution has a percentage change in its full price computed 

under paragraph (3) that exceeds the higher education price index, or exceeds the applicable higher education price index over the same time period, but the dollar amount of the full price increase is less than $500, or 

the full price increase is an average of the higher education price index plus 

$500 per year. 

‘‘(6) STATE HIGHER EDUCATION APPROPRIATIONS CHART.—The Secretary shall 

annually report on the Department’s website, in charts for each State— 

‘‘(A) a comparison of the percentage change in State appropriations per 

enrolled student in a public institution of higher education in the State to 

the percentage change in tuition and fees for each public institution of higher education in the State for each of the previous 5 years; and 

‘‘(B) the total amount of need-based and merit-based aid provided by the 

State to students enrolled in an institution of higher education in the State. 

‘‘(d) NET PRICE CALCULATOR.— 

‘‘(1) DEVELOPMENT.—Not later than 1 year after the date of enactment of the 

College Opportunity and Affordability Act of 2007, the Secretary shall, in consultation with institutions of higher education, develop and make several model 

net price calculators to help students, families, and consumers determine the 

net price of an institution of higher education, which institutions of higher education may, at their discretion, elect to use pursuant to paragraph (3). 

‘‘(2) CATEGORIES.—The model net price calculators described in paragraph (1) 

shall be developed for each of the categories listed in subparagraphs (A) through 

(I) of subsection (b)(2). 

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

after the date of enactment of the College Opportunity and Affordability Act of 

2007, each institution of higher education that receives Federal funds under 

this Act shall adopt and use a net price calculator to help students, families, 

and other consumers determine the net price of such institution of higher education. Such calculator may be— 

‘‘(A) based on a model calculator developed by the Department; or 

‘‘(B) developed by the institution of higher education. 

‘‘(e) NET PRICE REPORTING IN APPLICATION INFORMATION.—An institution of higher education that receives Federal funds under this Act shall include, in the materials accompanying an application for admission to the institution, the most recent 

information regarding the net price of the institution, calculated for each quartile 

of students based on the income of either the students’ parents or, in the case of 

independent students (as such term is described in section 480), of the students, for 


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each of the 2 academic years preceding the academic year for which the application 

is produced. 

‘‘(f) ENHANCED COLLEGE NAVIGATOR.— 

‘‘(1) UNIVERSITY AND COLLEGE ACCOUNTABILITY NETWORK.—Not later than 1 

year after the date of enactment of the College Opportunity and Affordability 

Act of 2007, the Secretary shall develop a model format for annually publicly 

displaying basic information about an institution of higher education that chooses to participate, to be posted on the College Navigator and made available to 

institutions of higher education, students, families, and other consumers. Such 

document shall be known as the University and College Accountability Network 

(U–CAN), and shall include, the following information about the institution of 

higher education for the most recent academic year for which the institution 

has available data, presented in a consumer-friendly manner: 

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

‘‘(B) The total number of undergraduate students who applied, were admitted, and enrolled at the institution. 

‘‘(C) Where applicable, reading, writing, mathematics, and combined 

scores on the SAT or ACT for the middle 50 percent range of the institution’s freshman class. 

‘‘(D) Enrollment of full-time, part-time, and transfer students at the institution, at the undergraduate and (where applicable) graduate levels. 

‘‘(E) Percentage of male and female undergraduate students enrolled at 

the institution. 

‘‘(F) Percentage of enrolled undergraduate students from the State in 

which the institution is located, from other States, and from other countries. 

‘‘(G) Percentage of enrolled undergraduate students at the institution by 

race and ethnic background. 

‘‘(H) Retention rates for full-time and part-time first-time, first-year undergraduate students enrolled at the institution. 

‘‘(I) Average time to degree or certificate completion for first-time, firstyear undergraduate students enrolled at the institution. 

‘‘(J) Percentage of enrolled undergraduate students who graduate within 

2 years (in the case of 2-year institutions), and 4, 5, and 6 years (in the 

case of 2-year and 4-year institutions). 

‘‘(K) Number of students who obtained a certificate or an associate’s, 

bachelor’s, master’s, or doctoral degree at the institution. 

‘‘(L) Undergraduate major areas of study with the highest number of degrees awarded. 

‘‘(M) The student-faculty ratio, and number of full-time, part-time, and 

adjunct faculty, and graduate teaching and research assistants with instructional responsibilities, at the institution. 

‘‘(N) Percentage of faculty at the institution with the highest degree in 

their field. 

‘‘(O) Percentage change in total price in tuition and fees and the net price 

for an undergraduate at the institution in each of the preceding 3 academic 

years. 

‘‘(P) Total average yearly cost of tuition and fees, room and board, and 

books and other related costs for an undergraduate student enrolled at the 

institution, for— 

‘‘(i) full-time undergraduate students living on campus; 

‘‘(ii) full-time undergraduate students living off campus; and 

‘‘(iii) in the case of students attending a public institution of higher 

education, such costs for in-State and out-of-State students living on 

and off campus. 

‘‘(Q) Average yearly grant amount (including Federal, State, and institutional aid) for a student enrolled at the institution. 

‘‘(R) Average yearly amount of Federal student loans, and other loans 

provided through the institution, to undergraduate students enrolled at the 

institution. 

‘‘(S) Total yearly grant aid available to undergraduate students enrolled 

at the institution, from the Federal Government, a State, the institution, 

and other sources. 

‘‘(T) Percentage of undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any 

other type of student financial assistance provided publicly or through the 

institution, such as Federal work-study funds. 

‘‘(U) Number of students receiving Federal Pell Grants at the institution. 


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‘‘(V) Average net price for all undergraduate students enrolled at the institution. 

‘‘(W) Percentage of first-year undergraduate students enrolled at the institution who live on campus and off campus. 

‘‘(X) Information on the policies of the institution related to transfer of 

credit from other institutions. 

‘‘(Y) Information on campus safety required to be collected under section 

485(f). 

‘‘(Z) Links to the appropriate sections of the institution’s website that provide information on student activities offered by the institution, such as 

intercollegiate sports, student organizations, study abroad opportunities, intramural and club sports, specialized housing options, community service 

opportunities, cultural and arts opportunities on campus, religious and spiritual life on campus, and lectures and outside learning opportunities. 

‘‘(AA) Links to the appropriate sections of the institution’s website that 

provide information on services offered by the institution to students during 

and after college, such as internship opportunities, career and placement 

services, and preparation for further education. 

‘‘(2) CONSULTATION.—The Secretary shall ensure that current and prospective 

college students, family members of such students, and institutions of higher 

education are consulted in carrying out paragraph (1). 

‘‘(g) STUDENT AID RECIPIENT SURVEY.— 

‘‘(1) SURVEY REQUIRED.—The Secretary shall conduct a survey of student aid 

recipients under title IV on a regular cycle and State-by-State basis, but not 

less than once every 4 years— 

‘‘(A) to identify the population of students receiving Federal student aid; 

‘‘(B) to describe the income distribution and other socioeconomic characteristics of federally aided students; 

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

sources received by students from all income groups; 

‘‘(D) to describe the debt burden of educational loan recipients and their 

capacity to repay their education debts, and the impact of such debt burden 

on career choices; 

‘‘(E) to describe the role played by the price of postsecondary education 

in the determination by students of what institution to attend; and 

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

‘‘(2) SURVEY DESIGN.—The survey shall be representative of full-time and 

part-time, undergraduate, graduate, professional, and current and former students in all types of institutions, and designed and administered in consultation 

with the Congress and the postsecondary education community. 

‘‘(3) DISSEMINATION.—The Commissioner of Education Statistics shall disseminate the information resulting from the survey in both printed and electronic form. 

‘‘(h) REGULATIONS.—The Secretary is authorized to issue such regulations as may 

be necessary to carry out the provisions of this section.’’. 

SEC. 110. TEXTBOOK INFORMATION. 

Part C of title I (20 U.S.C. 1015) is further amended by adding after section 133 

(as added by section 109 of this Act) the following new section: 

‘‘SEC. 134. TEXTBOOK INFORMATION. 

‘‘(a) PURPOSE AND INTENT.—The purpose of this section is to ensure that every 

student in higher education is offered better and more timely access to affordable 

course materials by educating and informing faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers on all aspects 

of the selection, purchase, sale, and use of course materials. It is the intent of this 

section— 

‘‘(1) to have all involved parties work together to identify ways to decrease 

the cost of college textbooks and supplemental materials for students while protecting the academic freedom of faculty members to select high quality course 

materials for students; and 

‘‘(2) to encourage— 

‘‘(A) college textbook publishers and distributors to work with faculty to 

promote understanding of the cost to students of purchasing faculty selected textbooks, including the disclosure of prices and bundling practices; 

‘‘(B) college bookstores to work with faculty to review timelines and processes for ordering and stocking course materials, and to disclose costs to 

faculty and students in a timely manner; 


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‘‘(C) institutions of higher education to implement numerous options to 

address college textbook affordability; 

‘‘(D) institutions of higher education to work with student organizations 

to help students understand the factors driving textbook costs and available 

methods and resources to mitigate the effects of those costs; and 

‘‘(E) innovation in the development and use of course materials (including 

course materials utilizing the principles of universal design) and technologies that can help students receive the full value of their educational 

investment. 

‘‘(b) DEFINITIONS.—In this section: 

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

supplemental learning 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. 

‘‘(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 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 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. 

‘‘(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, 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, which— 

‘‘(A) may include printed materials, computer disks, website access, and 

electronically distributed materials; and 

‘‘(B) is not bound by third-party contractual agreements to be sold in 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 with information regarding a college textbook or supplemental material, the publisher shall include, with any 

such information and in writing, 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, such institution of higher education. 

‘‘(B) The copyright dates of all previous editions of such college textbook, 

if any. 

‘‘(C) The substantial content revisions made between the current edition 

of the college textbook or supplemental material and the previous edition, 

if any. 

‘‘(D) Whether the college textbook or supplemental material is available 

in any other format, including paperback and unbound, and 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. 

‘‘(2) UNBUNDLING OF COLLEGE TEXTBOOKS FROM SUPPLEMENTAL 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. 


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‘‘(3) CUSTOM TEXTBOOKS.—To the maximum extent practicable, publishers 

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.— 

‘‘(1) INTERNET COURSE SCHEDULES.—Each institution of higher education, to 

the maximum extent practicable, shall— 

‘‘(A) disclose the International Standard Book Number and retail price information of required and recommended textbooks, related materials, and 

supplies for each course listed in the institution’s course schedule used for 

pre-registration and registration purposes; 

‘‘(B) if the International Standard Book Number is not available for the 

items listed in subparagraph (A), use the author, title, publisher, and copyright date; and 

‘‘(C) if the institution determines that the disclosure of the information 

described in the preceding subparagraphs for a course is not practicable for 

a textbook, related material, or supply, then it should so indicate by placing 

the designation ‘To Be Determined’ in lieu of the information required 

under such subparagraphs. 

‘‘(2) WRITTEN COURSE SCHEDULES.—In the case of an institution of higher education that does not publish the institution’s course schedule for the subsequent 

academic period on the Internet, the institution of higher education shall include the information required under paragraph (1) in any printed version of 

the institution’s course schedule as it is available at the time of the course 

schedule’s printing. 

‘‘(e) AVAILABILITY OF INFORMATION FOR COLLEGE BOOKSTORES.—An institution of 

higher education shall make available, as soon as is practicable, upon the request 

of any 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) 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 and classroom materials. 

‘‘(g) EFFECTIVE DATE.—This section shall be effective on and after July 1, 2008.’’. 

SEC. 111. DATABASE OF STUDENT INFORMATION PROHIBITED. 

Part C of title I (20 U.S.C. 1015) is further amended by adding after section 134 

(as added by section 110 of this Act) the following new section: 

‘‘SEC. 135. DATABASE OF STUDENT INFORMATION PROHIBITED. 

‘‘(a) PROHIBITION.—Except as described in subsection (b), nothing in this Act shall 

be construed to authorize the Secretary to develop, implement, or maintain 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 is necessary for the operation of programs authorized by 

title II, IV, or VII, or data required to be collected by the Secretary under this Act 

(including section 133(g)), that were in use by the Secretary, directly or through a 

contractor, as of the day before the date of enactment of the College Opportunity 

and Affordability Act of 2007. 

‘‘(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. 112. INSTITUTION AND LENDER REPORTING AND DISCLOSURE REQUIREMENTS. 

Title I (20 U.S.C. 1001 et seq.) is amended by adding at the end the following: 


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‘‘PART E—LENDER AND INSTITUTION REQUIREMENTS 

RELATING TO EDUCATIONAL LOANS 

‘‘SEC. 151. DEFINITIONS. 

‘‘In this part: 

‘‘(1) COVERED INSTITUTION.—The term ‘covered institution’— 

‘‘(A) means any educational institution that— 

‘‘(i) offers a postsecondary educational degree, certificate, or program 

of study (including any institution of higher education, as such term is 

defined in section 102); and 

‘‘(ii) receives any Federal funding or assistance; and 

‘‘(B) includes an authorized agent of the educational institution (including 

an alumni association, booster club, or other organization directly or indirectly authorized by such institution) or an employee of such institution. 

‘‘(2) EDUCATIONAL LOAN.—The term ‘educational loan’ (except when used as 

part of the term ‘private educational loan’) means— 

‘‘(A) any loan made, insured, or guaranteed under title IV; or 

‘‘(B) a private educational loan (as defined in paragraph (6)). 

‘‘(3) PREFERRED LENDER ARRANGEMENT.—The term ‘preferred lender arrangement’— 

‘‘(A) means an arrangement or agreement between a lender and a covered 

institution— 

‘‘(i) under which arrangement or agreement a lender provides or otherwise issues educational loans to the students attending the covered 

institution or the parents of such students; and 

‘‘(ii) which arrangement or agreement relates to the covered institution recommending, promoting, or endorsing the educational loan product of the lender; and 

‘‘(B) does not include— 

‘‘(i) arrangements or agreements with respect to loans under parts D 

or E of title IV; or 

‘‘(ii) arrangements or agreements with respect to loans under section 

499(b). 

‘‘(4) LENDER.— ‘‘(A) IN GENERAL.—The term ‘lender’— 

‘‘(i) means a creditor, except that such term shall not include an 

issuer of credit secured by a dwelling or under an open end credit plan; 

and 

‘‘(ii) includes an agent of a lender. 

‘‘(B) INCORPORATION OF TILA DEFINITIONS.—The terms ‘creditor’, ‘dwelling’, and ‘open end credit plan’ have the meanings given such terms in section 103 of the Truth in Lending Act (15 U.S.C. 1602). 

‘‘(5) OFFICER.—The term ‘officer’ includes a director or trustee of a covered institution, if such individual is treated as an employee of the covered institution. 

‘‘(6) PRIVATE EDUCATIONAL LOAN.—The term ‘private educational loan’ means 

a private loan provided by a lender that— 

‘‘(A) is not made, insured, or guaranteed under title IV; and 

‘‘(B) 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. 

‘‘(7) POSTSECONDARY EDUCATIONAL EXPENSES.—The term ‘postsecondary educational expenses’ means any of the expenses that are included as part of a student’s cost of attendance, as defined under section 472. 

‘‘SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS PARTICIPATING IN PREFERRED 

LENDER ARRANGEMENTS. 

‘‘(a) CERTIFICATION BY LENDERS.—In addition to any other disclosure required 

under Federal law, each lender under part B of title IV that participates in one or 

more preferred lender arrangements shall annually certify its compliance with the 

requirements of this Act. Such compliance of such preferred lender arrangement 

shall be reported on and attested to annually by the auditor of such lender in the 

audit conducted pursuant to section 428(b)(1)(U)(iii). 

‘‘(b) USE OF INSTITUTION NAME.— 

‘‘(1) IN GENERAL.—A covered institution that has entered into a preferred 

lender arrangement with a lender regarding private educational loans shall not 

agree to the lender’s use of the name, emblem, mascot, or logo of the institution, 

or other words, pictures, or symbols readily identified with the institution, in 

the marketing of private educational loans to the students attending the instituVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00022 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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tion in any way that implies that the institution endorses the private educational loans offered by the lender. 

‘‘(2) APPLICABILITY.—Paragraph (1) shall apply to any preferred lender arrangement, or extension of such arrangement, entered into or renewed after the 

date of enactment of the College Opportunity and Affordability Act of 2007. 

‘‘SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS PARTICIPATING IN 

PREFERRED LENDER ARRANGEMENTS. 

‘‘(a) DUTIES OF THE SECRETARY.— 

‘‘(1) REPORT AND MODEL FORMAT.—Not later than 180 days after the date of 

enactment of the College Opportunity and Affordability Act of 2007, the Secretary shall— 

‘‘(A) prepare a report on the adequacy of the information provided to students and the parents of such students about educational loans, after consulting with students, representatives of covered institutions (including financial aid administrators, registrars, and business officers), lenders, loan 

servicers, and guaranty agencies; 

‘‘(B) develop and prescribe by regulation a model disclosure form to be 

used by lenders and covered institutions in carrying out subsections (b) and 

(c) that— 

‘‘(i) will be easy for students and parents to read and understand; 

‘‘(ii) will be easily usable by lenders, institutions, guaranty agencies, 

and loan servicers; 

‘‘(iii) will provide students and parents with the relevant, meaningful, 

and standard information about the terms and conditions for both Federal and private educational loans; 

‘‘(iv) is based on the report’s findings and developed in consultation 

with— 

‘‘(I) students; 

‘‘(II) representatives of covered institutions, including financial 

aid administrators, registrars, business officers, and student affairs 

officials; 

‘‘(III) lenders; 

‘‘(IV) loan servicers; 

‘‘(V) guaranty agencies; and 

‘‘(VI) with respect to the requirements of clause (vi) concerning 

private educational loans, the Board of Governors of the Federal 

Reserve System; 

‘‘(v) provides information on the applicable interest rates and other 

terms and conditions of the educational loans provided by a lender to 

students attending the institution, or the parents of such students, 

disaggregated by each type of educational loan (including opportunity 

pools as defined in section 155(f)) provided to such students or parents 

by the lender, including— 

‘‘(I) the rate of interest, or the potential range of rates of interest, 

applicable to the loan, and whether such rates are fixed or variable; 

‘‘(II) limitations, if any, on interest rate adjustments, both in 

terms of frequency and amount, or lack thereof; 

‘‘(III) co-borrower requirements, including changes in interest 

rates; 

‘‘(IV) any fees associated with the loan; 

‘‘(V) the repayment terms available on the loan; 

‘‘(VI) the opportunity for deferment or forbearance in repayment 

of the loan, including whether the loan payments can be deferred 

if the student is in school; 

‘‘(VII) any additional terms and conditions applied to the loan, 

including any benefits that are contingent on the repayment behavior of the borrower; 

‘‘(VIII) 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); 

‘‘(IX) an example of the total cost of the educational loan over the 

life of the loan which shall be calculated— 

‘‘(aa) using a principal amount and the maximum rate of interest actually offered by the lender; and 

‘‘(bb) both with and without capitalization of interest, if that 

is an option for postponing interest payments; 


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‘‘(X) the consequences for the borrower of defaulting on a loan, 

including any limitations on the discharge of an educational loan 

in bankruptcy; 

‘‘(XI) contact information for the lender; and 

‘‘(XII) any philanthropic contributions made by the lender to the 

covered institution, including the purpose of the contribution and 

any conditions related to its use; and 

‘‘(vi) provides, in addition, with respect to private educational loans, 

the following information with respect to loans made by each lender 

recommended by the covered institution: 

‘‘(I) the method of determining the interest rate of the loan; 

‘‘(II) potential finance charges, late fees, penalties, and adjustments to principal, based on defaults or late payments of the borrower; and 

‘‘(III) such other information as the Secretary may require; and 

‘‘(C)(i) submit the report and model disclosure form to the authorizing 

committees; and 

‘‘(ii) make the report and model disclosure form available to covered institutions, lenders, and the public. 

‘‘(2) MODEL FORM UPDATE.—Not later than 1 year after the submission of the 

report and model disclosure form described in paragraph (1)(B), the Secretary 

shall— 

‘‘(A) assess the adequacy of the model disclosure form; 

‘‘(B) after consulting with students, representatives of covered institutions 

(including financial aid administrators, registrars, business officers, and 

student affairs officials), lenders, loan servicers, guaranty agencies, and the 

Board of Governors of the Federal Reserve System— 

‘‘(i) prepare a list of any improvements to the model disclosure form 

that have been identified as beneficial to borrowers; and 

‘‘(ii) update the model disclosure form after taking such improvements into consideration; and 

‘‘(C)(i) submit the list of improvements and updated model disclosure 

form to the authorizing committees; and 

‘‘(ii) make the updated model disclosure form available to covered institutions, lenders, and the public. 

‘‘(3) USE OF FORM.—The Secretary shall take such steps as necessary to make 

the model disclosure form, and the updated model disclosure form, available to 

covered institutions and to encourage— 

‘‘(A) lenders subject to subsection (b) to use the model disclosure form or 

updated model disclosure form (if available) in providing the information required under subsection (b); and 

‘‘(B) covered institutions to use such format in preparing the information 

reported under subsection (c). 

‘‘(4) PROCEDURES.—Sections 482(c) and 492 of this Act shall not apply to the 

model disclosure form prescribed under paragraph (1)(B), but shall apply to the 

updating of such form under paragraph (2). 

‘‘(b) LENDER DUTIES.—Each lender that has a preferred lender arrangement with 

a covered institution shall, by August 1 of each year, provide to the covered institution and to the Secretary the information included on the model disclosure form or 

an updated model disclosure form (if available) for each type of educational loan (including opportunity pools as defined in section 155(f)) to be offered by the lender 

to students attending the covered institution, or the parents of such students, for 

the forthcoming academic year. 

‘‘(c) COVERED INSTITUTION REPORTS.—Each covered institution shall— 

‘‘(1) prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has a preferred lender arrangement with the covered institution and that has submitted to the institution the information required under subsection (b)— 

‘‘(A) the information included on the model disclosure form or updated 

model disclosure form (if available) for each type of educational loan provided by the lender to students attending the covered institution, or the 

parents of such students; and 

‘‘(B) a detailed explanation of why the covered institution believes the 

terms and conditions of each type of educational loan provided pursuant to 

the agreement are beneficial for students attending the covered institution, 

or the parents of such students; and 

‘‘(2) ensure that the report required under paragraph (1) is made available 

to the public and provided to students attending or planning to attend the covered institution, and the parents of such students, in time for the student or 


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parent to take such information into account before applying for or selecting an 

educational loan. 

‘‘(d) DISCLOSURES BY COVERED INSTITUTIONS.—A covered institution shall disclose, 

on its website and in the informational materials described in subsection (e)— 

‘‘(1) a statement that— 

‘‘(A) indicates that students are not limited to or required to use the lenders the institution recommends; and 

‘‘(B) the institution is required to process the documents required to obtain a Federal educational loan from any eligible lender the student selects; 

‘‘(2) at a minimum, all of the information provided by the model disclosure 

form prescribed under subsection (a)(1)(B), or updated model disclosure form (if 

available), with respect to any lender recommended by the institution for Federal educational loans and, as applicable, private educational loans (including 

opportunity pools as defined in section 155(f)); 

‘‘(3) the maximum amount of Federal grant and loan aid available to students 

in an easy-to-understand format; and 

‘‘(4) the institution’s cost of attendance (as determined under section 472). 

‘‘(e) INFORMATIONAL MATERIALS.—The informational materials described in this 

subsection are publications, mailings, or electronic messages or media distributed to 

prospective or current students and parents of students that describe or discuss the 

financial aid opportunities available to students at an institution of higher education. 

‘‘SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLOSURE REQUIREMENTS FOR COVERED INSTITUTIONS. 

‘‘A covered institution that provides information to any student, or the parent of 

such student, regarding a private educational loan from a lender shall, prior to or 

concurrent with such information— 

‘‘(1) inform the student or parent of— 

‘‘(A) the student or parent’s eligibility for assistance and loans under title 

IV; and 

‘‘(B) the terms and conditions of such private educational loan that may 

be less favorable than the terms and conditions of educational loans for 

which the student or parent is eligible, including interest rates, repayment 

options, and loan forgiveness; and 

‘‘(2) ensure that information regarding such private educational loan is presented in such a manner as to be distinct from information regarding loans that 

are made, insured, or guaranteed under title IV. 

‘‘SEC. 155. INTEGRITY PROVISIONS. 

‘‘(a) INSTITUTION CODE OF CONDUCT REQUIRED.— 

‘‘(1) CODE OF CONDUCT.—Each institution of higher education that participates in the Federal student loan programs under title IV or has students that 

obtain private educational loans shall— 

‘‘(A) develop a code of conduct in accordance with paragraph (2) with 

which its officers, employees, and agents shall comply with respect to educational loans; 

‘‘(B) publish the code of conduct prominently on its website; and 

‘‘(C) administer and enforce such code in accordance with the requirements of this subsection. 

‘‘(2) CONTENTS OF CODE.—The code required by this section shall— 

‘‘(A) prohibit a conflict of interest with the responsibilities of such officer, 

employee, or agent with respect to educational loans; and 

‘‘(B) at a minimum, include provisions in compliance with the provisions 

of the following subsections of this section. 

‘‘(3) TRAINING AND COMPLIANCE.—An institution of higher education shall administer and enforce a code of conduct required by this section by, at a minimum, requiring all of its officers, employees, and agents with responsibilities 

with respect to educational loans to obtain training annually in compliance with 

the code. 

‘‘(b) GIFT BAN.— 

‘‘(1) PROHIBITION.—No officer, employee, or agent of a covered institution who 

is employed in the financial aid office of the institution, or who otherwise has 

responsibilities with respect to educational loans, shall solicit or accept any gift 

from a lender, guarantor, or servicer of educational loans. 

‘‘(2) INSPECTOR GENERAL REPORT.—The Inspector General of the Department 

of Education shall investigate any reported violation of this subsection and shall 

annually submit a report to the authorizing committees identifying all substantiated violations of the gift ban under paragraph (1), including the lenders and 

covered institutions involved in each such violation, for the preceding year. 


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‘‘(3) DEFINITION OF GIFT.— ‘‘(A) IN GENERAL.—In this subsection, 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. 

‘‘(B) EXCEPTIONS.—The term ‘gift’ shall not include any of the following: 

‘‘(i) Standard informational material related to a loan or financial literacy, such as a brochure. 

‘‘(ii) Food, refreshments, training, or informational material furnished 

to an officer, employee, or agent of an institution as an integral part 

of a training session that is designed to improve the service of a lender, 

guarantor, or servicer of educational loans to the covered institution, if 

such training contributes to the professional development of the officer, 

employee, or agent of the institution. 

‘‘(iii) Favorable terms, conditions, and borrower benefits on an educational loan provided to a student employed by the covered institution 

if such terms, conditions, or benefits are comparable to those provided 

to all students of the institution. 

‘‘(iv) Exit counseling services provided to borrowers to meet a covered 

institution’s responsibilities for exit counseling as required by section 

485(b) provided that— 

‘‘(I) a covered institution’s staff are in control of the counseling 

(whether in person or via electronic capabilities); and 

‘‘(II) such counseling does not promote the products or services 

of any lender. 

‘‘(v) Philanthropic contributions to a covered institution from a lender, guarantor, or servicer of educational loans that are unrelated to 

educational loans, provided, as applicable, that such contributions are 

disclosed pursuant to section 153(a)(1) and section 153(a)(2). 

‘‘(C) RULE FOR GIFTS TO FAMILY MEMBERS.—For purposes of this section, 

a gift to a family member of an officer, employee, or agent of a covered institution, or a gift 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. 

‘‘(c) CONTRACTING ARRANGEMENTS PROHIBITED.— 

‘‘(1) PROHIBITION.—An officer, employee, or agent who is employed in the financial aid office of a covered institution, or who otherwise has responsibilities 

with respect to educational loans, shall not accept from any lender or affiliate 

of any lender (as the term affiliate is defined in section 487(a)) any fee, payment, or other financial benefit (including the opportunity to purchase stock) as 

compensation for any type of consulting arrangement or other contract to provide services to a lender or on behalf of a lender. 

‘‘(2) EXCEPTIONS.—Nothing in this subsection shall be construed as prohibiting— 

‘‘(A) an officer, employee, or agent of a covered institution who is not employed in the institution’s financial aid office, or who does not otherwise 

have responsibilities with respect to educational loans, from paid or unpaid 

service on a board of directors of a lender, guarantor, or servicer of educational loans; 

‘‘(B) an officer, employee, or agent of a covered institution who is not employed in the financial aid office but who has responsibility with respect to 

educational loans as a result of a position held at the covered institution, 

from paid or unpaid service on a board of directors of a lender, guarantor, 

or servicer of educational loans, provided that the covered institution has 

a written conflict of interest policy that clearly sets forth that such an officer, employee, or agent must be recused from participating in any decision 

of the board with respect to any transaction regarding educational loans; 

or 

‘‘(C) an officer, employee, or agent of a lender, guarantor, or servicer of 

educational loans from serving on a board of directors or serving as a trustee of a covered institution, provided that the covered institution has a written conflict of interest policy that clearly sets forth the procedures to be followed in instances where such a board member’s or trustee’s personal or 


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business interests with respect to educational loans may be advanced by an 

action of the board of directors or trustees, including a provision that such 

a board member or trustee may not participate in any decision to approve 

any transaction where such conflicting interests may be advanced. 

‘‘(d) BAN ON REVENUE SHARING ARRANGEMENTS.— 

‘‘(1) PROHIBITION.—A covered institution shall not enter into any revenue 

sharing arrangement with any lender. 

‘‘(2) DEFINITION.—For purposes of this subsection, a revenue sharing arrangement is an arrangement between a covered institution and a lender under 

which— 

‘‘(A) a lender provides or issues educational loans to students attending 

the institution or to parents of such students; and 

‘‘(B)(i) the institution recommends the lender or the loan products of the 

lender; and 

‘‘(ii) in exchange, the lender pays a fee or provides other material benefits, including revenue or profit sharing, to the institution or officers, employees, or agents of the institution. 

‘‘(e) BAN ON STAFFING ASSISTANCE.— 

‘‘(1) PROHIBITION.—A covered institution shall not request or accept from any 

lender any assistance with call center staffing or financial aid office staffing. 

‘‘(2) CERTAIN ASSISTANCE PERMITTED.—Nothing in paragraph (1) shall be construed to prohibit a covered institution from requesting or accepting assistance 

from a lender related to— 

‘‘(A) professional development training for financial aid administrators; 

‘‘(B) 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 

‘‘(C) staffing services on a short-term, non-recurring 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. 

‘‘(f) PROHIBITION ON OFFERS OF FUNDS FOR PRIVATE LOANS.— 

‘‘(1) PROHIBITION.—A covered institution shall not request or accept from any 

lender any offer of funds, including any opportunity pool, to be used for private 

educational loans to students in exchange for the covered institution providing 

concessions or promises to the lender with respect to such institution providing 

the lender with a specified number of loans, a specified loan volume, or a preferred lender arrangement for any loan made, insured, or guaranteed under 

title IV, and a lender shall not make any such offer. 

‘‘(2) DEFINITION.—In this subsection, the term ‘opportunity pool’ means an 

educational loan made by a private lender to a student attending the covered 

institution or the parent of such a student that is in any manner guaranteed 

by a covered institution, or that involves a payment, directly or indirectly, by 

such an institution of points, premiums, payments, additional interest, or other 

financial support to such lender for the purpose of such lender extending credit 

to either the students or the parents of students of the institution. 

‘‘(g) BAN ON PARTICIPATION ON ADVISORY COUNCILS.—An officer, employee, or 

agent who is employed in the financial aid office of a covered institution, or who 

otherwise has responsibilities with respect to educational loans, shall not serve on 

or otherwise participate with advisory councils of lenders or affiliates of lenders. 

Nothing in this subsection shall prohibit lenders from seeking advice from covered 

institutions or groups of covered institutions (including through telephonic or electronic means, or a meeting) in order to improve products and services for borrowers, 

provided there are no gifts or compensation (including for transportation, lodging, 

or related expenses) provided by lenders in connection with seeking this advice from 

such institutions. Nothing in this subsection shall prohibit an officer, employee, or 

agent of a covered institution from serving on the board of directors of a lender if 

required by State law. 

‘‘SEC. 156. COMPLIANCE AND ENFORCEMENT. 

‘‘(a) CONDITION OF ANY FEDERAL ASSISTANCE.—Notwithstanding any other provision of law, a covered institution or lender shall comply with this part as a condition 

of receiving Federal funds or assistance provided after the date of enactment of the 

College Opportunity and Affordability Act of 2007. 

‘‘(b) PENALTIES.—Notwithstanding any other provision of law, if the Secretary determines, after providing notice and an opportunity for a hearing for a covered institution or lender, that the covered institution or lender has violated subsection (a)— 


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‘‘(1) in the case of a covered institution, or a lender that does not participate 

in a loan program under title IV, the Secretary may impose a civil penalty in 

an amount of not more than $25,000; and 

‘‘(2) in the case of a lender that does participate in a program under title IV, 

the Secretary may limit, terminate, or suspend the lender’s participation in 

such program. 

‘‘(c) CONSIDERATIONS.—In taking any action against a covered institution or lender 

under subsection (b), the Secretary shall take into consideration the nature and severity of the violation of subsection (a). 

‘‘SEC. 157. STUDENT LOAN COUNSELING. 

‘‘(a) BORROWER CONTACT.— 

‘‘(1) FFEL LOANS.—Each holder of a loan under part B of title IV shall contact 

the borrower each year after five years has passed from the date that a borrower first selected either a graduated, extended, income sensitive, or income 

contingent repayment plan to ascertain if the borrower is able to select a repayment plan with a shorter repayment period that would reduce the total interest 

paid on the borrower’s loan or loans under this part. 

‘‘(2) DIRECT LOANS.—The Secretary shall contact the borrower of each loan 

under part D or E of title IV each year after five years has passed from the 

date that a borrower first selected either an extended, graduated, income contingent, or alternative repayment plan to ascertain if the borrower is able to select a repayment plan for a shorter repayment period that would reduce the 

total interest paid on the borrower’s loan under this part. 

‘‘(b) REQUIRED DISCLOSURE BEFORE DISBURSEMENT.— 

‘‘(1) DISCLOSURES BEFORE REPAYMENT.—Each lender of a loan under part B 

of title IV, and the Secretary with respect to each loan under part D or E of 

such title, shall provide to the borrower before repayment begins an explanation 

of principal to be borrowed, current balance, interest already paid, and interest 

due over the life of the loan, options by which borrowers may avoid or be removed from default, relevant fees associated with these options, and repayment 

options available to the borrower entering repayment, including income contingent repayment and income-based repayment. 

‘‘(2) DISCLOSURES DURING REPAYMENT.—Each lender of a loan under part B 

of title IV, and the Secretary with respect to each loan under part D or E of 

such title, shall provide to the borrower during repayment an explanation of 

principal borrowed, current balance, interest already paid and interest due over 

the life of the loan, options by which borrowers may avoid or be removed from 

default, relevant fees associated with these options, and repayment options 

available to the borrower entering repayment, including income contingent repayment and income-based repayment. Each such lender and the Secretary 

shall also notify any borrower who tells the lender or the Secretary that the borrower is having difficulty making payments of the repayment options available, 

including forbearance. Each such lender and the Secretary shall make an explanation of repayment options available to the borrower, including income contingent repayment and forbearance, before the loan is disbursed, before repayment, and during repayment if the borrower notifies the lender or the Secretary 

that the borrower is having difficulty making payments. 

‘‘(c) INSTITUTIONAL COUNSELING.— 

‘‘(1) IN GENERAL.—Each institution of higher education shall, through financial aid officers or otherwise, make available counseling to borrowers of loans 

which are made, insured, or guaranteed under part B (other than loans made 

pursuant to section 428B) of this title or made under part D or E of this title 

prior to their signing the first promissory note. The counseling shall include— 

‘‘(A) average indebtedness of borrowers at that school, to be supplied by 

the Secretary; 

‘‘(B) sample monthly repayment amounts based on a range of student levels of indebtedness and on the average indebtedness of Stafford loan borrowers at the same school or in the same program of study at the same 

school; 

‘‘(C) data to be supplied by the Secretary on starting salaries for graduates of institutions by type and control of institution, and field of study; 

‘‘(D) repayment options available to the borrower when entering repayment, including income contingent repayment and income-based repayment; 

‘‘(E) detail to be supplied by the Secretary on how interest accrues and 

is capitalized during periods when it is not being paid by either the borrower or the Secretary; and 

‘‘(F) the likely consequences of default, including adverse credit reports, 

Federal offset, and litigation. 


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‘‘(2) USE OF ELECTRONIC MEANS.—If initial counseling is conducted through 

interactive electronic means, the institution of higher education shall take reasonable steps to ensure that each student borrower receives the counseling materials, and participates in and completes the initial counseling. 

‘‘(d) DEPARTMENT OF EDUCATION INFORMATION DISCLOSURE AND TECHNICAL ASSISTANCE.— 

‘‘(1) OBLIGATION.—The Secretary shall display on the Department of Education website and provide to colleges and universities the following information 

to be used for counseling and consumer information for prospective borrowers: 

‘‘(A) Regional data on starting salaries in all major fields. 

‘‘(B) The increase in debt that results from forbearance on all loans and 

from capitalization of interest on unsubsidized loans. 

‘‘(C) The various repayment options available in the Federal student loan 

programs, including the availability of the income contingent repayment 

(ICR) program and the income-based repayment programs (IBR). 

‘‘(D) The Federal Government’s powers to collect student loans, even 

when student borrowers are in bankruptcy. 

‘‘(2) PUBLICITY.—The Secretary shall make the location of the information 

under paragraph (1) widely known among the public, institutions, and lenders, 

and promote the use of such information by prospective students, enrolled students, and borrowers after entering repayment.’’. 

SEC. 113. FEASIBILITY STUDY FOR NATIONAL ELECTRONIC STUDENT LOAN MARKETPLACE. 

(a) STUDY REQUIRED.—The Secretary of Education shall conduct a study of the 

feasibility of developing a National Electronic Student Loan Marketplace 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) and 

private educational loans (as defined in section 151 such Act of 1965 (as amended by this 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) Means by which lenders that participate in such marketplace would be 

bound to honor advertised rates or benefits. 

(3) A mechanism whereby borrowers and student financial aid officials could 

publicly post or otherwise make available for users accessing the system their 

comments, opinions, or ratings concerning their experience as to the quality of 

lenders’ loan products and loan servicing and other measurements or indicators 

of customer satisfaction. 

(4) 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 credit reporting agencies. 

(5) Options concerning the establishment and ongoing maintenance of such a 

system, including whether such a system should be operated by one or more 

nonprofit or for-profit entities, how these entities should structure or organize 

such a system in order to provide the highest assurance of independence from, 

and the absence of any conflicting interest with, lenders participating in such 

a system, and methods to finance such a system at no or minimal cost to consumers and the Government. 

(6) Other features that the Secretary determines could help prospective borrowers make informed decisions in selecting lenders from whom to obtain Federal and private educational loans. 

(b) CONSULTATION.—In conducting the study required by this section, the Secretary of Education shall consult with— 

(1) the Federal Trade Commission; 

(2) representatives of student loan borrowers; 

(3) representatives from institutions of higher education, including financial 

aid administrators, registrars, business officers, and student affairs officials; 

(4) Federal and private education loan lenders, loan servicers, and guaranty 

agencies; and 

(5) 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.). 

(c) REPORT.—Not later than 6 months after completion of the model interest rate 

report format required under section 153(a)(1) of the Higher Education Act of 1965 

(as amended by this Act), the Secretary of Education shall submit a report to the 

authorizing committees (as defined in section 103 of such Act) concerning the findVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00029 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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ings of the feasibility study together with an assessment of the advantages and disadvantages for consumers, institutions of higher education, lenders, and the Government of establishing such a system. 

TITLE II—TITLE II REVISION 

SEC. 201. REVISION OF TITLE II. 

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

‘‘TITLE II—TEACHER QUALITY ENHANCEMENT 

‘‘SEC. 200. DEFINITIONS. 

‘‘For purposes of 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 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter 

areas in which teachers provide instruction; and 

‘‘(B) when referring to a specific academic subject area, the disciplines or 

content areas in which academic majors are offered by the arts and sciences 

organizational unit. 

‘‘(2) CHILDREN FROM LOW-INCOME FAMILIES.—The term ‘children from low-income families’ means children as described in section 1124(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 EDUCATION PROGRAM.—The term ‘early childhood education program’ means— 

‘‘(A) a Head Start program or an Early Head Start program carried out 

under the Head Start Act (42 U.S.C. 9831 et seq.); 

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

‘‘(C) a State prekindergarten program that serves children from birth 

through kindergarten and that addresses the children’s cognitive (including 

language, early literacy, and pre-numeracy), social, emotional, and physical 

development. 

‘‘(5) EARLY CHILDHOOD EDUCATOR.—The term ‘early childhood educator’ 

means an individual with primary responsibility for the education of children 

in an early childhood education program. 

‘‘(6) EDUCATIONAL SERVICE AGENCY.—The term ‘educational service agency’ 

has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. 

‘‘(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—The term ‘essential 

components of reading instruction’ has the meaning given such term in section 

1208 of the Elementary and Secondary Education Act of 1965. 

‘‘(8) EXEMPLARY TEACHER.—The term ‘exemplary teacher’ has the meaning 

given such term in section 9101 of the Elementary and Secondary Education 

Act of 1965. 

‘‘(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; 

or 

‘‘(iii) with a total of less than 600 students in average daily attendance 

at the schools that are served by the agency, and all of the schools that are 

served by the agency are designated with a school locale code of Rural: 

Fringe, Rural: Distant, or Rural: Remote, as determined by the Secretary; 

and 

‘‘(B)(i) for which there is a high percentage of teachers not teaching in 

the academic subject areas or grade levels in which the teachers were 

trained to teach; or 


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‘‘(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.—Notwithstanding section 103, the term ‘high-need 

school’ means a public elementary school or public secondary school that— 

‘‘(A) is among the highest 25 percent of schools served by the local educational agency that serves the school, in terms of the percentage of students from families with incomes below the poverty line; or 

‘‘(B) is designated with a school locale code of Rural: Fringe, Rural: Distant, or Rural: Remote, as determined by the Secretary. 

‘‘(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 

‘‘(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) LITERACY COACH.—The term ‘literacy coach’ means an individual— 

‘‘(A) who— 

‘‘(i) has teaching experience and a master’s degree with a concentration in reading and writing education; and 

‘‘(ii) has demonstrated proficiency (as determined by the principal of 

the individual’s school) in teaching reading and writing in a content 

area such as math, science, or social studies; 

‘‘(B) whose primary role with teachers and school personnel is— 

‘‘(i) to provide high-quality professional development opportunities for 

teachers and school personnel related to literacy; 

‘‘(ii) with respect to the areas of reading and writing, to collaborate 

with paraprofessionals, teachers, principals, and other administrators, 

and the community served by the school; and 

‘‘(iii) to work cooperatively and collaboratively with other professionals in planning programs to meet the needs of diverse population 

learners, including children with disabilities and limited English proficient individuals; and 

‘‘(C) who may provide students with— 

‘‘(i) reading or writing diagnosis and instruction; and 

‘‘(ii) reading and writing assessment, including assessment in cooperation with other professionals (such as special education teachers, 

speech and language teachers, and school psychologists). 

‘‘(15) 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. 

‘‘(16) PROFESSIONAL DEVELOPMENT.—The term ‘professional development’ has 

the meaning given the term in section 9101 of the Elementary and Secondary 

Education Act of 1965. 

‘‘(17) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientifically valid research’ includes applied research, basic research, and field-initiated research in 

which the rationale, design, and interpretation are soundly developed in accordance with accepted principles of scientific research. 

‘‘(18) TEACHING SKILLS.—The term ‘teaching skills’ means skills that enable 

a teacher to— 

‘‘(A) increase student learning, achievement, and the ability to apply 

knowledge; 

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

‘‘(C) employ strategies grounded in the disciplines of teaching and learning that— 

‘‘(i) are based on empirically based practice and scientifically valid research, where applicable, 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 


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English proficient, students who are gifted and talented, and students 

with low literacy levels, and the tailoring of academic instruction to 

such needs; 

‘‘(D) conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, 

project-based assessments, or portfolio assessments, that measure higherorder thinking skills, including application, analysis, synthesis, and evaluation; 

‘‘(E) effectively manage a classroom, including the ability to implement 

positive behavioral intervention support strategies; 

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

‘‘(G) use, in the case of an early childhood educator, age-appropriate and 

developmentally appropriate strategies and practices for children in early 

education programs. 

‘‘SEC. 200A. 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, including the right of employees of local educational agencies to engage in collective bargaining with their employers. 

‘‘PART A—TEACHER QUALITY PARTNERSHIP GRANTS 

‘‘SEC. 201. PURPOSES; DEFINITIONS. 

‘‘(a) PURPOSES.—The purposes of this part are to— 

‘‘(1) improve student achievement; 

‘‘(2) improve the quality of the current and future teaching force by improving 

the preparation of prospective teachers and enhancing professional development 

activities; 

‘‘(3) hold 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. 

‘‘(b) DEFINITIONS.—In this part: 

‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means an entity 

that— 

‘‘(A) shall include— 

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

‘‘(ii) a high-need school or a consortium of high-need schools served 

by the high-need local educational agency or, as applicable, a high-need 

early childhood education program; 

‘‘(iii) a partner institution; 

‘‘(iv) a school, department, or program of education within such partner institution or a teacher professional development program within 

such partner institution; and 

‘‘(v) a school or department of arts and sciences within such partner 

institution; and 

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

‘‘(i) The Governor of the State. 

‘‘(ii) The State educational agency. 

‘‘(iii) The State board of education. 

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

‘‘(v) A business. 

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

‘‘(vii) An educational service agency. 

‘‘(viii) A teacher organization. 

‘‘(ix) A high-performing local educational agency, or a consortium of 

such local educational agencies, that can serve as a resource to the 

partnership. 

‘‘(x) A charter school (as defined in section 5210 of the Elementary 

and Secondary Education Act of 1965). 

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


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‘‘(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. 

‘‘(2) INDUCTION PROGRAM.—The term ‘induction program’ means a formalized 

program for new teachers during not less than the teachers’ first 2 years of 

teaching that is designed to provide support for, and improve the professional 

performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching skills and shall include the 

following components: 

‘‘(A) High-quality teacher mentoring. 

‘‘(B) Periodic, structured time for collaboration with mentor teachers in 

the same department or field, as well as time for information-sharing 

among teachers, principals, administrators, and participating faculty in the 

partner institution. 

‘‘(C) The application of empirically based practice and scientifically valid 

research on instructional practices. 

‘‘(D) Opportunities for new teachers to draw directly upon the expertise 

of teacher mentors, faculty, and researchers to support the integration of 

empirically based practice and scientifically valid research with practice. 

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

‘‘(F) Faculty who— 

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

and 

‘‘(ii) assist new teachers with the effective use and integration of 

technology in the classroom. 

‘‘(G) Interdisciplinary collaboration among exemplary teachers, faculty, 

researchers, and other staff who prepare new teachers with respect to the 

learning process and the assessment of learning. 

‘‘(H) Assistance with the understanding of data, particularly student 

achievement data, and the data’s applicability in classroom instruction. 

‘‘(I) Structured and formal observation of new teachers, and feedback for 

such teachers, at least 4 times each school year by multiple evaluators, including master teachers and the principal, using valid and reliable benchmarks of teaching skills and standards developed with input from teachers. 

‘‘(3) PARTNER INSTITUTION.—The term ‘partner institution’ means an institution of higher education, which may include a 2-year institution of higher education offering a dual program with a 4-year institution of higher education, 

participating in an eligible partnership that has a teacher preparation program— 

‘‘(A) whose graduates exhibit strong performance on State-determined 

qualifying 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); and 

‘‘(II) using the State report card on teacher preparation required 

under section 205(b), after the first publication of such report card 

and for every year thereafter; or 

‘‘(B) that requires— 

‘‘(i) each student in the program to meet and demonstrate high academic standards (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. 


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‘‘(4) TEACHER MENTORING.—The term ‘teacher mentoring’ means the mentoring of new or prospective teachers through a new or established program 

that— 

‘‘(A) includes clear criteria for the selection of teacher mentors who will 

provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher effectiveness; 

‘‘(B) provides high-quality training for such mentors, including instructional strategies for literacy instruction and classroom management; 

‘‘(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; 

‘‘(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 

‘‘(ii) joint professional development opportunities. 

‘‘(5) TEACHING RESIDENCY PROGRAM.—The term ‘teaching residency program’ 

means a school-based teacher preparation program in which a prospective 

teacher— 

‘‘(A) for 1 academic year, teaches alongside a mentor teacher, who is the 

teacher of record; 

‘‘(B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which may include courses taught 

by local educational agency personnel or residency program faculty, in the 

teaching of the content area in which the teacher will become certified or 

licensed; 

‘‘(C) acquires effective teaching skills; and 

‘‘(D) prior to completion of the program, earns a master’s degree, attains 

full State teacher certification or licensure, and becomes highly qualified. 

‘‘SEC. 202. PARTNERSHIP GRANTS. 

‘‘(a) PROGRAM AUTHORIZED.—From amounts made available under section 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 all the partners in the eligible partnership with 

respect to the preparation, ongoing training, professional development, and retention, of general and special education teachers, principals, and, as applicable, 

early childhood educators; 

‘‘(2) a description of the extent to which the program prepares prospective and 

new teachers with strong teaching skills; 

‘‘(3) a description of how the program will prepare prospective and new teachers to use research and data to modify and improve instruction in the classroom; 

‘‘(4) a description of how the partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including those funded under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education 

Act, and through the National Science Foundation, and how the activities of the 

partnership will be consistent with State, local, and other education reform activities that promote student achievement; 

‘‘(5) a resource assessment that describes the resources available to the partnership, including— 


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

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

‘‘(C) the commitment of the resources of the partnership, including financial support, faculty participation, and time commitments, to the activities 

assisted under this section and to the continuation of the activities when 

the grant ends; 

‘‘(6) a description of— 

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

‘‘(B) how the partnership will carry out the activities required under subsection (d) or (e) based on the needs identified in paragraph (1), with the 

goal of improving student achievement; 

‘‘(C) the partnership’s evaluation plan under section 204(a); 

‘‘(D) how the partnership will align the teacher preparation program with 

the— 

‘‘(i) 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; 

‘‘(E) 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; 

‘‘(F) how the partnership will prepare general education and special education teachers to teach students with limited English proficiency; 

‘‘(G) how faculty at the partner institution will work, during the term of 

the grant, with highly qualified teachers in the classrooms of schools served 

by the high-need local educational agency in the partnership to provide 

high-quality professional development activities; 

‘‘(H) how the partnership will design, implement, or enhance a year-long, 

rigorous, and enriching teaching pre-service clinical program component; 

‘‘(I) how the partnership will support in-service professional development 

strategies and activities; and 

‘‘(J) how the partnership will collect, analyze, and use data on the retention of all teachers and early childhood educators in schools and early childhood programs located in the geographic area served by the partnership to 

evaluate the effectiveness of the partnership’s teacher and educator support 

system; and 

‘‘(7) with respect to the induction program required as part of the activities 

carried out under this section— 

‘‘(A) a description of how the teacher preparation program will design and 

implement an induction program to support all new teachers through not 

less than the first 2 years of teaching in the further development of the new 

teachers’ teaching skills, including the use of mentors who are trained and 

compensated by such program for the mentors’ work with new teachers; 

‘‘(B) a demonstration that the schools and departments within the institution of higher education that are part of the induction program have relevant and essential roles in the effective preparation of teachers, including 

content expertise and expertise in teaching; 

‘‘(C) a demonstration of the partnership’s capability and commitment to 

the use of empirically based practice and scientifically valid research related to teaching and learning, and the accessibility to and involvement of 

faculty; 

‘‘(D) a description of how faculty involved in the induction program will 

be able to substantially participate in an early childhood education program 

or an elementary or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation. 

‘‘(c) REQUIRED USE OF GRANT FUNDS.—An eligible partnership that receives a 

grant under this section shall use grant funds to carry out a program for the prebaccalaureate preparation of teachers under subsection (d), a teaching residency 

program under subsection (e), a leadership development program under subsection 

(f), or a combination of two or more such programs. 

‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCALAUREATE PREPARATION OF TEACHERS.— 

An eligible partnership that receives a grant to carry out an effective program for 

the pre-baccalaureate preparation of teachers shall carry out a program that includes all of the following: 

‘‘(1) REFORMS.— 


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‘‘(A) IN GENERAL.—Implementing reforms, described in subparagraph (B), 

within each teacher preparation program and, as applicable, each preparation program for early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for— 

‘‘(i) preparing— 

‘‘(I) current or prospective teachers to be highly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, teachers of students who are limited 

English proficient who may teach multiple subjects, and teachers 

who are qualified to teach Advanced Placement or International 

Baccalaureate courses); 

‘‘(II) such teachers and, as applicable, early childhood educators, 

to understand empirically based practice and scientifically valid research related to teaching and learning and its applicability, and 

to use technology effectively, including the use of instructional 

techniques and positive behavioral 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 the disciplines of teaching and learning so that 

all prospective teachers and, as applicable, early childhood educators— 

‘‘(I) can understand and implement research-based teaching practices in classroom-based instruction; 

‘‘(II) have knowledge of student learning methods; 

‘‘(III) possess skills to analyze student academic achievement 

data and other measures of student learning, and use such data 

and measures to improve instruction in the classroom; 

‘‘(IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable general 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 in the individualized education 

program process, as defined 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 new 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; 

‘‘(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 curriculum changes to prepare teachers 

to teach Advanced Placement or International Baccalaureate courses. 

‘‘(2) CLINICAL EXPERIENCE AND INTERACTION.—Developing and improving a 

sustained and high-quality pre-service clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early 


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childhood educators, involved in the program. Such program shall do the following: 

‘‘(A) Incorporate year-long opportunities for enrichment activity or a combination of activities, including— 

‘‘(i) clinical learning in classrooms in high-need schools served by the 

high-need local educational agency in the eligible partnership and identified by the eligible partnership; and 

‘‘(ii) closely supervised interaction between faculty and new and experienced teachers, principals, and other administrators at early childhood education programs (as applicable), elementary schools, or secondary schools, and providing support for such interaction. 

‘‘(B) Integrate pedagogy and classroom practice and promote effective 

teaching skills in academic content areas, which may include preparation 

for meeting the unique needs of teaching in rural communities. 

‘‘(C) Provide high-quality teacher mentoring. 

‘‘(D)(i) Be offered over the course of a program of teacher preparation; 

‘‘(ii) be tightly aligned with course work (and may be developed as a 5th 

year of a teacher preparation program); and 

‘‘(iii) where feasible, allow prospective teachers to learn to teach in the 

same school district in which the teachers will work, learning the instructional initiatives and curriculum of that district. 

‘‘(E) Provide support and training for those individuals participating in an 

activity for prospective teachers described in this paragraph or paragraph 

(1) or (3), and for those who serve as mentors for such teachers, based on 

each individual’s experience. Such support may include— 

‘‘(i) with respect to a prospective teacher or a mentor, release time 

for such individual’s participation; 

‘‘(ii) with respect to a faculty member, receiving course workload 

credit and compensation for time teaching in the eligible partnership’s 

activities; and 

‘‘(iii) with respect to a mentor, a stipend, which may include bonus, 

differential, incentive, or merit or performance-based pay. 

‘‘(3) INDUCTION PROGRAMS FOR NEW TEACHERS.—Creating an induction program for new teachers, or, in the case of an early childhood education program, 

providing mentoring or coaching for new early childhood educators. 

‘‘(4) SUPPORT AND TRAINING FOR PARTICIPANTS IN EARLY CHILDHOOD EDUCATION PROGRAMS.—In the case of an eligible partnership focusing on early 

childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate 

degrees in early childhood education. 

‘‘(5) TEACHER RECRUITMENT.—Developing and implementing effective mechanisms (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) underrepresented populations; 

‘‘(B) individuals to teach in rural communities and teacher shortage 

areas, including mathematics, science, special education, and instruction of 

limited English proficient students; and 

‘‘(C) mid-career professionals from other occupations, former military personnel, and recent college graduates with proven records of academic distinction. 

‘‘(6) LITERACY TRAINING.—Developing and implementing a program to 

strengthen content knowledge and teaching skills of elementary and secondary 

school literacy coaches that— 

‘‘(A) provides teacher training in reading instruction for literacy coaches 

who— 

‘‘(i) train classroom teachers to implement literacy programs; or 

‘‘(ii) tutor students with intense individualized reading, writing, and 

subject matter instruction during or beyond the school day; 

‘‘(B) develops or redesigns rigorous evidenced-based reading curricula 

that are aligned with challenging State academic content standards, as required under section 1111(b)(1) of the Elementary and Secondary Education 

Act of 1965, and with postsecondary standards for reading and writing; 

‘‘(C) provides opportunities for teachers to plan and assess instruction 

with other teachers, school leaders, and faculty at institutions of higher 

education; 


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‘‘(D) provides training and professional development for principals to prepare them to understand the teaching of reading, guide instruction, and foster school improvement; and 

‘‘(E) establishes an evaluation and accountability plan for activities conducted under this paragraph to measure the impact of such activities. 

‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT OF TEACHING RESIDENCY PROGRAMS.— 

‘‘(1) IN GENERAL.—An eligible partnership receiving a grant to carry out an 

effective teaching residency program shall carry out a program that includes all 

of the following activities: 

‘‘(A) Supporting a teaching residency program described in paragraph (2) 

for high-need subjects and areas, as determined by the needs of the highneed local educational agency in the partnership. 

‘‘(B) Modifying staffing procedures to provide greater flexibility for local 

educational agency and school leaders to establish effective school-level 

staffing in order to facilitate placement of graduates of the teaching residency program in cohorts that facilitate professional collaboration, both 

among graduates of the teaching residency program and between such 

graduates and mentor teachers in the receiving school. 

‘‘(C) Ensuring that teaching residents that participated in the teaching 

residency program receive— 

‘‘(i) effective pre-service preparation as described in paragraph (2); 

‘‘(ii) teacher mentoring; 

‘‘(iii) induction through the induction program as the teaching residents enter the classroom as new teachers; and 

‘‘(iv) the preparation described in subparagraphs (A), (B), and (C) of 

subsection (d)(2). 

‘‘(2) TEACHING RESIDENCY PROGRAMS.— 

‘‘(A) ESTABLISHMENT AND DESIGN.—A teaching residency program under 

this subsection 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 course work; 

‘‘(II) who shall have extra responsibilities as a teacher leader of 

the teaching residency program, as a mentor for residents, and as 

a teacher coach during the induction program for novice teachers, 

and for establishing, within the program, a learning community in 

which all individuals are expected to continually improve their capacity to advance student learning; and 

‘‘(III) who may have full relief from teaching duties as a result 

of such additional responsibilities. 

‘‘(iv) The establishment of clear criteria for the selection of mentor 

teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall 

be based on observations of such domains of teaching as the following: 

‘‘(I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of 

formative assessments to improve student learning. 

‘‘(II) Appropriate instruction that engages students with different 

learning styles, including students with disabilities. 

‘‘(III) Collaboration with colleagues to improve instruction. 

‘‘(IV) Analysis of gains in student learning, based on multiple 

measures, that, when feasible, may include valid and reliable objective measures of the influence of teachers on the rate of student 

academic progress. 

‘‘(V) In the case of mentor candidates who will be mentoring current or future literacy and mathematics coaches or instructors, appropriate skills in the essential components of reading instruction, 

teacher training in literacy instructional strategies across core subVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00038 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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ject areas, and teacher training in mathematics instructional strategies, as appropriate. 

‘‘(v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents. 

‘‘(vi) The development of admissions goals and priorities aligned with 

the hiring objectives of the local educational agency partnering with the 

program, as well as the instructional initiatives and curriculum of the 

agency, in exchange for a commitment by the agency to hire graduates 

from the teaching residency program. 

‘‘(vii) Support for residents, once the teaching residents are hired as 

teachers of record, through an induction program, professional development, and networking opportunities to support the residents through 

not less than the residents’ first 2 years of teaching. 

‘‘(viii) Admission goals and priorities 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. 

‘‘(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 subsection, an individual shall— 

‘‘(I) be a recent graduate of a 4-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of professional accomplishment; and 

‘‘(II) submit an application to the teaching residency program. 

‘‘(ii) SELECTION CRITERIA.—An eligible partnership carrying out a 

teaching residency program under this 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) STIPEND AND SERVICE REQUIREMENT.— 

‘‘(i) STIPEND.—A teaching residency program under this paragraph 

shall provide a 1-year living stipend or salary to teaching residents during the 1-year teaching residency program. 

‘‘(ii) SERVICE REQUIREMENT.—As a condition of receiving a stipend 

under this subparagraph, a teaching resident shall agree to teach in a 

high-need school served by the high-need local educational agency in 

the eligible partnership for a period of 3 or more years after completing 

the 1-year teaching residency program. 

‘‘(iii) REPAYMENT.—If a teaching resident who received a stipend 

under this subparagraph does not complete the service requirement described in clause (ii), such individual shall repay to the high-need local 

educational agency a pro rata portion of the stipend amount for the 

amount of teaching time that the individual did not complete. 

‘‘(f) PARTNERSHIP GRANTS FOR THE DEVELOPMENT OF LEADERSHIP PROGRAMS.— 

‘‘(1) IN GENERAL.—An eligible partnership receiving a grant to carry out an 

effective leadership program shall carry out a program that includes all of the 

following activities: 

‘‘(A) Preparing students currently enrolled or preparing to enroll in education administration programs in preparation for careers as superintendents, principals, or other school administrators (including students preparing to work in rural school districts who may perform multiple duties 

in addition to the role of administrator). 

‘‘(B) Promoting strong administrative skills and, as applicable, techniques 

for education administrators to improve the school environment and effectively manage schools. 

‘‘(C) Ensuring that students who participate in the leadership program 

receive— 

‘‘(i) effective pre-service preparation as described in subparagraph 

(D); and 

‘‘(ii) mentoring by educational administrators. 


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‘‘(D) Developing and improving a sustained and high-quality pre-service 

clinical education program to further develop the leadership skills of all 

prospective educational administrators involved in the program. Such program shall do the following: 

‘‘(i) Incorporate year-long opportunities for enrichment activity or a 

combination of activities, including— 

‘‘(I) clinical learning in high-need schools served by the high-need 

local educational agency in the eligible partnership and identified 

by the eligible partnership; and 

‘‘(II) closely supervised interaction between faculty and new and 

experienced teachers, principals, and other administrators in highneed schools served by the high-need local educational agency in 

the eligible partnership and identified by the eligible partnership. 

‘‘(ii) Integrate pedagogy and practice and promote effective administrative skills for meeting the unique needs of rural and geographically 

isolated communities. 

‘‘(iii) Educational administrator mentoring. 

‘‘(E) Creating an induction program for new administrators. 

‘‘(F) Developing and implementing effective mechanisms to ensure that 

the eligible partnership is able to recruit qualified individuals to become 

educational administrators through the activities of the eligible partnership, which may include an emphasis on recruiting into the education administration profession— 

‘‘(i) underrepresented populations; 

‘‘(ii) individuals to serve as superintendents, principals, or other 

school administrators in rural and geographically isolated communities 

and shortage areas designated by the Secretary; or 

‘‘(iii) mid-career professionals from other occupations, former military 

personnel, and recent college graduates with proven records of academic distinction. 

‘‘(2) SELECTION OF INDIVIDUALS FOR THE LEADERSHIP PROGRAM.—In order to 

be eligible for the leadership program under this subsection, an individual 

shall— 

‘‘(A) be enrolled in or preparing to enroll in an institution of higher education, or a recent graduate of an institution of higher education, or a midcareer professional from outside the field of education possessing strong 

content knowledge or a record of professional accomplishment; 

‘‘(B) be current teachers who would like to become principals or principals 

who would like to be superintendents; and 

‘‘(C) submit an application to the leadership program. 

‘‘(g) CONSULTATION.— 

‘‘(1) IN GENERAL.—Members of an eligible partnership that receives a grant 

under this section shall engage in regular consultation throughout the development and implementation of programs and activities under this section. 

‘‘(2) REGULAR COMMUNICATION.—To ensure timely and meaningful consultation, regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication 

shall continue throughout the implementation of the grant and the assessment 

of programs and activities under this section. 

‘‘(3) WRITTEN CONSENT.—The Secretary may approve changes in grant activities of a grant under this section only if a written consent signed by all members of the eligible partnership is submitted to the Secretary. 

‘‘(h) CONSTRUCTION.—Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible 

partnerships in other States or on a regional basis through Governors, State boards 

of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education. 

‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available to carry out this section 

shall be used to supplement, and not supplant, other Federal, State, and local funds 

that would otherwise be expended to carry out activities under this section. 

‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 

‘‘(a) DURATION; NUMBER OF AWARDS; PAYMENTS.— 

‘‘(1) DURATION.—A grant awarded under this part shall be awarded for a period of 5 years. 

‘‘(2) NUMBER OF AWARDS.—An eligible partnership may not receive more than 

1 grant during a 5-year period. Nothing in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title from entering into another eligible 


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partnership consisting of new members and receiving a grant with such other 

eligible partnership before the 5-year period described in the preceding sentence 

applicable to the eligible partnership with which the individual member has 

first partnered has expired. 

‘‘(3) PAYMENTS.—The Secretary shall make annual payments of grant funds 

awarded under this part. 

‘‘(b) PEER REVIEW.— 

‘‘(1) PANEL.—The Secretary shall provide the applications submitted under 

this part to a peer review panel for evaluation. With respect to each application, 

the peer review panel shall initially recommend the application for funding or 

for disapproval. 

‘‘(2) PRIORITY.—In recommending applications to the Secretary for funding 

under this part, the panel shall give priority— 

‘‘(A) to 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 programs; 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 the grant amount, the Secretary shall take into 

account the total amount of funds available for all grants under this part and 

the types of activities proposed to be carried out by the eligible partnership. 

‘‘(c) MATCHING REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Each eligible partnership receiving a grant under this part 

shall provide, from non-Federal sources, an amount equal to 100 percent of the 

amount of the grant, which may be provided in cash or in-kind, to carry out 

the activities supported by the grant. 

‘‘(2) WAIVER.—The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership, 

if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the 

authorized activities described in this part. 

‘‘(d) LIMITATION ON ADMINISTRATIVE EXPENSES.—An eligible partnership that receives a grant under this part may use not more than 2 percent of the grant funds 

for purposes of administering the grant. 

‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. 

‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each eligible partnership submitting 

an application for a grant under this part shall establish and include in such application an evaluation plan that includes strong performance objectives. The plan 

shall include objectives and measures for increasing— 

‘‘(1) student achievement for all students as measured by the eligible partnership; 

‘‘(2) teacher retention in the first 3 years of a teacher’s career; 

‘‘(3) improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; and 

‘‘(4)(A) the percentage of highly qualified teachers hired by the high-need local 

educational agency participating in the eligible partnership; 

‘‘(B) the percentage of such teachers who are members of underrepresented 

groups; 

‘‘(C) the percentage of such teachers who teach high-need academic subject 

areas (such as reading, mathematics, science, and foreign languages, including 

less commonly taught languages and critical foreign languages); 

‘‘(D) the percentage of such teachers who teach in high-need areas (including 

special education, language instruction educational programs for limited 

English proficient students, and early childhood education); 

‘‘(E) the percentage of such teachers in high-need schools, disaggregated by 

the elementary, middle, and high school levels; 

‘‘(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 number of teachers trained effectively to integrate 

technology into curricula and instruction and who use technology to collect, 

manage, and analyze data to improve teaching, learning, and decision making 

for the purpose of improving student academic achievement. 


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‘‘(b) INFORMATION.—An eligible partnership receiving a grant under this part shall 

ensure that teachers, principals, school superintendents, and faculty and leadership 

at institutions of higher education located in the geographic areas served by the eligible partnership are provided information about the activities carried out with 

funds under this part, including through electronic means. 

‘‘(c) REVOCATION OF GRANT.—If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting 

the purposes, goals, objectives, and measures, as appropriate, of the grant by the 

end of the third year of a grant under this part, then the Secretary shall require 

such eligible partnership to submit a revised application that identifies the steps the 

partnership will take to make substantial progress to meet the purposes, goals, objectives, and measures, as appropriate, of this part. 

‘‘(d) EVALUATION AND DISSEMINATION.—The Secretary shall evaluate the activities 

funded under this part and report the 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, both for traditional teacher preparation 

programs and alternative routes to State certification or licensure programs, the 

following information: 

‘‘(A) PASS RATES AND SCALED SCORES.—For the most recent year for which 

the information is available for those students who took the assessments 

and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who 

have taken the assessments and have completed the traditional teacher 

preparation program or alternative routes to State certification or licensure 

program during the 2-year period preceding such year, for each of the assessments used for teacher certification or licensure by the State in which 

the program is located— 

‘‘(i) the percentage of students who have completed 100 percent of the 

nonclinical course work and taken the assessment who pass such assessment; 

‘‘(ii) the percentage of all such students who passed each such assessment; 

‘‘(iii) the percentage of students taking an assessment who enrolled 

in and completed the teacher preparation program; 

‘‘(iv) the average scaled score for all students who took each such assessment; 

‘‘(v) a comparison of the program’s pass rates with the average pass 

rates for programs in the State; and 

‘‘(vi) a comparison of the program’s average scaled scores with the average scaled scores for programs in the State. 

‘‘(B) PROGRAM INFORMATION.—The criteria for admission into the program, the number of students in the program (disaggregated by race, ethnicity, and gender), the average number of hours of supervised clinical experience required for those in the program, the number of full-time equivalent faculty and students in the supervised clinical experience, and the total 

number of students who have been certified or licensed as teachers, 

disaggregated by subject and area of certification or licensure. 

‘‘(C) STATEMENT.—In States that require approval or accreditation of 

teacher preparation programs, a statement of whether the institution’s program is so approved or accredited, and by whom. 

‘‘(D) DESIGNATION AS LOW-PERFORMING.—Whether the program has been 

designated as low-performing by the State under section 208(a). 

‘‘(E) USE OF TECHNOLOGY.—A description of the activities that prepare 

teachers to effectively integrate technology into curricula and instruction 

and effectively use technology to collect, manage, and analyze data in order 

to improve teaching, learning, and decision making for the purpose of increasing student academic achievement. 


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‘‘(F) TEACHER TRAINING.—A description of the activities that prepare general and special education teachers to effectively 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, and to effectively teach students with limited English proficiency. 

‘‘(2) REPORT.—Each eligible partnership receiving a grant under section 202 

shall report annually on the progress of the eligible partnership toward meeting 

the purposes of this part and the objectives and measures described in section 

204(a). 

‘‘(3) FINES.—The Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in 

this subsection in a timely or accurate manner. 

‘‘(4) SPECIAL RULE.—In the case of an institution of higher education that conducts a traditional teacher preparation program or alternative routes to State 

certification or licensure program and has fewer than 10 scores reported on any 

single initial teacher certification or licensure assessment during an academic 

year, the institution shall collect and publish information, as required under 

paragraph (1)(A), with respect to an average pass rate and scaled score on each 

State certification or licensure assessment taken over a 3-year period. 

‘‘(b) STATE REPORT CARD ON THE QUALITY OF TEACHER PREPARATION.— 

‘‘(1) IN GENERAL.—Each State that receives funds under this Act shall provide 

to the Secretary, annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State 

report card on the quality of teacher preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following: 

‘‘(A) A description of 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 subject areas or in particular grades within 

the State. 

‘‘(C) A description of how the assessments and requirements described in 

subparagraph (A) are aligned with the State’s challenging academic content 

standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and State early learning standards for early 

childhood education programs. 

‘‘(D) For each of the assessments used by the State for teacher certification or licensure— 

‘‘(i) for each institution of higher education located in the State and 

each entity located in the State that offers an alternative route for 

teacher certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical 

course work and taken the assessment who pass such assessment; 

‘‘(ii) the percentage of all such students at all such institutions taking 

the assessment who pass such assessment; and 

‘‘(iii) the percentage of students taking an assessment who enrolled 

in and completed the teacher preparation program. 

‘‘(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 2-year period preceding the date 

of the determination, 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 period preceding 

the date of the determination, who took each such assessment. 

‘‘(F) A description of the State’s criteria for assessing the performance of 

teacher preparation programs within institutions of higher education in the 

State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs. 

‘‘(G) For each teacher preparation program in the State, the criteria for 

admission into the program, the number of students in the program, 

disaggregated by race, 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 


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or the results would reveal personally identifiable information about an individual student), the average number of hours of supervised clinical experience required for those in the program, and the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience. 

‘‘(H) For the State as a whole, and for each teacher preparation program 

in the State, the number of teachers prepared, in the aggregate and reported separately by— 

‘‘(i) area of certification or licensure; 

‘‘(ii) academic major; and 

‘‘(iii) subject area for which the teacher has been prepared to teach. 

‘‘(I) Using the data generated under subparagraphs (G) and (H), a description of the extent to which teacher preparation programs are helping 

to address shortages of highly qualified teachers, by area of certification or 

licensure, subject, and specialty, in the State’s public schools. 

‘‘(J) A description of the activities that prepare general and special education teachers to effectively 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. 

‘‘(K) A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technology to collect, manage, and analyze data to improve teaching, learning, 

and decision making for the purpose of increasing student academic 

achievement. 

‘‘(L) A description of the activities that prepare general education and 

special education teachers to effectively teach students with limited English 

proficiency. 

‘‘(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 requiring practices 

and procedures 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 provide to Congress, and publish and 

make widely available, a report card on teacher qualifications and preparation 

in the United States, including all the information reported in subparagraphs 

(A) through (L) of subsection (b)(1). Such report shall identify States for which 

eligible partnerships received a grant under this part. Such report shall be so 

provided, published, and made available annually. 

‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare and submit a report 

to Congress that contains the following: 

‘‘(A) A comparison of States’ efforts to improve the quality of the current 

and future teaching force. 

‘‘(B) A comparison of eligible partnerships’ efforts to improve the quality 

of the current and future teaching force. 

‘‘(C) The national mean and median scaled scores and pass rate on any 

standardized test that is used in more than 1 State for teacher certification 

or licensure. 

‘‘(3) SPECIAL RULE.—In the case of a teacher preparation program with fewer 

than 10 scores reported on any single initial teacher certification or licensure 

assessment during an academic year, the Secretary shall collect and publish information, and make publicly available, with respect to an average pass rate 

and scaled score on each State certification or licensure assessment taken over 

a 3-year period. 

‘‘(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.—As a condition of receiving assistance under title IV, 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— 


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‘‘(1) increasing the number of prospective teachers trained in teacher shortage 

areas designated by the Secretary, including mathematics, science, special education, and instruction of limited English proficient students; and 

‘‘(2) more closely linking the training provided by the institution with the 

needs of schools and the instructional decisions new teachers face in the classroom. 

‘‘(b) ASSURANCE.—As a condition of receiving assistance under title IV, each institution described in subsection (a) shall provide an assurance 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) prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic 

subjects; 

‘‘(3) 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 

‘‘(4) prospective teachers receive training on how to effectively teach in urban 

and rural schools. 

‘‘(c) PUBLIC REPORTING.—As part of the annual report card required under section 

205(a)(1), an institution of higher education described in subsection (a) shall publicly 

report whether the goals established under such subsection have been met. 

‘‘SEC. 207. STATE FUNCTIONS. 

‘‘(a) STATE ASSESSMENT.—In order to receive funds under this Act, a State shall 

have in place a procedure to conduct an assessment to identify and assist, through 

the provision of technical assistance, low-performing programs of teacher preparation. Such State shall provide the Secretary an annual list of such low-performing 

teacher preparation programs that includes an identification of those programs at 

risk of being placed on such list. Such 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; 

‘‘(2) improving student achievement for all students; and 

‘‘(3) raising the standards for entry into the teaching profession. 

‘‘(b) TERMINATION OF ELIGIBILITY.—Any program of teacher preparation from 

which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State 

assessment described in subsection (a)— 

‘‘(1) shall be ineligible for any funding for professional development activities 

awarded by the Department; 

‘‘(2) shall not be permitted to accept or enroll any student that receives aid 

under title IV in the institution’s teacher preparation program; and 

‘‘(3) shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval. 

‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to 

a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations. 

‘‘(d) APPLICATION OF THE REQUIREMENTS.—The requirements of this section shall 

apply to both traditional teacher preparation programs and alternative routes to 

State certification and licensure programs. 

‘‘SEC. 208. GENERAL PROVISIONS. 

‘‘(a) METHODS.—In complying with sections 205 and 207, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods 

in reporting and that the reporting methods do not allow identification of individuals. 

‘‘(b) SPECIAL RULE.—For each State that does not use content assessments as a 

means of ensuring that all teachers teaching in core academic subjects within the 

State are highly qualified, as required under section 1119 of the Elementary and 

Secondary Education Act of 1965 and in accordance with the State plan submitted 

or revised under section 1111 of such Act, or that each person employed as a special 

education teacher in the State who teaches elementary school, middle school, or secondary school is highly qualified by the deadline, as required under section 

612(a)(14)(C) of the Individuals with Disabilities Education Act,— 


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‘‘(1) the Secretary shall, to the extent practicable, collect data comparable to 

the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments 

to teachers or prospective teachers; and 

‘‘(2) notwithstanding any other provision of this part, the Secretary shall use 

such data to carry out requirements of this part related to assessments, pass 

rates, and scaled scores. 

‘‘(c) RELEASE OF INFORMATION TO TEACHER PREPARATION PROGRAMS.— ‘‘(1) IN GENERAL.—For the purpose of improving teacher preparation programs, a State educational agency that receives funds under this Act, or that 

participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to a teacher preparation program, upon the request of the teacher preparation program, any and all pertinent education-related information that— 

‘‘(A) may enable the teacher preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and 

‘‘(B) is possessed, controlled, or accessible by the State educational agency. 

‘‘(2) CONTENT OF INFORMATION.—The information described in paragraph 

(1)— 

‘‘(A) shall include an identification of specific individuals who graduated 

from the teacher preparation program to enable the teacher preparation 

program to evaluate the information provided to the program from the 

State educational agency with the program’s own data about the specific 

courses taken by, and field experiences of, the individual graduates; and 

‘‘(B) may include— 

‘‘(i) kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information 

about an individual student, for students who have been taught by 

graduates of the teacher preparation program; and 

‘‘(ii) teacher effectiveness evaluations for teachers who graduated 

from the teacher preparation program. 

‘‘(d) LIMITATIONS.— 

‘‘(1) FEDERAL CONTROL PROHIBITED.—Nothing in this part shall be construed 

to permit, allow, encourage, or authorize any Federal control over any aspect 

of any private, religious, or home school (whether or not a home school is treated as a private school or home school under State law). This section shall not 

be construed to prohibit private, religious, or home schools from participation 

in programs or services under this part. 

‘‘(2) NO CHANGE IN STATE CONTROL ENCOURAGED OR REQUIRED.—Nothing in 

this part shall be construed to encourage or require any change in a State’s 

treatment of any private, religious, or home school (whether or not a home 

school is treated as a private school or home school under State law). 

‘‘(3) NATIONAL SYSTEM OF TEACHER CERTIFICATION PROHIBITED.—Nothing in 

this part shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification. 

‘‘SEC. 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 2 succeeding 

fiscal years. 

‘‘PART B—PREPARING TEACHERS FOR DIGITAL AGE 

LEARNERS 

‘‘SEC. 221. 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) 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 skills to enter the workforce; 

‘‘(2) strengthen and develop partnerships among the stakeholders in teacher 

preparation to transform teacher education and ensure technology rich learning 

environments throughout a teacher candidate’s pre-service education, including 

clinical experiences; and 


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‘‘(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-learning environments that enable kindergarten through grade 12 students to develop skills to enter the workforce. 

‘‘(b) AMOUNT AND DURATION.—A grant, contract, or cooperative agreement under 

this part— 

‘‘(1) shall be for not more than $2,000,000; 

‘‘(2) shall be for a 3-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 part 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 part, the term ‘eligible consortium’ means a consortium of members that includes the following: 

‘‘(1) At least one institution of higher education that awards baccalaureate degrees and prepares teachers for initial entry into teaching. 

‘‘(2) At least 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) At least 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. 222. USES OF FUNDS. 

‘‘(a) IN GENERAL.—An eligible consortium that receives a grant or enters into a 

contract or cooperative agreement under this part shall use funds made available 

under this part 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 pre-service preparation of teacher candidates with high-needs 

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 in educational settings with technology; 

‘‘(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 technology development 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 with respect 

to technology implementation by members of the consortium; 

‘‘(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 pre-service teachers who can integrate technology and pedagogical skills in content areas; 


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‘‘(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 pre-service teachers to— 

‘‘(A) develop and implement a plan for pre-service 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 pre-service teacher populations with 

programs that connect such pre-service 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 achievement in high-need schools; 

‘‘(5) provide additional technology resources for pre-service teachers to plan 

and implement technology applications in classroom settings that provide evidence of student learning; and 

‘‘(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. 223. APPLICATION REQUIREMENTS. 

‘‘To be eligible to receive a grant or enter into a contract or cooperative agreement 

under this part, 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 pre-service 

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 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 part for the project. 

‘‘(6) A plan for the evaluation of the project, which shall include benchmarks 

to monitor progress toward specific project objectives. 

‘‘SEC. 224. EVALUATION. 

‘‘Not less than 10 percent of the funds awarded to an eligible consortium to carry 

out a project under this part shall be used to evaluate the effectiveness of such 

project. 

‘‘SEC. 225. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There is authorized to be appropriated $100,000,000 to carry out this part for fiscal year 2009 and such sums as may be necessary for each of the 2 succeeding fiscal 

years. 

‘‘PART C—ENHANCING TEACHER EDUCATION 

‘‘SEC. 240. 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 4 succeeding fiscal years. 


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‘‘Subpart 1—Recruiting Teachers With Math, Science, or 

Language Majors 

‘‘SEC. 241. PROGRAM AUTHORIZED. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated under section 240, the 

Secretary shall make competitive grants to institutions of higher education to improve the availability, recruitment, and retention of teachers from among students 

majoring in mathematics, science, foreign languages, special education, or teaching 

the English language to students who are limited English proficient, or to a combination of students majoring in such subjects. In making such grants, the Secretary 

shall give priority to institutions of higher education with programs that— 

‘‘(1) focus on preparing and retaining teachers in subjects in which there is 

a shortage of highly qualified teachers and that prepare students to teach in 

high-need schools; and 

‘‘(2) include plans to seek matching funds from other governmental and nongovernmental sources. 

‘‘(b) APPLICATION.—Any institution of higher education desiring to receive a grant 

under this subpart shall submit to the Secretary an application at such time, in 

such form, and containing such information and assurances as the Secretary may 

require, including— 

‘‘(1) the number of students who graduated from the institution in the preceding year with the qualifications necessary to be teachers with expertise in 

mathematics, science, a foreign language, special education, or teaching limited 

English proficient individuals; and 

‘‘(2) a goal and timeline for increasing the number of such teachers who graduate from the institution. 

‘‘(c) USE OF FUNDS.—Grant funds made available under this subpart— 

‘‘(1) shall be used to create and provide new recruitment incentives to encourage students who are planning to pursue other careers to pursue careers in 

teaching, with an emphasis on recruiting students who are majoring in highneed subjects such as mathematics, science, foreign languages, and special education, and areas relevant to teaching the English language to students who are 

limited English proficient; 

‘‘(2) may be used to upgrade curriculum to provide all students studying to 

become teachers with high-quality instructional strategies for teaching reading 

and teaching the English language to students who are limited English proficient, and for adopting, modifying, and differentiating instruction to teach students with disabilities; 

‘‘(3) may be used to integrate department, school, or college of education faculty with other arts and science faculty in mathematics, science, foreign languages, special education, and teaching the English language to students who 

are limited English proficient through steps such as— 

‘‘(A) dual appointments for faculty between departments, schools, or colleges of education and departments, schools, or colleges of arts and science; 

and 

‘‘(B) integrating course work with clinical experience; 

‘‘(4) may be used to develop strategic plans between departments, schools, or 

colleges of education and local school districts to better prepare teachers for 

high-need schools, including the creation of professional development partnerships for training new teachers in state-of-the-art teaching practices; and 

‘‘(5) may be used to develop or enhance programs aimed at retaining teachers 

in high-need subjects such as mathematics, science, foreign languages, special 

education, and teaching the English language to students who are limited 

English proficient, and may include providing scholarship assistance to current 

teachers to upgrade their skills. 

‘‘Subpart 2—Community Colleges as Partners in Teacher 

Education Grants 

‘‘SEC. 251. GRANTS TO COMMUNITY COLLEGES. 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized to award grants, on a 

competitive basis, to eligible entities to assist such entities with— 

‘‘(1) establishing or enhancing teacher education programs at community colleges that— 

‘‘(A) include content and pedagogical training; and 


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‘‘(B) are aligned with 4-year college and university teacher education programs to ensure a seemless transition for students from community colleges 

to 4-year institutions; 

‘‘(2) establishing or enhancing post baccalaureate certification programs offered at community colleges; 

‘‘(3) developing and delivering a rigorous program of study for students interested in a career in teaching; and 

‘‘(4) developing and delivering professional development for teachers to ensure 

their continued education and professional growth. 

‘‘(b) AUTHORIZED USES OF FUNDS.—Grant funds provided under this subpart shall 

be used to carry out the activities described in subsection (a), and may be used to— 

‘‘(1) develop curriculum for teacher education programs and post baccalaureate certification programs at community colleges; 

‘‘(2) establish or enhance clinical experiences for students in such teacher education programs and post baccalaureate certification programs; 

‘‘(3) establish or enhance professional development programs at community 

colleges that are available for teachers; 

‘‘(4) develop new associate degree programs focused on teacher preparation; 

‘‘(5) increase the alignment between community college teacher education programs and 4-year college and university teacher education programs, including 

articulation agreements, common course numbering, and joint admission programs; 

‘‘(6) recruit teacher candidates with the goal of diversifying the teacher workforce; 

‘‘(7) prepare teachers for high-demand subject areas including science, mathematics, technology, special education, critical foreign languages, or the education of limited English proficient individuals; 

‘‘(8) prepare teachers to teach in high-need schools; 

‘‘(9) increase coordination between teacher education programs and departments, schools, or colleges of arts and sciences; 

‘‘(10) encourage teacher education and post baccalaureate programs at times 

and in formats designed to make these programs more accessible to certain student populations, including mid-career professionals transitioning to teaching; 

and 

‘‘(11) carry out other activities that aim to ensure that well-qualified individuals enter into the teaching profession. 

‘‘(c) ELIGIBLE ENTITY.—For purposes of this subpart, the term ‘eligible entity’ 

means an individual community college (or district of community colleges), a consortia of community colleges, or a statewide community college system that, for the 

purposes of carrying out activities under this subpart, has entered into a partnership with— 

‘‘(1) a four-year institution of higher education with a teacher education program, or a consortia of such institutions; and 

‘‘(2) at least one of the following: 

‘‘(A) The State agency that oversees teacher preparation or higher education in the State. 

‘‘(B) One or more local educational agencies. 

‘‘(C) The State educational agency. 

‘‘(D) A professional organization representing teachers. 

‘‘(d) APPLICATION.—Each eligible entity desiring a grant under this subpart 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) an overview of the goals the eligible entity and its partners plan to pursue upon receipt of a grant under this subpart; 

‘‘(2) an identification of the institutions, agencies, or organizations that have 

entered into a partnership with the eligible entity to meet the requirements of 

subsection (c); 

‘‘(3) a description of how the eligible entity and its partners will work to ensure a seemless transition for students from community college to 4-year institutions; 

‘‘(4) an assurance by the eligible entity that students will be provided with 

intensive support services, which may include mentoring, academic and career 

support, and support for students who are transitioning, or have transitioned, 

from the community college to the 4-year institution; and 

‘‘(5) a description of the rigorous 2-year program of study to be provided by 

the eligible entity, and a description of how such program establishes a foundation for students to enter into a qualified teacher preparation program at a 4- 

year institution. 


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‘‘(e) PRIORITY.—In awarding grants under this subpart, the Secretary shall give 

priority to applications the goals of which are to— 

‘‘(1) increase the diversification of the teacher workforce by enrolling and retaining students from minority racial and ethnic backgrounds and others underrepresented in the local education workforce; 

‘‘(2) prepare teachers for high-demand subject areas including science, mathematics, technology, special education, critical foreign languages, or the education of limited English proficient individuals; or 

‘‘(3) prepare teachers to enter into high-need schools. 

‘‘SEC. 252. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) COMMUNITY COLLEGE.—The term ‘community college’ has the same meaning given the term ‘junior or community college’ in section 313. 

‘‘(2) FOUR-YEAR INSTITUTION.—The term ‘4-year institution’ means an institution of higher education (as defined in section 101(a)) that provides a 4-year 

program of instruction for which the institution awards a bachelor’s degree. 

‘‘(3) QUALIFIED TEACHER PREPARATION PROGRAM.—The term ‘qualified teacher 

preparation program’ means an undergraduate program for students at an institution of higher education that— 

‘‘(A) encourages collaboration between faculty in education and faculty in 

the relevant subject areas including, sciences mathematics, and foreign languages to pursue content coordination for courses taken frequently by students preparing to be teachers; 

‘‘(B) offers support services, including mentoring, exposure to and field experience in the classroom prior to graduation, or other practices, for students while they are in the program, and after graduation while working 

as teachers; and 

‘‘(C) focuses on increasing the number of teachers for high-demand subject areas. 

‘‘Subpart 3—Honorable Augustus F. Hawkins Centers of 

Excellence 

‘‘SEC. 261. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means— 

‘‘(A) an institution of higher education that has a teacher preparation program that is a qualified teacher preparation program under section 252, 

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(b)); 

‘‘(vii) an Asian American and Pacific Islander-serving institution (as 

defined in section 319(b)); or 

‘‘(viii) a Native American-serving non-tribal institution (as defined in 

section 320(b)); 

‘‘(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 262 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 (20 U.S.C. 6368). 

‘‘SEC. 262. 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: 


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‘‘(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 for 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 close student achievement gaps, and are 

based on rigorous academic content, scientifically valid research (including scientifically based reading research), and challenging State 

student academic content standards; and 

‘‘(ii) promote strong teaching skills, as defined in section 200(b). 

‘‘(2) Providing sustained and high-quality pre-service 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; or 

‘‘(B) induction and support for teachers and principals during their first 

3 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. 

‘‘(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 not use more than 2 percent of the grant 

funds for purposes of administering the grant. 

‘‘(f) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out this subpart. 

‘‘Subpart 4—Teach for America 

‘‘SEC. 271. TEACH FOR AMERICA. 

‘‘(a) DEFINITIONS.— 

‘‘(1) GRANTEE.—The term ‘grantee’ means Teach For America, Inc. 

‘‘(2) HIGH NEED.—Notwithstanding section 200(b), the term ‘high need’, when 

used with respect to a local educational agency, means a local educational agency experiencing a shortage of highly qualified teachers. 

‘‘(b) GRANTS AUTHORIZED.—The Secretary is authorized to award a grant to Teach 

For America, Inc., the national teacher corps of outstanding recent college graduates 

who commit to teach for 2 years in underserved communities in the United States, 

to implement and expand its program of recruiting, selecting, training, and supporting new teachers. 

‘‘(c) REQUIREMENTS.—In carrying out the grant program under subsection (b), the 

Secretary shall enter into an agreement with the grantee under which the grantee 

agrees to use the grant funds provided under this subpart 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 subpart shall be used by 

the grantee to carry out each of the following activities: 


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‘‘(A) Recruiting and selecting teachers through a highly selective national 

process. 

‘‘(B) Providing pre-service training to such teachers through a rigorous 

summer institute that includes hands-on teaching experience and significant exposure to education course work and theory. 

‘‘(C) Placing such teachers in schools and positions designated by high 

need local educational agencies as high need placements serving underserved students. 

‘‘(D) Providing ongoing professional development activities for such teachers’ first 2 years in the classroom, including regular classroom observations 

and feedback, and ongoing training and support. 

‘‘(2) LIMITATION.—The grantee shall use all grant funds received under this 

subpart to support activities related directly to the recruitment, selection, training, and support of teachers as described in paragraph (1). 

‘‘(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 subpart; 

‘‘(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 section 240, the Secretary shall provide for a study that examines the achievement levels of the 

students taught by the teachers assisted under this subpart. 

‘‘(B) ACHIEVEMENT GAINS COMPARED.—The study shall compare, within 

the same schools, the achievement gains made by students taught by teachers who are assisted under this subpart with the achievement gains made 

by students taught by teachers who are not assisted under this subpart. 

‘‘(3) REQUIREMENTS.—The Secretary shall provide for such a study not less 

than once every 3 years, and each such study shall include multiple placement 

sites and multiple schools within placement sites. 

‘‘(4) PEER REVIEW STANDARDS.—Each such study shall meet the peer review 

standards of the education research community. 

‘‘Subpart 5—Early Childhood Education Professional 

Development and Career Task Force 

‘‘SEC. 281. PURPOSE. 

‘‘It is the purpose of this subpart— 

‘‘(1) to improve the quality of the early childhood education workforce by creating a statewide early childhood education professional development and career task force for early childhood education program staff, directors, and administrators; and 

‘‘(2) to create— 

‘‘(A) a coherent system of core competencies, pathways to qualifications, 

credentials, degrees, quality assurances, access, and outreach, for early 

childhood education program staff, directors, and administrators, that is 

linked to compensation commensurate with experience and qualifications; 

‘‘(B) articulation agreements that enable early childhood education professionals to transition easily among degrees; and 

‘‘(C) compensation initiatives for individuals working in an early childhood education program that reflect the individuals’ credentials, degrees, 

and experience. 

‘‘SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM. 

‘‘In this subpart, the term ‘early childhood education program’ means— 

‘‘(1) a family child care program, center-based child care program, State prekindergarten program, or school-based program, that— 

‘‘(A) provides early childhood education; 

‘‘(B) uses developmentally appropriate practices; 

‘‘(C) is licensed or regulated by the State; and 

‘‘(D) serves children from birth through age 5; 

‘‘(2) a Head Start Program carried out under the Head Start Act; 


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‘‘(3) an Early Head Start Program carried out under section 645A of the Head 

Start Act; or 

‘‘(4) a program authorized under section 619 or part C of the Individuals with 

Disabilities Education Act. 

‘‘SEC. 283. GRANTS AUTHORIZED. 

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants to States in accordance with the provisions of this subpart to enable such States— 

‘‘(1) to establish a State Task Force described in section 284; and 

‘‘(2) to support activities of the State Task Force described in section 285. 

‘‘(b) COMPETITIVE BASIS.—Grants under this subpart shall be awarded on a competitive basis. 

‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In awarding grants under this subpart, the Secretary shall take into consideration providing an equitable geographic 

distribution of such grants. 

‘‘(d) DURATION.—Grants under this subpart shall be awarded for a period of 3 

years. 

‘‘SEC. 284. STATE TASK FORCE ESTABLISHMENT. 

‘‘(a) STATE TASK FORCE ESTABLISHED.—The Governor of a State receiving a grant 

under this subpart shall establish, or designate an existing entity to serve as, the 

State Early Childhood Education Professional Development and Career Task Force 

(hereafter in this subpart referred to as the ‘State Task Force’). 

‘‘(b) MEMBERSHIP.—The State Task Force shall include a representative of a State 

educational agency, an institution of higher education (including an associate or a 

baccalaureate degree granting institution of higher education), an early childhood 

education program, a nonprofit early childhood organization, a statewide early childhood workforce scholarship or supplemental initiative, and any other entity or individual the Governor determines appropriate. 

‘‘SEC. 285. STATE TASK FORCE ACTIVITIES. 

‘‘(a) ACTIVITIES.—The State Task Force shall— 

‘‘(1) coordinate and communicate regularly with existing State Advisory Councils on Early Care and Education or a similar State entity charged with creating 

a comprehensive system of early care and education in the State (hereafter in 

this subpart referred to as ‘State Advisory Councils’) 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 course work; 

‘‘(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 

‘‘(3) develop a plan for a comprehensive statewide professional development 

and career system for individuals working in early childhood education programs or for early childhood education providers, which plan shall include— 

‘‘(A) methods of providing outreach to early childhood education program 

staff, directors, and administrators to enable such individuals and providers 

to be aware of opportunities and resources under the statewide plan, which 

may include outreach to underrepresented populations in the profession; 


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‘‘(B) developing a unified data collection and dissemination system for 

early childhood education training, professional development, and higher 

education programs; 

‘‘(C) increasing the participation of early childhood educators in high 

quality training and professional development by assisting in paying the 

costs of enrollment in and completion of such training and professional development courses; 

‘‘(D) increasing the participation of early childhood educators in postsecondary education programs leading to degrees in early childhood education 

by providing assistance to pay the costs of enrollment in and completion of 

such postsecondary education programs, which assistance— 

‘‘(i) shall only be provided to an individual who— 

‘‘(I) enters into an agreement under which the individual agrees 

to work, for a reasonable number of years after receiving such a 

degree, in an early childhood education program that is located in 

a low-income area; and 

‘‘(II) has a family income equal to or less than the annually adjusted national median family income as determined by the Bureau 

of the Census; and 

‘‘(ii) shall be provided in an amount that does not exceed $17,500; 

‘‘(E) supporting professional development activities and a career lattice 

for a variety of early childhood professional roles with varying professional 

qualifications and responsibilities for early childhood education personnel, 

including strategies to enhance the compensation of such personnel; 

‘‘(F) supporting articulation agreements between 2- and 4-year public and 

private institutions of higher education and mechanisms to transform other 

training, professional development, and experience into academic credit; 

‘‘(G) developing mentoring and coaching programs to support new educators in and directors of early childhood education programs; 

‘‘(H) providing career development advising with respect to the field of 

early childhood education, including informing an individual regarding— 

‘‘(i) entry into and continuing education requirements for professional 

roles in the field; 

‘‘(ii) available financial assistance; and 

‘‘(iii) professional development and career advancement in the field; 

‘‘(I) enhancing the quality of faculty and course work 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 activities described in the statewide 

plan described in subsection (a)(3). 

‘‘(c) PERIODIC REVIEW.—The State Task Force shall meet periodically to review 

implementation of the statewide plan and to recommend any changes to the statewide plan the State Task Force determines necessary. 

‘‘SEC. 286. STATE APPLICATION AND REPORT. 

‘‘(a) IN GENERAL.—Each State desiring a grant under this subpart 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 285; 

‘‘(4) the availability within the State of training, 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. 


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‘‘(b) REPORT TO THE SECRETARY.—Not later than 2 years after receiving a grant 

under this subpart, 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 subpart to develop or expand the State’s early 

childhood education professional development and career activities; 

‘‘(2) the ways in which the State Advisory Council 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 subpart to carry out the activities described in section 285. 

‘‘SEC. 287. EVALUATIONS. 

‘‘(a) STATE EVALUATION.—Each State receiving a grant under this subpart shall— 

‘‘(1) evaluate the activities that are assisted under this subpart 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 286(a)(3), on the quality of education, professional development, and training related to early childhood education programs that 

are offered in the State; 

‘‘(E) the change in compensation and retention of individuals working in 

early childhood education programs within the State resulting from the activities; and 

‘‘(F) the impact of the activities on the demographic characteristics of individuals working in early childhood education programs; and 

‘‘(2) submit a report at the end of the grant period to the Secretary regarding 

the evaluation described in paragraph (1). 

‘‘(b) SECRETARY’S EVALUATION.—Not later than September 30, 2013, the Secretary, 

in consultation with the Secretary of Health and Human Services, shall prepare and 

submit to the authorizing committees an evaluation of the State reports submitted 

under subsection (a)(2).’’. 

SEC. 202. NATIONAL ACADEMY OF SCIENCES STUDY OF BEST PRACTICES IN TEACHER PREPARATION. 

(a) IN GENERAL.—The Secretary shall enter into a contract with the National 

Academy of Sciences to conduct a 2-year study to develop suggested best practices 

in teacher preparation for departments, schools, and colleges of education. Such best 

practices shall include recommendations to improve teaching skills, including skills 

related to working with diverse populations. 

(b) BEST RESEARCH; SUGGESTED TRAINING.—The suggested best practices developed under subsection (a) shall reflect the best research into how students learn and 

on the content-specific methods shown to be effective with students, including examining how children learn. The suggested best practices shall include suggested training for general and special education teachers in working with diverse populations, 

utilizing the principles of universal design for learning, assessments in the classroom, and classroom management. 

(c) COLLABORATION.— 

(1) IN GENERAL.—In conducting the study under subsection (a), the National 

Academy of Sciences shall collaborate with interested parties in developing the 

suggested best practices. 

(2) INTERESTED PARTIES.—In this subsection, the term ‘‘interested parties’’ 

means— 

(A) college presidents; 

(B) deans of arts and sciences and teacher education programs; 

(C) teacher preparation faculty; 

(D) chief State school officers; 

(E) school superintendents; 

(F) teacher organizations; 

(G) outstanding teachers and principals; 

(H) teacher preparation accrediting organizations; 

(I) individuals or organizations with expertise in working with diverse 

populations, including students with disabilities and limited English proficient students; and 

(J) other organizations with expertise in teacher recruitment and training. 


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(d) PROHIBITION.—Nothing in this section shall be construed to authorize the National Academy of Sciences to recommend, or any other Federal Government entity 

or contractor to mandate, direct, control, or suggest, a specific curriculum for teacher education programs. 

TITLE III—TITLE III AMENDMENTS 

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’’ before the period; 

(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’ parents.’’; 

(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. TITLE III GRANTS FOR AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND 

UNIVERSITIES. 

(a) ELIGIBLE INSTITUTIONS.—Section 316(b)(3) (20 U.S.C. 1059c(b)(3)) is amended 

to read as follows: 

‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal College or University’ 

means an institution that— 

‘‘(A) qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Assistance Act (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).’’. 

(b) DISTANCE LEARNING.—Section 316(c)(2) is amended— 

(1) by amending subparagraph (B) to read as follows: 

‘‘(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;’’; 

(2) in subparagraph (C), by inserting before the semicolon at the end the following: ‘‘, or advanced degrees in tribal governance or tribal public policy’’; 

(3) in subparagraph (D), by inserting before the semicolon at the end the following: ‘‘, and in tribal governance or tribal public policy’’; 

(4) by striking ‘‘and’’ at the end of subparagraph (K); 

(5) by redesignating subparagraph (L) as subparagraph (M); and 

(6) by inserting after subparagraph (K) the following new subparagraph: 

‘‘(L) developing or improving facilities for Internet use or other distance 

learning academic instruction capabilities; and’’. 

(c) APPLICATION AND ALLOTMENT.—Section 316(d) is amended to read as follows: 

‘‘(d) APPLICATION AND ALLOTMENT.— 

‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligible to receive assistance under 

this section, a Tribal College or University shall be an eligible institution under 

section 312(b). 

‘‘(2) APPLICATION.—Any Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such 

time, and in such manner, as the Secretary may reasonably require. 

‘‘(3) MINIMUM GRANT.—Notwithstanding section 399(c), the amount allotted to 

each institution under this section shall not be less than $500,000. 

‘‘(4) SPECIAL RULES.— 


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‘‘(A) CONCURRENT FUNDING.—For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section 

shall concurrently receive funds under other provisions of this part or part 

B. 

‘‘(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are 

eligible to receive funds under this section.’’. 

(d) ALLOTMENT OF REMAINING FUNDS.—Section 316 is further amended by adding 

at the end the following new subsection: 

‘‘(e) ALLOTMENT OF REMAINING FUNDS.—The Secretary shall distribute any funds 

appropriated to carry out this section for any fiscal year that remain available after 

the Secretary has awarded grants under subsection (e), to each eligible institution 

as follows: 

‘‘(1) 60 percent of the remaining appropriated funds shall be distributed 

among the eligible Tribal Colleges and Universities on a pro rata basis, based 

on the respective Indian student counts (as defined in section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)) 

of the Tribal Colleges and Universities; and 

‘‘(2) the remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.’’. 

SEC. 303. PREDOMINANTLY BLACK INSTITUTIONS. 

Part A of title III is amended by inserting after section 317 (20 U.S.C. 1059d) the 

following new section: 

‘‘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.—For purposes of this section: 

‘‘(1) PREDOMINANTLY BLACK INSTITUTION.—The term ‘Predominantly Black Institution’ means an institution of higher education— 

‘‘(A) that is an eligible institution (as defined in paragraph (5)(A) of this 

subsection) with a minimum of 1,000 undergraduate students; 

‘‘(B) at which at least 50 percent of the undergraduate students enrolled 

at the institution are low-income individuals or first-generation college students (as that term is defined in section 402A(g)); and 

‘‘(C) at which at least 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the institution is licensed to award by the State in which it is 

located. 

‘‘(2) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ has the 

meaning given such term in section 402A(g). 

‘‘(3) 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 programs’ benefits, or the 

amount of such benefits, or both, are determined on the basis of income or resources of the individual or family seeking the benefit. 

‘‘(4) STATE.—The term ‘State’ means each of the 50 States and the District 

of Columbia. 

‘‘(5) OTHER DEFINITIONS.—For purposes of this section, the terms defined by 

section 312 have the meanings provided by that section, except as follows: 

‘‘(A) ELIGIBLE INSTITUTION.— 

‘‘(i) The term ‘eligible institution’ means an institution of higher education that— 

‘‘(I) has an enrollment of needy undergraduate students as required and defined by subparagraph (B); 

‘‘(II) except as provided in section 392(b), the average educational 

and general expenditure of which are 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; 

‘‘(III) has an enrollment of undergraduate students that is at 

least 40 percent Black American students; 

‘‘(IV) is legally authorized to provide, and provides within the 

State, an educational program for which the institution awards a 

bachelors degree, or in the case of a junior or community college, 

an associate’s degree; 

‘‘(V) 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 


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agency or association, making reasonable progress toward accreditation; and 

‘‘(VI) is not receiving assistance under part B of this title. 

‘‘(ii) In awarding grants under this section the Secretary shall give 

priority to Predominantly Black Institutions with large numbers or percentages of students described in clause (i)(II) or clause (i)(III). The 

level of priority given to Predominantly Black Institutions with large 

numbers or percentages of students described in paragraph (1)(B) shall 

be twice the level of priority given to Predominantly Black Institutions 

with large numbers or percentages of students described in paragraph 

(1)(C). 

‘‘(B) ENROLLMENT OF NEEDY STUDENTS.—The term ‘enrollment of needy 

students’ means the enrollment at an eligible institution with respect to 

which at least 50 percent of the undergraduate students enrolled in an academic program leading to a degree— 

‘‘(i) in the second fiscal year preceding the fiscal year for which the 

determination is made, were Pell Grant recipients in such year; 

‘‘(ii) come from families that receive benefits under a means-tested 

Federal benefits program (as defined in paragraph (3)); 

‘‘(iii) attended a secondary school that was a high-need school during 

any year of such attendance; or 

‘‘(iv) are ‘first-generation college students’ as that term is defined in 

section 402A(g), and a majority of such first-generation college students 

are low-income individuals. 

‘‘(c) AUTHORIZED ACTIVITIES.— 

‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded pursuant to subsection (d) shall be used by Predominantly Black Institutions— 

‘‘(A) to assist the 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 title IV eligible students 

by encouraging college preparation and student persistence in secondary 

and postsecondary education; and 

‘‘(C) to strengthen the institution’s financial ability to serve the academic 

needs of the students described in subparagraphs (A) and (B). 

‘‘(2) AUTHORIZED ACTIVITIES.—Grants made to an institution under subsection 

(d) shall be used for one or more of the following activities: 

‘‘(A) The activities described in section 311(c)(1) through (11). 

‘‘(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 or secondary school in 

the State that shall include, as part of such program, preparation for teacher certification. 

‘‘(D) Establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education. 

‘‘(E) Other activities proposed in the application submitted pursuant to 

subsection (e) that— 

‘‘(i) contribute to carrying out the purposes of this section; and 

‘‘(ii) are approved by the Secretary as part of the review and acceptance of such application. 

‘‘(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), the 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 allotment of any Predominantly Black Institution may be available for the purpose of constructing or 

maintaining a classroom, library, laboratory, or other instructional facility. 

‘‘(d) ALLOTMENTS TO PREDOMINANTLY BLACK INSTITUTIONS.— 


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58 

‘‘(1) ALLOTMENT: PELL GRANT BASIS.—From the amount 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 (e) a 

sum which bears the same ratio to one-half that amount as the number of 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 

Pell Grant recipients at all institutions eligible under this section. 

‘‘(2) ALLOTMENT: GRADUATES BASIS.—From the amount 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 (e) a 

sum which bears the same ratio to one-fourth that amount as the number of 

graduates for such year at such institution bears to the total number of graduates for such year at all intuitions eligible under this section. 

‘‘(3) ALLOTMENT: GRADUATES SEEKING A HIGHER DEGREE BASIS.—From the 

amount 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 (e) a sum which bears the same ratio to one-fourth of 

that amount as the percentage of graduates per institution who, within 2 years 

of graduation with an associates degree or a baccalaureate degree, are admitted 

to and in attendance at, either 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 per institution for all eligible institutions. 

‘‘(4) MINIMUM ALLOTMENT.—(A) Notwithstanding paragraphs (1), (2), and (3) 

of this subsection and section 399(c), the amount allotted to each Predominantly 

Black Institution under this section shall not be less than $250,000. 

‘‘(B) If the amount appropriated pursuant to section 399 for any fiscal year 

is not sufficient to pay the minimum allotment, the amount of such minimum 

allotment shall be ratably reduced. If additional sums become available for such 

fiscal year, such reduced allocation shall be increased on the same basis as it 

was reduced until the amount allotted equals the minimum allotment required 

by subparagraph (A). 

‘‘(5) REALLOTMENT.—The amount of a Predominantly Black Institution’s allotment under paragraph (1), (2), (3), or (4) for any fiscal year, which the Secretary 

determines will not be required for such institution for the period such allotment is available, shall be available for reallotment to other Predominantly 

Black Institutions in proportion to the original allotment to such other institutions under this section for such fiscal year. The Secretary shall reallot such 

amounts from time to time, on such date and during such period as the Secretary deems appropriate. 

‘‘(e) APPLICATIONS.—No Predominantly Black Institution shall be entitled to its allotment of Federal funds for any grant under subsection (d) for any period unless 

the institution submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. 

‘‘(f) APPLICATION REVIEW PROCESS.—Section 393 shall not apply to applications 

under this section. 

‘‘(g) PROHIBITION.—No Predominantly Black Institution that applies for and receives a grant under this section may apply for or receive funds under any other 

program under this part or part B of this title. 

‘‘(h) DURATION AND CARRYOVER.—Any funds paid to a Predominantly Black Institution under this section and not expended or used for the purposes for which the 

funds were paid within 10 years following the date of the grant awarded to such 

institution under this section shall be repaid to the Treasury of the United States.’’. 

SEC. 304. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTIONS. 

Part A of title III is amended by inserting after section 318 (as added by section 

303 of this Act) the following new section: 

‘‘SEC. 319. 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. 

‘‘(b) DEFINITIONS.—For the purpose of this section— 

‘‘(1) the term ‘Asian American’ has the meaning given the term Asian in the 

Office of Management and Budget’s Standards for Maintaining, Collecting, and 


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Presenting Federal Data on Race and Ethnicity as published on October 30, 

1997 (62 Fed. Reg. 58789); 

‘‘(2) 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; 

‘‘(3) 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 

‘‘(B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Native American Pacific Islander students; and 

‘‘(4) 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. 

‘‘(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. 

‘‘(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 under-represented; 

‘‘(L) conducting research and data collection for Asian American and Native American Pacific Islander populations and sub-populations; and 

‘‘(M) establishing partnerships with community based organizations serving Asian Americans and Native American Pacific Islanders. 

‘‘(d) APPLICATION PROCESS.— 

‘‘(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 by regulation require. 

‘‘(2) APPLICATIONS.—Any institution which 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 5-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 

‘‘(B) such other information and assurance as the Secretary may 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 other provisions of this part or part B. 

‘‘(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are 

eligible to receive funds under this section. 


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‘‘(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 that serve a significant 

percentage of Asian American and Native American Pacific Islander 

students who are low-income individuals.’’. 

SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 

(a) GRANT PROGRAM AUTHORIZED.—Part A of title III (20 U.S.C. 1057 et seq.) is 

amended by adding after section 319 (as added by section 304 of this Act) the following new section: 

‘‘SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall provide grants and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) NATIVE AMERICAN.—The term ‘Native American’ means an individual who 

is of a tribe, people, or culture that is indigenous to the United States. 

‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION.—The term ‘Native 

American-serving, nontribal institution’ means an institution of higher education that, at the time of application— 

‘‘(A) has an enrollment of undergraduate students that is not less than 

10 percent Native American students; and 

‘‘(B) is not a Tribal College or University (as defined in section 316). 

‘‘(c) AUTHORIZED ACTIVITIES.— ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded under this section 

shall be used by Native American-serving, nontribal institutions to assist such 

institutions to plan, develop, undertake, and carry out activities to improve and 

expand such institutions’ capacity to serve Native Americans. 

‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs may include— 

‘‘(A) the purchase, rental, or lease of scientific or laboratory equipment for 

educational purposes, including instructional and research purposes; 

‘‘(B) renovation and improvement in classroom, library, laboratory, and 

other instructional facilities; 

‘‘(C) support of faculty exchanges, and faculty development and faculty 

fellowships to assist faculty in attaining advanced degrees in the faculty’s 

field of instruction; 

‘‘(D) curriculum development and academic instruction; 

‘‘(E) the purchase of library books, periodicals, microfilm, and other educational materials; 

‘‘(F) funds and administrative management, and acquisition of equipment 

for use in strengthening funds management; 

‘‘(G) the joint use of facilities such as laboratories and libraries; and 

‘‘(H) academic tutoring and counseling programs and student support 

services. 

‘‘(d) APPLICATION PROCESS.— 

‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native American-serving, nontribal institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving, nontribal institution, along with such other 

information and data as the Secretary may by regulation require. 

‘‘(2) APPLICATIONS.— 

‘‘(A) PERMISSION TO SUBMIT APPLICATIONS.—Any institution that is determined by the Secretary to be a Native American-serving, nontribal institution may submit an application for assistance under this section to the Secretary. 

‘‘(B) SIMPLIFIED AND STREAMLINED FORMAT.—The Secretary shall, to the 

extent possible, prescribe a simplified and streamlined format for applications under this section that takes into account the limited number of institutions that are eligible for assistance under this section. 

‘‘(C) CONTENT.—An application submitted under subparagraph (A) shall 

include— 

‘‘(i) a 5-year plan for improving the assistance provided by the Native 

American-serving, nontribal institution to Native Americans; and 

‘‘(ii) such other information and assurances as the Secretary may require. 

‘‘(3) SPECIAL RULES.— 


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‘‘(A) ELIGIBILITY.—No Native American-serving, nontribal institution that 

receives funds under this section shall concurrently receive funds under 

other provisions of this part or part B. 

‘‘(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are 

eligible to receive funds under this section. 

‘‘(C) DISTRIBUTION.—In awarding grants under this section, the Secretary 

shall, to the extent possible and consistent with the competitive process 

under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.’’. 

SEC. 306. STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES. 

(a) DEFINITIONS.—Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting after 

‘‘the Secretary’’ the following: ‘‘, in consultation with the Commissioner of the National Center for Education Statistics,’’. 

(b) AUTHORIZED ACTIVITIES.—Section 323(a) (20 U.S.C. 1062(a)) is amended— 

(1) by redesignating paragraph (12) as paragraph (15); and 

(2) by inserting after paragraph (11) the following new paragraphs: 

‘‘(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 the students’ parents, especially with 

regard to student indebtedness and student assistance programs under the title 

IV. 

‘‘(14) Technical assistance or 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.’’. 

(c) ALLOTMENTS.— 

(1) MINIMUM ALLOTMENT.—Subsection (d) of section 324 (20 U.S.C. 1063(d)) 

is amended to read as follows: 

‘‘(d) MINIMUM ALLOTMENT.—(1) If an otherwise eligible part B institution did not 

enroll any Pell Grant recipients, or did not graduate any students in the previous 

academic year, or where appropriate, send any such graduates on to graduate or 

first-professional degree study, the institution shall not receive a grant under this 

part. 

‘‘(2) If the data provided by an eligible institution, pursuant to this section, is insufficient to justify an award in excess of $500,000, the otherwise eligible institution 

shall receive an allotment of $500,000, except that the Secretary shall not make an 

award of $500,000 if the amount determined based upon the formulas using subsection (b), (c), and (d) would be less than $250,000. If the amount determined by 

the formula would be less than $250,000, the Secretary shall award the minimum 

allotment of $250,000.’’. 

(2) CONDITION 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.—No institution shall receive an allotment 

under this section unless the institution provides data, required by the Secretary 

consistent with the formula in subsections (a) through (c), including the number of 

Pell Grant recipients enrolled in the previous award year; the number of students 

who earned an associate or baccalaureate degree in the previous academic year; 

and, when appropriate, the percentage of graduates who, within the past five years, 

enrolled in a graduate or first-professional degree program. No institution shall receive an allotment, including the minimum allotment under subsection (d), unless 

the institution provides the data required of that institution by the Secretary.’’. 

(d) PROFESSIONAL OR GRADUATE INSTITUTIONS.— 

(1) DURATION OF GRANT.—Section 326(b) (20 U.S.C. 1063b(b)) is amended by 

adding at the end the following new sentence: ‘‘Any funds awarded for such fiveyear grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year 

period.’’. 

(2) AUTHORIZED ACTIVITIES.—Section 326(c) (20 U.S.C. 1063b(c)) is amended— 

(A) by striking ‘‘and’’ at the end of paragraph (6); 

(B) by striking the period at the end of paragraph (7) and inserting a 

semicolon; and 

(C) by adding at the end the following new paragraphs: 

‘‘(8) acquisition of real property 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’ parents, especially with 


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regard to student indebtedness and student assistance programs under the title 

IV; and 

‘‘(10) technical assistance or 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.’’. 

(3) ELIGIBILITY.—Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended— 

(A) by striking ‘‘and’’ at the end of subparagraph (Q); 

(B) by striking the period at the end of subparagraph (R) and inserting 

a semicolon; and 

(C) by adding at the end the following new subparagraphs: 

‘‘(S) Alabama State University qualified graduate programs; 

‘‘(T) Bowie State University qualified graduate programs; 

‘‘(U) Delaware State University qualified graduate programs; 

‘‘(V) Langston University qualified graduate programs; 

‘‘(W) Prairie View A&M University qualified graduate programs; and 

‘‘(X) University of the District of Columbia David A. Clarke School of 

Law.’’. 

(4) 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)’’. 

(5) PRESERVATION OF FUNDING.—Section 326(f) (20 U.S.C. 1063b(f)) is amended— 

(A) in paragraph (1)— 

(i) by striking ‘‘$26,600,000’’ and inserting ‘‘$54,500,000’’; and 

(ii) by striking ‘‘(P)’’ and inserting ‘‘(R)’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘$26,600,000, but not in excess of $28,600,000’’ and inserting ‘‘$54,500,000, but not in excess of $60,500,000’’; and 

(ii) by striking ‘‘subparagraphs (Q) and (R)’’ and inserting ‘‘subparagraphs (S) through (X)’’; and 

(C) in paragraph (3)— 

(i) by striking ‘‘$28,600,000’’ and inserting ‘‘$60,500,000’’; and 

(ii) by striking ‘‘(R)’’ and inserting ‘‘(X)’’. 

(e) 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.’’. 

SEC. 307. 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 new subsection: 

‘‘(l) 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. 308. LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED BY THE DESIGNATED 

BONDING AUTHORITY. 

Section 344(a) (20 U.S.C. 1066c(a)) is amended— 

(1) by striking ‘‘$375,000,000’’ and inserting ‘‘$1,100,000,000’’; 

(2) by striking ‘‘$250,000,000’’ and inserting ‘‘$733,333,333’’; and 

(3) by striking ‘‘$125,000,000’’ and inserting ‘‘$366,666,666’’. 

SEC. 309. 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: 


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‘‘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 underrepresented minority youth engagement in science, technology, engineering, and mathematics through outreach and 

hands-on, experiential-based learning projects that encourage underrepresented minority students in kindergarten through grade 12 to pursue careers in science, technology, engineering, and mathematics. 

‘‘(b) MINIMUM GRANT AMOUNT.—A grant awarded to a partnership under this sub- part 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 5 

years. 

‘‘(d) NON-FEDERAL MATCHING SHARE REQUIRED.—A partnership receiving a grant 

under this subpart shall provide, from non-Federal 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 of 

Education 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 math (STEM) fields 

by encouraging young Americans to enter the those fields. 

‘‘(b) DESIGN OF CAMPAIGN.—Such a campaign shall be designed to enhance the 

image of education and professions in the STEM fields and promote participation 

in the STEM fields and shall include— 

‘‘(1) monitoring trends in youth attitudes toward pursuing education and professions in the STEM fields and their propensity toward entering the STEM 

fields; 

‘‘(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.—Such a campaign shall include components that 

focus tailored messages on appropriate age groups, starting with elementary school 

students. Such a campaign shall 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.—Such a campaign shall hold as a high priority making specific appeals to Latinos, African-Americans, and women, who are currently under-represented 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.—Such a campaign shall make use of a variety 

of media, with an emphasis on television advertising, to reach its intended audience. 

‘‘(f) TEACHING.—Such a campaign 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 and secondary school. 

‘‘SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN. 

‘‘The Secretary shall develop an evaluation and accountability plan for projects 

funded under this subpart to objectively measure the impact of such projects, including 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); 


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(2) in paragraph (4)— 

(A) by inserting ‘‘to include public institutions of higher education’’ after 

‘‘organizations,’’; 

(B) by striking ‘‘or’’ at the end of subparagraph (D); 

(C) by striking the period at the end of subparagraph (E) and inserting 

‘‘; or’’; 

(D) by adding at the end the following new subparagraph: 

‘‘(F) institutions of higher education which have State-approved centers 

for research in science, technology, engineering, and mathematics; or’’; 

(3) by adding at the end the following new paragraph: 

‘‘(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, community-based organizations, philanthropic organizations, or State agencies.’’. 

SEC. 310. TECHNICAL ASSISTANCE. 

Section 391 (20 U.S.C. 1068) is amended by adding at the end the following new 

subsection: 

‘‘(e) 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 title.’’. 

SEC. 311. WAIVER AUTHORITY. 

(a) Section 392 (20 U.S.C. 1068a) is amended by adding at the end the following 

new subsection: 

‘‘(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 the 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 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); and 

‘‘(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 impacted by any formula calculation for fiscal year 2009 or for any of the 4 succeeding fiscal 

years; 

‘‘(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. 

‘‘(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, as such term is defined in section 312(b); 

‘‘(II) an American Indian Tribal College or University, as such 

term is defined in section 316(b); 

‘‘(III) an Alaskan Native-serving institution or Native Hawaiianserving institution, as such terms are defined in section 317(b); or 

‘‘(IV) a part B institution, as such term is defined in section 

322(2), or as identified in section 326(e) of such Act of 1965 (20 

U.S.C. 1063(b)); 

‘‘(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. 312. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATIONS.—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, $150,000,000 (other than sections 316 through 320) for fiscal year 2009, and 

such sums as may be necessary for each of the 4 succeeding fiscal years. 

‘‘(B) There are authorized to be appropriated to carry out section 316, 

$30,000,000 for fiscal year 2009 and such sums as may be necessary for each 

of the 4 succeeding fiscal years. 

‘‘(C) There are authorized to be appropriated to carry out section 317, 

$15,000,000 for fiscal year 2009 and such sums as may be necessary for each 

of the 4 succeeding fiscal years. 

‘‘(D) There are authorized to be appropriated to carry out section 318, 

$75,000,000 for fiscal year 2009 and such sums as may be necessary for each 

of the 4 succeeding fiscal years. 

‘‘(E) There are authorized to be appropriated to carry out section 319, 

$30,000,000 for fiscal year 2009 and such sums as may be necessary for each 

of the 4 succeeding fiscal years. 

‘‘(F) There are authorized to be appropriated to carry out section 320, 

$25,000,000 for fiscal year 2009 and such sums as may be necessary for each 

of the 4 succeeding fiscal years. 

‘‘(2) PART B.—(A) There are authorized to be appropriated to carry out part 

B (other than section 326), $300,000,000 for fiscal year 2009, and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

‘‘(B) There are authorized to be appropriated to carry out section 326, 

$100,000,000 for fiscal year 2009, and such sums as may be necessary for each 

of the 4 succeeding fiscal years. 

‘‘(3) PART C.—There are authorized to be appropriated to carry out part C, 

$20,000,000 for fiscal year 2009, and such sums as may be necessary for each 

of the 4 succeeding fiscal years. 

‘‘(4) PART D.—(A) There are authorized to be appropriated to carry out part 

D (other than section 345(7), but including section 347), $150,000 for fiscal year 

2009, and such sums as may be necessary for each of the 4 succeeding fiscal 

years. 

‘‘(B) There are authorized to be appropriated to carry out section 345(7), such 

sums as may be necessary for fiscal year 2009 and each of the 4 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 4 succeeding fiscal years. 

‘‘(B) There are authorized to be appropriated to carry out subpart 2 of part 

E, $10,000,000 for fiscal year 2009 and such sums as may be necessary for each 

of the 4 succeeding fiscal years.’’. 

(b) MINIMUM GRANT AMOUNT.—Section 399 (20 U.S.C. 1068h) is amended by adding at the end the following: 

‘‘(c) MINIMUM GRANT AMOUNT.—The minimum amount of a grant under this title 

shall be $200,000.’’. 

SEC. 313. TECHNICAL CORRECTIONS. 

(a) AMENDMENTS.—Title III (20 U.S.C. 1051 et seq.) is further amended— 

(1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by striking ‘‘,,’’ and inserting 

‘‘,’’; 

(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)’’; 


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(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’’. 

(b) REDESIGNATION AND RELOCATION.—The Higher Education Act of 1965 is further amended— 

(1) by redesignating part J of title IV (as added by section 802 of the College 

Cost Reduction and Access Act) as part G of title III, and moving such part from 

the end of title IV to the end of title III; and 

(2) by redesignating section 499A (as added by such section) as section 399A. 

TITLE IV—TITLE IV AMENDMENTS 

PART A—PART A AMENDMENTS 

SEC. 401. FEDERAL PELL GRANTS. 

(a) AUTHORIZED MAXIMUMS.—Section 401(b)(2)(A) (20 U.S.C. 1070a(b)(2)(A)) is 

amended to read as follows: 

‘‘(2)(A) The amount of the Federal Pell Grant for a student eligible under this part 

shall be $9,000 for each of the academic years 2009–2010 through 2013–2014, less 

an amount equal to the amount determined to be the expected family contribution 

with respect to that student for that year.’’. 

(b) MULTIPLE GRANTS.— 

(1) AMENDMENT.—Paragraph (5) of section 401(b) is amended to read as follows: 

‘‘(5) YEAR-ROUND PELL GRANTS.—The Secretary shall, for students enrolled in 

a baccalaureate degree, associate’s degree, or certificate program of study at an 

eligible institution, award such students not more than two Pell grants during 

an award year to permit such students to accelerate progress toward their degree or certificate objectives by enrolling in courses for more than 2 semesters, 

or 3 quarters, or the equivalent, in a given academic year.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall be effective July 1, 2009. 

(c) INELIGIBILITY BASED ON INVOLUNTARY CIVIL COMMITMENT FOR SEXUAL OFFENSES.—Paragraph (7) of section 401(b) (as redesignated by section 101(a) of the 

College Cost Reduction and Access Act) is amended 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)’’. 

(d) TECHNICAL AMENDMENT TO CCRAA.—Section 401(b)(9)(F) is amended by striking ‘‘remain available’’ and all that follows and inserting ‘‘remain available for the 

fiscal year succeeding the fiscal year for which such amounts are made available.’’. 

(e) MAXIMUM DURATION OF ELIGIBILITY.—Section 401(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 the equivalent of 18 semesters or 27 quarters in duration, as determined by 

the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a semester or quarter but was enrolled 

at a fraction of full-time, that only that same fraction of such semester or quarter 

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.’’. 

(f) ACADEMIC COMPETITIVENESS GRANTS.—Section 401A (as amended by section 

8003 of Public Law 109–171)— 

(1) in subsection (b), by striking ‘‘academic’’ each place it appears; 

(2) in subsection (c)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘academic’’ and inserting ‘‘award’’; and 

(ii) by striking ‘‘full–time’’; and 

(B) by amending paragraph (1) to read as follows: 

‘‘(1) is an eligible student under section 484, including being enrolled or accepted for enrollment in a degree, certificate, or other eligible program leading 

to a recognized educational credential at an institution of higher education;’’; 

and 

(C) in paragraph (3)— 


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(i) by striking ‘‘academic’’ each place it appears; 

(ii) by striking ‘‘established by a State or local educational agency 

and recognized as such by the Secretary’’ each place it appears in subparagraphs (A)(i) and (B)(i) and inserting ‘‘that prepares students for 

college and work beyond the basic graduation requirements and that is 

recognized as such 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’’; 

(iii) in subparagraph (A)(ii), by inserting ‘‘, except as part of a secondary school program of study’’ before the semicolon; 

(iv) in subparagraph (C)— 

(I) by striking clause (i)(II) and inserting the following: 

‘‘(II) a critical foreign language; and’’; and 

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

‘‘; and’’; and 

(v) by adding at the end the following: 

‘‘(D) the third or fourth year of a program of undergraduate education at 

an institution of higher education (as defined in section 101(a)) that demonstrates, to the satisfaction of the Secretary, that the institution— 

‘‘(i) offers a single liberal arts curriculum leading to a baccalaureate 

degree, under which students are not permitted by the institution to 

declare a major in a particular subject area, and those students— 

‘‘(I) study, in such years, a subject described in subparagraph 

(C)(i) that is at least equal to the requirements for an academic 

major at an institution of higher education that offers a baccalaureate degree in such subject, as certified by an appropriate official from the institution; or 

‘‘(II) has obtained a cumulative grade point average of at least 

3.0 (or the equivalent as determined under regulations prescribed 

by the Secretary) in the relevant coursework; and 

‘‘(ii) offered such curriculum prior to February 8, 2006.’’; 

(3) in subsection (d)— 

(A) in paragraph (1)(A)— 

(i) in clause (i), by inserting ‘‘for one academic year during the student’s first year of enrollment’’ after ‘‘$750’’; 

(ii) in clause (ii), by inserting ‘‘for one academic year during the student’s second year of enrollment’’ after ‘‘$1,300’’; and 

(iii) in clause (iii)— 

(I) by inserting ‘‘for one academic year’’ after ‘‘$4,000’’; and 

(II) by striking ‘‘subsection (c)(3)(C).’’ and inserting ‘‘subparagraph (C) or (D) of subsection (c)(3), for each of the 2 years described in such subparagraphs; or’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘an academic’’ and inserting ‘‘a’’; and 

(II) by striking ‘‘(B), or (C)’’ and inserting ‘‘(B), (C), or (D)’’; and 

(ii) in subparagraph (B)— 

(I) by striking ‘‘or’’ at the end of clause (ii); and 

(II) by striking clause (iii) and inserting the following: 

‘‘(iii) two academic years under subsection (c)(3)(C); or 

‘‘(iv) two academic years under subsection (c)(3)(D).’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(3) ADJUSTMENT FOR LESS THAN FULL-TIME ENROLLMENT.—A grant awarded 

under this section to an eligible student who attends an eligible institution on 

a less than full-time (but at least half-time or more) basis shall be reduced in 

the same proportion as would a Federal Pell Grant pursuant to section 

401(b)(2)(B).’’; and 

(4) in subsection (g), by striking ‘‘academic’’ and inserting ‘‘award’’. 

SEC. 402. 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 ‘‘community-based organizations with experience in 

serving disadvantaged youth’’ after ‘‘private agencies and organizations’’; and 

(ii) by striking ‘‘in exceptional circumstances,’’; 

(B) in paragraph (2)— 


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(i) in the matter preceding subparagraph (A), by striking ‘‘4’’ and inserting ‘‘5’’; 

(ii) by striking subparagraph (A); and 

(iii) by redesignating subparagraphs (B) and (C) as subparagraphs 

(A) and (B), respectively; and 

(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), by striking ‘‘service delivery’’ and inserting ‘‘high 

quality service delivery, as determined under subsection (f),’’; 

(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’’; and 

(D) in paragraph (6), by adding at the end the following new sentence: 

‘‘The Secretary shall require each applicant for funds under the programs 

authorized by this chapter to identify services to foster care youth as a permissible service in those programs, and to ensure that such youth receive 

supportive services, including mentoring, tutoring, and other services provided by those programs.’’; 

(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 (i)(4), individuals who are 

homeless or unaccompanied youth as defined in section 725 of the McKinney-Vento 

Homeless Assistance Act shall be eligible to participate in programs under sections 

402B, 402C, 402D, and 402F of this chapter.’’; 

(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.—The Secretary shall use the 

outcome criteria described in paragraphs (2) and (3) to evaluate the programs 

provided by a recipient of a grant under this chapter, and the Secretary shall 

determine an eligible entity’s prior experience of high quality service delivery, 

as required under subsection (c)(2), based on the outcome criteria. 

‘‘(2) DISAGGREGATION OF RELEVANT DATA.—The outcome criteria under this 

subsection shall be disaggregated by low-income students, first generation college students, and individuals with disabilities, in the schools and institutions 

of higher education served by the program to be evaluated. 

‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The outcome criteria under this subsection shall measure, annually and for longer periods, the quality and effectiveness of programs authorized under this chapter and shall include the following: 

‘‘(A) For programs authorized under section 402B, the extent to which the 

eligible entity met or exceeded the entity’s objectives established in the entity’s application for such program regarding— 

‘‘(i) the delivery of service to a total number of students served by the 

program; 

‘‘(ii) the continued secondary school enrollment of such students; 

‘‘(iii) the graduation of such students from secondary school; 

‘‘(iv) the completion by such students of a rigorous secondary school 

program of study that will make them eligible for programs such as the 

Academic Competitiveness Grants; and 

‘‘(v) the enrollment of such students in an institution of higher education. 

‘‘(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; 


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‘‘(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 them eligible for programs such as the 

Academic Competitiveness Grants; and 

‘‘(vi) the enrollment of such students in an institution of higher education. 

‘‘(C) For programs authorized under section 402D— 

‘‘(i) the extent to which the eligible entity met or exceeded the entity’s objectives regarding the retention in postsecondary education of the 

students served by the program; 

‘‘(ii)(I) in the case of an entity that is an institution of higher education offering a baccalaureate degree, the extent to which the percentage of students served by the program who completed degree programs 

met or exceeded the entity’s objectives; or 

‘‘(II) in the case of an entity that is an institution of higher education 

that does not offer a baccalaureate degree, the extent to which the students served by the entity met or exceeded s objectives regarding— 

‘‘(aa) the completion of a degree or certificate; and 

‘‘(bb) the transfer to institutions of higher education that offer 

baccalaureate degrees; 

‘‘(iii) the extent to which the entity met or exceeded the entity’s objectives regarding the delivery of service to a total number of students, as 

agreed upon by the entity and the Secretary for the period; and 

‘‘(iv) the extent to which the entity met or exceeded the entity’s objectives regarding such students remaining in good academic standing. 

‘‘(D) For programs authorized under section 402E, the extent to which the 

entity met or exceeded the entity’s objectives for such program regarding— 

‘‘(i) the delivery of service to a total number of students, as agreed 

upon by the entity and the Secretary for the period; 

‘‘(ii) the provision of appropriate scholarly and research activities for 

the students served by the program; 

‘‘(iii) the acceptance and enrollment of such students in graduate programs; and 

‘‘(iv) the continued enrollment of such students in graduate study and 

the attainment of doctoral degrees by former program participants. 

‘‘(E) For programs authorized under section 402F, the extent to which the 

entity met or exceeded the entity’s objectives for such program regarding— 

‘‘(i) the enrollment of students without a secondary school diploma or 

its recognized equivalent, who were served by the program, in programs leading to such diploma or equivalent; 

‘‘(ii) the enrollment of secondary school graduates who were served 

by the program in programs of postsecondary education; 

‘‘(iii) the delivery of service to a total number of students, as agreed 

upon by the entity and the Secretary for the period; and 

‘‘(iv) the provision of assistance to students served by the program in 

completing financial aid applications and college admission applications. 

‘‘(4) MEASUREMENT OF PROGRESS.—In order to determine the extent to which 

an outcome criterion described in paragraph (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 for funding by the Secretary, with 

the results for the criterion, measured as of the last day of the applicable time 

period for the determination for each outcome criteria. 

‘‘(5) APPEALS.—Upon determination by the Secretary not to accept an application, or upon determination by the Secretary through the peer review process 

as specified in (c)(4) not to fund an application, for any program under this 

chapter, the Secretary shall allow such applicant to appeal to an administrative 

law judge that the Secretary improperly rejected or improperly scored the evaluation criteria points. The Secretary shall notify each entity requesting assistance under this chapter regarding the status of their application at least 90 

days prior to the startup date of such program.’’; 

(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 ‘‘$950,000,000 for fiscal year 2009 and such sums for each of the 4 succeeding fiscal years.’’; and 

(B) by striking the fourth sentence; and 

(7) in subsection (h) (as redesignated by paragraph (4))— 


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(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 180 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 101(a)(13) of title 10, United States Code) on or after 

September 11, 2001.’’; and 

(D) in paragraph (6), by striking ‘‘subparagraph (A) or (B) of paragraph 

(3)’’ and inserting ‘‘subparagraph (A), (B), or (C) of paragraph (5)’’. 

(b) UPWARD BOUND.—Section 402C (20 U.S.C. 1070a–13) is amended— 

(1) in subsection (b)(11), by inserting ‘‘, including mathematics and science 

preparation,’’ after ‘‘special services’’; and 

(2) by adding at the end the following: 

‘‘(f) ABSOLUTE PRIORITY PROHIBITED IN UPWARD BOUND PROGRAM.—Except as otherwise expressly provided by amendment to this section, the Secretary shall not implement or enforce, and shall rescind, the absolute priority for Upward Bound Program participant selection and evaluation published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.).’’. 

(c) AMENDMENT TO POSTBACCALAUREATE ACHIEVEMENT PROGRAM.—Section 

402E(c)(2) (20 U.S.C. 1070a–15(c)(2)) is amended by inserting ‘‘, including Native 

Hawaiians, as defined section 317(b)(3), and Pacific Islanders’’ after ‘‘graduate education’’. 

(d) 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.—The Secretary shall submit annually to the authorizing committees a report that documents the performance of 

all programs funded under this chapter. The report shall— 

‘‘(1) be submitted not later than 24 months after the eligible entities receiving 

funds under this chapter are required to report their performance to the Secretary; 

‘‘(2) focus on the programs’ performance on the relevant outcome criteria determined under section 402A(f)(4); 

‘‘(3) aggregate individual project performance data on the outcome criteria in 

order to provide national performance data for each program; 


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‘‘(4) include, when appropriate, descriptive data, multi-year data, and multicohort data; and 

‘‘(5) include comparable data on the performance nationally of low-income students, first-generation students, and students with disabilities.’’; and 

(4) in subsection (b) (as redesignated by paragraph (2)), by striking paragraph 

(2) and inserting the following: 

‘‘(2) PRACTICES.— 

‘‘(A) IN GENERAL.—The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are particularly effective in— 

‘‘(i) enhancing the access of low-income individuals and first-generation college students to postsecondary education; 

‘‘(ii) the preparation of the individuals and students for postsecondary 

education; and 

‘‘(iii) fostering the success of the individuals and students in postsecondary education. 

‘‘(B) PRIMARY PURPOSE.—Any evaluation conducted under this chapter 

shall have as its primary purpose the identification of particular practices 

that further the achievement of the outcome criteria determined under section 402A(f)(4). 

‘‘(C) DISSEMINATION AND USE OF EVALUATION FINDINGS.—The Secretary 

shall disseminate to eligible entities and make available to the public the 

practices identified under subparagraph (B). Such practices may be used by 

eligible entities that receive assistance under this chapter after the dissemination. 

‘‘(3) RECRUITMENT.—The Secretary shall not require an eligible entity desiring 

to receive assistance under this chapter to recruit students to serve as a control 

group for purposes of evaluating any program or project assisted under this 

chapter. 

‘‘(4) CONSIDERATION.—When designing an evaluation under this subsection, 

the Secretary shall consider— 

‘‘(A) the burden placed upon the program participants or the eligible entity; and 

‘‘(B) approval by the institution’s institutional review board.’’. 

SEC. 403. GEARUP AMENDMENTS. 

(a) ELIGIBLE STUDENTS.—Section 404A(a) (20 U.S.C. 1070a–21(a)) is amended— 

(1) in paragraph (1), by inserting ‘‘, including students with disabilities,’’ after 

‘‘low-income students’’; and 

(2) in paragraph (2)(A), by inserting ‘‘, including students with disabilities,’’ 

after ‘‘secondary school students’’. 

(b) AWARD PERIOD; PRIORITY.—Section 404A(b) (20 U.S.C. 1070a–21(b)) is amended 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 7 

years. 

‘‘(3) PRIORITY.—In making awards to eligible entities described in subsection 

(c)(1), the Secretary shall— 

‘‘(A) give priority to eligible entities that— 

‘‘(i) on the day before the date of enactment of the College Opportunity and Affordability Act of 2007, 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 College Opportunity and Affordability Act of 2007 

continue to receive assistance through the completion of secondary school.’’. 

(c) REQUIREMENTS: CONTINUITY OF SERVICES.— 

(1) COHORT APPROACH.—Section 404B(g)(1) (20 U.S.C. 1070a–22(g)(1)) is 

amended— 

(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’’ after ‘‘grade level’’; and 

(ii) by striking the period at the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 


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72 

‘‘(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.’’. 

(2) EARLY INTERVENTION.—Section 404D (20 U.S.C. 1070a–24) is amended— 

(A) in subsection (a)(1)(B)— 

(i) by striking ‘‘and’’ at the end of clause (ii); 

(ii) by striking the period at the end of clause (iii) and inserting ‘‘; 

and’’; and 

(iii) by adding at the end the following new clause: 

‘‘(iv) the transition to college or postsecondary education through continuity of services to support students in and through the first year of 

attendance at an institution of higher education.’’; 

(B) in subsection (b)(2)(A)— 

(i) by inserting ‘‘and students in the first year of attendance at an 

institution of higher education’’ after ‘‘grade 12’’; 

(ii) by striking ‘‘and’’ at the end of clause (i); 

(iii) by striking the period at the end of clause (ii) and inserting ‘‘; 

and’’; and 

(iv) by adding at the end the following new clause: 

‘‘(iii) may include special programs or tutoring in science, technology, 

engineering, or mathematics.’’; and 

(C) in subsection (c)— 

(i) in the matter preceding paragraph (1), by striking ‘‘grade 12 who 

is eligible’’ and inserting ‘‘grade 12, and may consider a student in the 

first year of attendance at an institution, who is’’; 

(ii) in paragraph (1), by inserting ‘‘eligible’’ before ‘‘to be counted’’; 

(iii) in paragraph (2), by inserting ‘‘eligible’’ before ‘‘for free’’, and by 

striking ‘‘or’’; 

(iv) in paragraph (3), by inserting ‘‘eligible’’ before ‘‘for assistance’’, 

and by striking the period and inserting a semicolon; and 

(v) by adding at the end the following new paragraphs: 

‘‘(4) in foster care; or 

‘‘(5) a homeless or unaccompanied youth as defined in section 725 of the 

McKinney-Vento Homeless Assistance Act.’’. 

(d) FLEXIBILITY IN MEETING MATCHING REQUIREMENTS.—Section 404C (20 U.S.C. 

1070a–23) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)(A), by inserting ‘‘and accrued over the full duration 

of the grant award period’’ after ‘‘in cash or in kind’’; 

(B) in paragraph (2), by adding at the end the following new sentence: 

‘‘Eligible entities may request a reduced match percentage at the time of 

application or by petition subsequent to a grant award, provided that an 

eligible entity can demonstrate a change in circumstances that was unknown at the time of application.’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(3) ADDITIONAL SPECIAL RULE.—To encourage eligible entities described in 

404A(c) to provide students under this chapter with financial assistance for 

postsecondary education, each dollar of non-Federal funds obligated under subsection (c)(1) and (c)(2) shall, for purposes of paragraph (1)(A) of this subsection, 

be treated as 2 dollars.’’; and 

(2) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘paid to students from State, local, institutional, or private funds under this chapter’’ and inserting ‘‘obligated to 

students from State, local, institutional, or private funds under this chapter, including pre-existing , non-Federal financial assistance programs’’; 

(B) by striking ‘‘and’’ at the end of paragraph (2); 

(C) by striking the period at the end of paragraph (3) and inserting ‘‘; 

and’’; and 

(D) by adding at the end the following new paragraph: 

‘‘(4) other resources recognized by the Secretary, including equipment and 

supplies, cash contribution from non-Federal sources, transportation expenses, 

in-kind or discounted program services, indirect costs, and facility usage.’’. 

(e) EARLY INTERVENTION.—Section 404D (20 U.S.C. 1070a–24) is amended— 

(1) in subsection (b)(2)(A)(ii), by striking ‘‘and academic counseling’’ and inserting ‘‘, academic counseling, and financial literacy and economic literacy education or counseling’’; 

(2) in subsection (b)(2), by adding at the end the following new subparagraphs: 


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‘‘(F) 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. 

‘‘(G) Engaging entities described in section 404A(c)(2)(C) in a collaborative manner to provide matching resources and participate in other activities authorized under this section. 

‘‘(H) Disseminating information that promotes the importance of higher 

education, explains college preparation and admission requirements, and 

raises awareness of the resources and services provided by the eligible entities described in section 404A(c) to eligible students, their families, and 

communities.’’; and 

(3) by adding at the end of subsection (b) the following new paragraph: 

‘‘(3) ADDITIONAL PERMISSIBLE ACTIVITIES FOR STATES.—In meeting the requirements of subsection (a), an eligible entity described in section 404A(c) (1) receiving funds under this chapter may, in addition to the activities authorized by 

paragraph (2) of this subsection, use funds to provide technical assistance to— 

‘‘(A) middle schools or secondary schools that are located within the State; 

or 

‘‘(B) partnerships described in section 404A(c)(2) that are located within 

the State.’’. 

(f) SCHOLARSHIP COMPONENT.—Section 404E (20 U.S.C. 1070a–25) is amended— 

(1) in subsection (a)(1), by inserting ‘‘to supplement aid for which they are 

regularly eligible’’ after ‘‘shall establish or maintain a financial assistance program that awards scholarships to students’’; 

(2) in subsection (a)(2), by inserting ‘‘to supplement aid for which they are 

regularly eligible’’ after ‘‘An eligible entity described in section 404A(c)(2) may 

award scholarships to eligible students’’; and 

(3) in subsection (b)(2), by striking ‘‘the maximum Federal Pell Grant’’ and 

inserting ‘‘the minimum Federal Pell Grant’’. 

(g) AUTHORIZATION OF APPROPRIATIONS.—Section 404H (20 U.S.C. 1070a–31) is 

amended by striking ‘‘$200,000,000 for fiscal year 1999 and such sums as may be 

necessary for each of the 4 succeeding fiscal years’’ and inserting ‘‘$400,000,000 for 

fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding 

fiscal years’’. 

SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS. 

Chapter 3 of subpart 1 of part A of title IV (20 U.S.C. 1070a–31 et seq.) is repealed. 

SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 413A(b)(1) (20 U.S.C. 

1070b(b)(1)) is amended by striking ‘‘$675,000,000 for fiscal year 1999’’ and inserting 

‘‘$875,000,000 for fiscal year 2009’’. 

(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’’. 

SEC. 406. GRANTS FOR ACCESS AND PERSISTENCE. 

(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 4 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.’’. 

(b) APPLICATIONS FOR LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAMS.—Section 415C(b) (20 U.S.C. 1070c–2(b)) is amended— 

(1) in paragraph (2), by striking ‘‘$5,000’’ and inserting ‘‘$12,500’’; 

(2) in paragraph (9), by striking ‘‘and’’ after the semicolon; 

(3) in paragraph (10), 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 and the State.’’. 

(c) GRANTS FOR ACCESS AND PERSISTENCE.—Section 415E (20 U.S.C. 1070c–3a) is 

amended to read as follows: 


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‘‘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 to carry 

out activities under this section and to provide coordination and cohesion among 

Federal, State, and local governmental and private efforts that provide financial 

assistance to help low-income students attend college; 

‘‘(2) provide need-based access and persistence grants to eligible low-income 

students; 

‘‘(3) provide early notification to low-income students of their 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 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 its application under subsection (c), the Secretary shall make an allotment to such State that is not less than the 

allotment made to such State for the previous fiscal year. 

‘‘(ii) PRIORITY.—The Secretary shall give priority in making allotments to States that meet the requirements under 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 equal to 57 percent if a State applies for an allotment under this section in partnership with any number of degreegranting 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 equal to 66.66 percent if a State applies for an 

allotment under this section in partnership with any number of degreegranting 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 nonFederal 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 NEEDS ANALYSIS.—For the purpose of calculating a 

student’s need in accordance with part F, an in kind contribution deVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00076 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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scribed in clause (ii) shall 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 shall submit an application to the Secretary at such time, in such 

manner, and containing such information as the Secretary may require. 

‘‘(B) CONTENT.—An application submitted under subparagraph (A) shall 

include the following: 

‘‘(i) A description of the State’s plan for using the allotted funds. 

‘‘(ii) Assurances that the State will provide 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 and include provisions designed to ensure 

that funds provided under this section will be used to supplement, and 

not supplant, Federal and non-Federal funds available for carrying out 

the activities under this title. A State that uses non-Federal funds to 

create or expand existing partnerships with nonprofit organizations or 

community-based organizations in which such organizations match 

State funds for student scholarships, may apply such matching funds 

from such organizations toward fulfilling the State’s matching obligation under this clause. 

‘‘(iii) Assurances that early information and intervention, mentoring, 

or outreach programs exist within the State or that there is a plan to 

make such programs widely available. 

‘‘(iv) A description of the organizational structure that the State has 

in place to administer the activities under subsection (d). 

‘‘(v) A description of the steps the State will take to ensure students 

who receive grants under this section persist to degree completion. 

‘‘(vi) Assurances 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. 

‘‘(vii) Assurances that the State will provide notification to eligible 

low-income students that grants under this section are— 

‘‘(I) Leveraging Educational Assistance Partnership Grants; and 

‘‘(II) funded by the Federal Government and the State. 

‘‘(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 degree-granting institution 

of higher education that are located in the State; 

‘‘(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 matching 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 degreegranting institution of higher education (as defined in section 102) that is 

in a partnership receiving an allotment under this section— 


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‘‘(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 an access 

and persistence grant under this section and are enrolled at such 

institution; and 

‘‘(III) assist the State in the identification of eligible students and 

the dissemination of early notifications of assistance as agreed to 

with the State agency; and 

‘‘(ii) may provide funding for early information and intervention, 

mentoring, or outreach programs or provide such services directly. 

‘‘(C) PROGRAMS.—An early information and intervention, mentoring, or 

outreach program that is in a partnership receiving an allotment under this 

section shall provide direct services, support, and information to participating students. 

‘‘(D) PHILANTHROPIC ORGANIZATION OR PRIVATE CORPORATION.—A philanthropic organization or private corporation that is in a partnership receiving an allotment under this section shall provide funds for access and persistence grants 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 

access and persistence grants 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.— 

‘‘(i) PARTNERSHIPS WITH INSTITUTIONS SERVING LESS THAN A MAJORITY

OF STUDENTS IN THE STATE.— 

‘‘(I) IN GENERAL.—In the case where a State receiving an allotment under this section is in a partnership described in subsection 

(b)(2)(B)(i), the amount of an access and persistence grant awarded 

by such State shall be not less than the amount that is equal to 

the average undergraduate tuition and mandatory fees at 4-year 

public institutions of higher education in the State where the student resides (less any other Federal or State sponsored grant 

amount, college work study amount, and scholarship amount received by the student) and such amount shall be used toward the 

cost of attendance at an institution of higher education, located in 

the State, that is a partner in the partnership. 

‘‘(II) COST OF ATTENDANCE.—A State that has a program, apart 

from the partnership under this section, of providing eligible lowincome students with grants that are equal to the average undergraduate tuition and mandatory fees at 4-year public institutions 

of higher education in the State, may increase the amount of access 

and persistence grants awarded by such State up to an amount 

that is equal to the average cost of attendance at 4-year public institutions of higher education in the State (less any other Federal 

or State sponsored grant amount, college work study amount, and 

scholarship amount received by the student). 

‘‘(ii) PARTNERSHIP WITH INSTITUTIONS SERVING THE MAJORITY OF STUDENTS IN THE STATE.—In the case where a State receiving an allotment 

under this section is in a partnership described in subsection 

(b)(2)(B)(ii), the amount of an access and persistence grant awarded by 

such State shall be not less than the average cost of attendance at 4- 

year public institutions of higher education in the State where the student resides (less any other Federal or State sponsored grant amount, 

college work study amount, and scholarship amount received by the 

student) and such amount shall be used by the student to attend an 

institution of higher education, located in the State, that is a partner 

in the partnership. 

‘‘(2) EARLY NOTIFICATION.— 

‘‘(A) IN GENERAL.—Each State receiving an allotment under this section 

shall annually notify low-income students (such as students who are eligible to receive a free lunch under the school lunch program established 

under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 

et seq.)) in grade 7 through grade 12 in the State, and their families, of 


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77 

their potential eligibility for student financial assistance, including an access and persistence grant, to attend an institution of higher education. 

‘‘(B) CONTENT OF NOTICE.—The notification under subparagraph (A)— 

‘‘(i) shall include— 

‘‘(I) information about early information and intervention, mentoring, or outreach programs available to the student; 

‘‘(II) information that a student’s candidacy for an access and 

persistence grant is enhanced through participation in an early information and intervention, mentoring, or outreach program; 

‘‘(III) an explanation that student and family eligibility and participation in other Federal means-tested programs may indicate eligibility for an access and persistence grant and other student aid 

programs; 

‘‘(IV) a nonbinding estimation of the total amount of financial aid 

a low-income student with a similar income level may expect to receive, including an estimation of the amount of an access and persistence grant and an estimation 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 an access and 

persistence grant, at a minimum, a student shall meet the requirement under paragraph (3), graduate from secondary school, and enroll at an institution of higher education that is a partner in the 

partnership; 

‘‘(VI) information on any additional requirements (such as a student pledge detailing student responsibilities) that the State may 

impose for receipt of an access and persistence grant under this 

section; and 

‘‘(VII) instructions on how to apply for an access and persistence 

grant 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 access and persistence grant 

awards are contingent upon— 

‘‘(I) a determination of the student’s financial eligibility at the 

time of the student’s enrollment at an institution of higher education that is a partner in the partnership; 

‘‘(II) annual Federal and State appropriations; and 

‘‘(III) other aid received by the student at the time of the student’s enrollment at an institution of higher education that is a 

partner in the partnership. 

‘‘(3) ELIGIBILITY.—In determining which students are eligible to receive access 

and persistence grants, the State shall ensure that each such student complies 

with the following subparagraph (A) or (B): 

‘‘(A) Meets not less than 2 of the following criteria, with priority given 

to students meeting all of the following criteria: 

‘‘(i) Has an expected family contribution equal to zero (as described 

in section 479) or a comparable alternative based upon the State’s approved criteria in section 415C(b)(4). 

‘‘(ii) Has qualified for a free lunch, or at the State’s discretion a reduced price lunch, under the school lunch program established under 

the Richard B. Russell National School Lunch Act. 

‘‘(iii) Qualifies for the State’s maximum undergraduate award, as authorized under section 415C(b). 

‘‘(iv) Is participating in, or has participated in, a Federal, State, institutional, or community early information and intervention, mentoring, 

or outreach program, as recognized by the State agency administering 

activities under this section. 

‘‘(B) Is receiving, or has received, an access and persistence grant under 

this section, in accordance with paragraph (5). 

‘‘(4) GRANT AWARD.—Once a student, including a student who has 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 to be eligible by the State under paragraph (3), the State shall— 

‘‘(A) issue the student a preliminary access and persistence grant award 

certificate with tentative award amounts; and 


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78 

‘‘(B) inform the student that payment of the access and persistence grant 

award amounts is subject to certification of enrollment and award eligibility 

by the institution of higher education. 

‘‘(5) DURATION OF AWARD.—An eligible student that receives an access and 

persistence grant 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 baccalaureate degree completion. 

‘‘(e) ADMINISTRATIVE COST ALLOWANCE.—A State that receives an allotment under 

this section may reserve not more than 3.5 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 section, a waiver for such institution from statutory or regulatory requirements that inhibit the ability of the institution to successfully and efficiently participate in the activities of the partnership. 

‘‘(g) APPLICABILITY RULE.—The provisions of this subpart which are not inconsistent with this section shall apply to the program authorized by this section. 

‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.—Each State receiving an allotment 

under this section for a fiscal year shall provide the Secretary 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 such 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 its total expenditures for need-based grants, scholarships, and work-study assistance for fiscal year 1999 (including any such assistance provided under this subpart). 

‘‘(j) REPORTS.—Not later than 3 years after the date of enactment of the College 

Opportunity and Affordability Act of 2007, and annually thereafter, the Secretary 

shall submit a report describing the activities and the impact of the partnerships 

under this section to the authorizing committees.’’. 

(d) CONTINUATION AND TRANSITION.—During the 2-year period commencing on the 

date of enactment of this Act, the Secretary shall continue to award grants under 

section 415E of the Higher Education Act of 1965 (20 U.S.C. 1070c–3a), as such section existed on the day before the date of enactment of this Act, to States that 

choose to apply for grants under such predecessor section. 

(e) IMPLEMENTATION AND EVALUATION.—Section 491(j) (20 U.S.C. 1098(j)) is 

amended— 

(1) in paragraph (4), by striking ‘‘and’’ after the semicolon; 

(2) by redesignating paragraph (5) as paragraph (6); and 

(3) by inserting after paragraph (4) the following: 

‘‘(5) not later than 6 months after the date of enactment of the College Opportunity and Affordability Act of 2007, advise the Secretary on means to implement the activities under section 415E, and the Advisory Committee shall continue to monitor, evaluate, and make recommendations on the progress of partnerships that receive allotments under such section; and’’. 

SEC. 407. 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: 


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‘‘(9) other activities to improve persistence and retention in postsecondary 

education.’’; 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘parents’’ and inserting ‘‘immediate family’’; and 

(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 2-year institutions of higher education, encouraging the students to transfer to 4-year institutions of higher education, where 

appropriate, and monitoring the rate of transfer of such students.’’; 

(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 OF FUNDS.—From the amounts made available under subsection 

(i), the Secretary may reserve not more than a total of 1⁄2 of 1 percent for outreach 

activities, technical assistance, and professional development programs relating to 

the programs under subsection (a).’’; 

(7) by striking subsection (h) (as redesignated by paragraph (5)) and inserting 

the following: 

‘‘(h) DATA COLLECTION.—The Commissioner for Education Statistics shall— 

‘‘(1) annually collect data on persons receiving services authorized under this 

subpart regarding such persons rates of secondary school graduation, entrance 

into postsecondary education, and completion of postsecondary education; 

‘‘(2) not less often than once every 2 years, prepare and submit to the authorizing committees a report based on the most recently available data under paragraph (1) to the authorizing committees; and 

‘‘(3) make such report available to the public.’’; and 

(8) in subsection (i) (as redesignated by paragraph (5))— 

(A) in paragraph (1), by striking ‘‘$15,000,000 for fiscal year 1999’’ and 

all that follows through the period and inserting ‘‘such sums as may be necessary for fiscal year 2009 and each of the 4 succeeding fiscal years.’’; and 

(B) in paragraph (2), by striking ‘‘$5,000,000 for fiscal year 1999’’ and all 

that follows through the period and inserting ‘‘such sums for fiscal year 

2009 and each of the 4 succeeding fiscal years.’’. 

SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM. 

Subpart 6 of part A of title IV is amended to read as follows: 


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‘‘Subpart 6—Robert C. Byrd American Competitiveness 

Program 

‘‘SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE HONORS SCHOLARSHIP PROGRAM. 

‘‘(a) PURPOSE.—The purpose of this section is to award scholarships to students 

who are enrolled in studies leading to baccalaureate and advanced degrees in physical, life, or computer sciences, mathematics, or engineering. 

‘‘(b) DEFINITIONS.—As used in this section— 

‘‘(1) the term ‘computer science’ means the branch of knowledge or study of 

computers, including such fields of knowledge or study as computer hardware, 

computer software, computer engineering, information systems, and robotics; 

‘‘(2) the term ‘eligible student’ means a student who— 

‘‘(A) is a citizen of the United States; 

‘‘(B) is selected by the managing agent to receive a scholarship; 

‘‘(C) is enrolled full-time in an institution of higher education, other than 

a United States service academy; and 

‘‘(D) has shown a commitment to and is pursuing a major in studies leading to a baccalaureate, masters, or doctoral degree (or a combination thereof) in physical, life, or computer sciences, mathematics, or engineering; 

‘‘(3) the term ‘engineering’ means the science by which the properties of matter and the sources of energy in nature are made useful to humanity in structures, machines, and products, as in the construction of engines, bridges, buildings, mines, and chemical plants, including such fields of knowledge or study 

as aeronautical engineering, chemical engineering, civil engineering, electrical 

engineering, industrial engineering, materials engineering, manufacturing engineering, and mechanical engineering; 

‘‘(4) the term ‘life sciences’ means the branch of knowledge or study of living 

things, including such fields of knowledge or study as biology, biochemistry, biophysics, microbiology, genetics, physiology, botany, zoology, ecology, and behavioral biology, except that the term does not encompass social psychology or the 

health professions; 

‘‘(5) the term ‘managing agent’ means an entity to which an award is made 

under subsection (c) to manage a program of Mathematics and Science Honors 

Scholarships; 

‘‘(6) the term ‘mathematics’ means the branch of knowledge or study of numbers and the systematic treatment of magnitude, relationships between figures 

and forms, and relations between quantities expressed symbolically, including 

such fields of knowledge or study as statistics, applied mathematics, and operations research; and 

‘‘(7) the term ‘physical sciences’ means the branch of knowledge or study of 

the material universe, including such fields of knowledge or study as astronomy, 

atmospheric sciences, chemistry, earth sciences, ocean sciences, physics, and 

planetary sciences. 

‘‘(c) AWARD.— 

‘‘(1)(A) From funds appropriated under section 419F to carry out this section, 

the Secretary is authorized, through a grant or cooperative agreement, to make 

an award to a private, non-profit organization, other than an institution of higher education or system of institutions of higher education, to manage, through 

a public and private partnership, a program of Mathematics and Science Honors 

Scholarships under this section. 

‘‘(B) The award under subparagraph (A) shall be for a five-year period. 

‘‘(2)(A) One hundred percent of the funds awarded under paragraph (1)(A) for 

any fiscal year shall be obligated and expended solely on scholarships to eligible 

students. 

‘‘(B) No Federal funds shall be used to provide more than 50 percent of the 

cost of any scholarship to an eligible student. 

‘‘(C) The maximum scholarship award shall be the difference between an eligible student’s cost of attendance minus any non-loan based aid such student 

receives. 

‘‘(3)(A) The Secretary may establish— 

‘‘(i) eligibility criteria for applicants for managing agent, including criteria 

regarding financial and administrative capability; and 

‘‘(ii) operational standards for the managing agent, including management and performance requirements, such as audit, recordkeeping, record 

retention, and reporting procedures and requirements. 

‘‘(B) The Secretary, as necessary, may review and revise any criteria, standards, and rules established under this paragraph and, through the agreement 

with the managing agent, see that any revisions are implemented. 


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‘‘(4) If the managing agent fails to meet the requirements of this section the 

Secretary may terminate the award to the managing agent. 

‘‘(5) The Secretary shall conduct outreach efforts to help raise awareness of 

the Mathematics and Science Honors Scholarships. 

‘‘(d) DUTIES OF THE MANAGING AGENT.—The managing agent shall— 

‘‘(1) develop criteria to award Mathematics and Science Honors Scholarships 

based on established measurements available to secondary students who wish 

to pursue degrees in physical, life, or computer sciences, mathematics, or engineering; 

‘‘(2) establish a Mathematics and Science Honors Scholarship Fund in a separate, named account that clearly discloses the amount of Federal and non-Federal funds deposited in the account and used for scholarships under this section; 

‘‘(3) solicit funds for scholarships and for the administration of the program 

from non-Federal sources; 

‘‘(4) solicit applicants for scholarships; 

‘‘(5) from the amounts in the Fund, award scholarships to eligible students 

and transfer such funds to the institutions of higher education that they attend; 

‘‘(6) annually submit to the Secretary a financial audit and a report on the 

progress of the program, and such other documents as the Secretary may require to determine the effective management of the program; and 

‘‘(7) shall not develop a criteria that discriminates against a student based on 

the type of program in which the student completed his or her secondary education. 

‘‘(e) APPLICATIONS.— 

‘‘(1) Any eligible entity that desires to be the managing agent under this section shall submit an application to the Secretary, in such form and containing 

such information, as the Secretary may require. 

‘‘(2) Each application shall include a description of— 

‘‘(A) how the applicant meets or will meet requirements established under 

subsections (c)(3)(A) and (d); 

‘‘(B) how the applicant will solicit funds for scholarships and for the administration of the program from non-Federal sources; 

‘‘(C) how the applicant will provide nationwide outreach to inform students about the program and to encourage students to pursue degrees in 

physical, life, or computer sciences, mathematics, or engineering; 

‘‘(D) how the applicant will solicit applications for scholarships, including 

how the applicant will balance efforts in urban and rural areas; 

‘‘(E) the selection criteria based on established measurements available to 

secondary students the applicant will use to award scholarships and to 

renew those awards; 

‘‘(F) how the applicant will inform the institution of higher education chosen by the recipient of the name and scholarship amount of the recipient; 

‘‘(G) what procedures and assurances the applicant and the institution of 

higher education that the recipient attends will use to verify student eligibility, attendance, degree progress, and academic performance and to deliver and account for payments to such institution; 

‘‘(H) the management (including audit and accounting) procedures the applicant will use for the program; 

‘‘(I) the human, financial, and other resources that the applicant will need 

and use to manage the program; 

‘‘(J) how the applicant will evaluate the program and report to the Secretary annually; and 

‘‘(K) a description of how the entity will coordinate with, complement, and 

build on similar public and private mathematics and science programs. 

‘‘(f) SCHOLARSHIP RECIPIENTS.— 

‘‘(1) A student receiving a scholarship under this section shall be known as 

a Byrd Mathematics and Science Honors Scholar. 

‘‘(2) Any student desiring to receive a scholarship under this section shall submit an application to the managing agent in such form, and containing such information, as the managing agent may require. 

‘‘(3) Any student that receives a scholarship under this section shall enter into 

an agreement with the managing agent to complete 5 consecutive years of service to begin no later than 12 months following completion of the final degree 

in a position related to the field in which the student obtained the degree. 

‘‘(4) If any student that receives a scholarship under this section fails to earn 

at least a baccalaureate degree in physical, life, or computer sciences, mathematics, or engineering as defined under this section, the student shall repay to 

the managing agent the amount of any financial assistance paid to such student. 


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‘‘(5) If any student that receives a scholarship under this section fails to meet 

the requirements of paragraph (3), the student shall repay to the managing 

agent the amount of any financial assistance paid to such student. 

‘‘(6)(A) Scholarships shall be awarded for only one academic year of study at 

a time. 

‘‘(B)(i) A scholarship shall be renewable on an annual basis for the established 

length of the academic program if the student awarded the scholarship remains 

eligible. 

‘‘(ii) The managing agent may condition renewal of a scholarship on measures 

of academic progress and achievement, with the approval of the Secretary. 

‘‘(C)(i) If a student fails to either remain eligible or meet established measures 

of academic progress and achievement, the managing agent shall instruct the 

student’s institution of higher education to suspend payment of the student’s 

scholarship. 

‘‘(ii) A suspension of payment shall remain in effect until the student is able 

to demonstrate to the satisfaction of the managing agent that he or she is again 

eligible and meets the established measures of academic progress and achievement. 

‘‘(iii) A student’s eligibility for a scholarship shall be terminated if a suspension period exceeds 12 months. 

‘‘(D)(i)(I) A student awarded a scholarship may, in a manner and under the 

terms established by, and with the approval of, the managing agent, postpone 

or interrupt his or her enrollment at an institution of higher education for up 

to 12 months. 

‘‘(II) Such a postponement or interruption shall not be considered a suspension for purposes of subparagraph (C). 

‘‘(ii) Neither a student nor the student’s institution of higher education shall 

receive the student’s scholarship payments during the period of postponement 

or interruption, but such payments shall resume upon enrollment or reenrollment. 

‘‘(iii) In exceptional circumstances, such as serious injury or illness or the necessity to care for family members, the student’s postponement or interruption 

may, upon notification and approval of the managing agent, be extended beyond 

the 12 month period described in clause (i)(I). 

‘‘(g) RESPONSIBILITIES OF INSTITUTION OF HIGHER EDUCATION.— 

‘‘(1) The managing agent shall require any institution of higher education 

that enrolls a student who receives a scholarship under this section to annually 

provide an assurance, prior to making any payment, that the student— 

‘‘(A) is eligible in accordance with subsection (b)(2); and 

‘‘(B) has provided the institution with a written commitment to attend, 

or is attending, classes and is satisfactorily meeting the institution’s academic criteria for enrollment in its program of study. 

‘‘(2)(A) The managing agent shall provide the institution of higher education 

with payments from the Fund for selected recipients in at least two installments. 

‘‘(B) If a recipient declines a scholarship, does not attend courses, transfers 

to another institution of higher education, or becomes ineligible for a scholarship, an institution of higher education shall return prorated amounts of any 

scholarship payment to that recipient to the managing agent, who shall deposit 

it in to the Fund. 

‘‘SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PROGRAM. 

‘‘(a) PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary is authorized to carry out a program of assuming the obligation to pay, pursuant to the provisions of this section, the interest on a loan made, insured, or guaranteed under part B or D of this title. 

‘‘(2) ELIGIBILITY.—The Secretary may assume interest payments under paragraph (1) only for a borrower who— 

‘‘(A) has submitted an application in compliance with subsection (d); 

‘‘(B) obtained one or more loans described in paragraph (1) as an undergraduate student; 

‘‘(C) is a new borrower (within the meaning of section 103(7) of this Act) 

on or after the date of enactment of the College Opportunity and Affordability Act of 2007; 

‘‘(D) is a highly qualified teacher (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) of science, technology, engineering or mathematics at an elementary or secondary school in a high 

need local educational agency, or is a mathematics, science, or engineering 

professional; and 


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‘‘(E) enters into an agreement with the Secretary to complete 5 consecutive years of service in a position described in subparagraph (D), starting 

on the date of the agreement. 

‘‘(3) PRIOR INTEREST LIMITATIONS.—The Secretary shall not make any payments for interest that— 

‘‘(A) accrues prior to the beginning of the repayment period on a loan in 

the case of a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan; or 

‘‘(B) has accrued prior to the signing of an agreement under paragraph 

(2)(E). 

‘‘(4) INITIAL SELECTION.—In selecting participants for the program under this 

section, the Secretary— 

‘‘(A) shall choose among eligible applicants on the basis of— 

‘‘(i) the national security, homeland security, and economic security 

needs of the United States, as determined by the Secretary, in consultation with other Federal agencies, including the Departments of 

Labor, Defense, Homeland Security, Commerce, and Energy, the Central Intelligence Agency, and the National Science Foundation; and 

‘‘(ii) the academic record or job performance of the applicant; and 

‘‘(B) may choose among eligible applicants on the basis of— 

‘‘(i) the likelihood of the applicant to complete the 5-year service obligation; 

‘‘(ii) the likelihood of the applicant to remain in science, mathematics, 

or engineering after the completion of the service requirement; or 

‘‘(iii) other relevant criteria determined by the Secretary. 

‘‘(5) AVAILABILITY SUBJECT TO APPROPRIATIONS.—Loan interest payments 

under this section shall be subject to the availability of appropriations. If the 

amount appropriated for any fiscal year is not sufficient to provide interest payments on behalf of all qualified applicants, the Secretary shall give priority to 

those individuals on whose behalf interest payments were made during the preceding fiscal year. 

‘‘(6) REGULATIONS.—The Secretary is authorized to prescribe such regulations 

as may be necessary to carry out the provisions of this section. 

‘‘(b) DURATION AND AMOUNT OF INTEREST PAYMENTS.—The period during which 

the Secretary shall pay interest on behalf of a student borrower who is selected 

under subsection (a) is the period that begins on the effective date of the agreement 

under subsection (a)(2)(E), continues after successful completion of the service obligation, and ends on the earlier of— 

‘‘(1) the completion of the repayment period of the loan; 

‘‘(2) payment by the Secretary of a total of $5,000 on behalf of the borrower; 

‘‘(3) if the borrower ceases to fulfill the service obligation under such agreement prior to the end of the 5-year period, as soon as the borrower is determined to have ceased to fulfill such obligation in accordance with regulations 

of the Secretary; or 

‘‘(4) 6 months after the end of any calendar year in which the borrower’s gross 

income equals or exceeds 4 times the national per capita disposable personal 

income (current dollars) for such calendar year, as determined on the basis of 

the National Income and Product Accounts Tables of the Bureau of Economic 

Analysis of the Department of Commerce, as determined in accordance with 

regulations prescribed by the Secretary. 

‘‘(c) REPAYMENT TO ELIGIBLE LENDERS.—Subject to the regulations prescribed by 

the Secretary by regulation under subsection (a)(6), the Secretary shall pay to each 

eligible lender or holder for each payment period the amount of the interest that 

accrues on a loan of a student borrower who is selected under subsection (a). 

‘‘(d) APPLICATION FOR REPAYMENT.— 

‘‘(1) IN GENERAL.—Each eligible individual desiring loan interest payment 

under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the 

Secretary may require. 

‘‘(2) FAILURE TO COMPLETE SERVICE AGREEMENT.—Such application shall contain an agreement by the individual that, if the individual fails to complete the 

5 consecutive years of service required by subsection (a)(2)(E), the individual 

agrees to repay the Secretary the amount of any interest paid by the Secretary 

on behalf of the individual. 

‘‘(e) TREATMENT OF CONSOLIDATION LOANS.—A consolidation loan made under section 428C of this Act, or a Federal Direct Consolidation Loan made under part D 

of title IV of this Act, may be a qualified loan for the purpose of this section only 

to the extent that such loan amount was used by a borrower who otherwise meets 

the requirements of this section to repay— 


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‘‘(1) a loan made under section 428 or 428H of this Act; or 

‘‘(2) a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford 

Loan, made under part D of title IV of this Act. 

‘‘(f) PREVENTION OF DOUBLE BENEFITS.—No borrower may, for the same service, 

receive a benefit under both this section and— 

‘‘(1) any loan forgiveness program under title IV of this Act; or 

‘‘(2) subtitle D of title I of the National and Community Service Act of 1990 

(42 U.S.C. 12601 et seq.). 

‘‘(g) DEFINITIONS.—As used in this section— 

‘‘(1) the term ‘high need local educational agency’ has the same meaning given 

such term in section 200; and 

‘‘(2) the term ‘mathematics, science, or engineering professional’ means a person who— 

‘‘(A) holds a baccalaureate, masters, or doctoral degree (or a combination 

thereof) in science, mathematics, or engineering; and 

‘‘(B) works in a field the Secretary determines is closely related to that 

degree, which shall include working as a professor at a two- or four-year 

institution of higher education. 

‘‘SEC. 419C. FOREIGN LANGUAGE PARTNERSHIPS. 

‘‘(a) PURPOSE.—The purpose of this section is to increase the number of highly 

qualified teachers in, and 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) PROGRAM AUTHORIZED.—The Secretary is authorized to award grants to institutions of higher education, in partnership with one or more local educational agencies, to establish teacher preparation programs in critical foreign languages, and activities that will enable successful students to advance from elementary school 

through college to achieve proficiency in those languages. 

‘‘(c) APPLICATIONS.— 

‘‘(1) APPLICATION REQUIRED.—Any institution of higher education that desires 

to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the 

Secretary may require. 

‘‘(2) CONTENTS.—Each Application shall— 

‘‘(A) identify each local educational agency partner and describe each 

such partner’s responsibilities (including how they will be involved in planning and implementing the program, what resources they will provide, and 

how they will ensure continuity of student progress from elementary school 

to the postsecondary level); and 

‘‘(B) describe how the applicant will support and continue the program 

after the grant has expired, including how it will seek support from other 

sources, such as State and local government, foundations, and the private 

sector. 

‘‘(d) USES OF FUNDS.—Funds awarded under this section shall be used to develop 

and implement programs consistent with the purpose of this section by carrying out 

one or more of the following activities: 

‘‘(1) To recruit highly qualified teachers in critical foreign languages and professional development activities for such teachers at the elementary through 

high school level. 

‘‘(2) To provide innovative opportunities for students that will allow for critical language learning, such as immersion environments, intensive study opportunities, internships, and distance learning. 

‘‘(e) MATCHING REQUIREMENT.—Each grantee under this section shall provide, 

from non-Federal sources, an amount equal to 100 percent of the amount of the 

grant (in cash or in kind) to carry out the activities supported by the grant. 

‘‘(f) EVALUATION.—The Secretary shall evaluate the activities funded under this 

section and report the results of the evaluation to the appropriate Committees of 

Congress. 

‘‘SEC. 419D. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subpart $50,000,000 for 

fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding 

fiscal years.’’. 

SEC. 409. 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 

by striking ‘‘$10,000’’ and inserting ‘‘$30,000’’. 

(b) ELIGIBLE INSTITUTIONS.—Section 419N(b)(4) is amended by striking ‘‘$350,000’’ 

and inserting ‘‘$250,000’’. 


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(c) INCOME ELIGIBILITY.—Section 419N(b)(7) is amended by striking ‘‘who is eligible to receive’’ and inserting ‘‘whose income qualifies for eligibility for’’. 

(d) PUBLICITY.—Section 419N(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) 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 4 succeeding fiscal years.’’. 

SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 

Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is repealed. 

SEC. 411. TEACH GRANTS. 

Subpart 9 of part A of title IV is amended— 

(1) in section 420L(1)(B), by striking ‘‘sound’’ and inserting ‘‘responsible’’; 

(2) in section 420M— 

(A) by striking ‘‘academic year’’ each place it appears in subsections (a)(1) 

and (c)(1) and inserting ‘‘year’’; and 

(B) in subsection (c)(2)— 

(i) by striking ‘‘other student assistance’’ and inserting ‘‘other assistance the student may receive’’; and 

(ii) by striking the second sentence; and 

(3) by adding at the end the following new section: 

‘‘SEC. 420P. PROGRAM EVALUATION. 

‘‘The Secretary shall evaluate the effectiveness of TEACH grants with respect to 

the schools and students served by recipients of such grants. Such evaluation shall 

take into consideration information related to— 

‘‘(1) the number of TEACH grant recipients; 

‘‘(2) the gender, race, ethnicity, and age of such recipients; 

‘‘(3) the degrees obtained by such recipients; 

‘‘(4) 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; 

‘‘(5) the duration of such service, including information related to whether recipients serve for more than the 4 years required under such section; and 

‘‘(6) any other data necessary to conduct such evaluation.’’. 

PART B—FEDERAL FAMILY EDUCATION LOANS 

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 ‘‘2013’’; and 

(2) by striking ‘‘2016’’ and inserting ‘‘2017’’. 

SEC. 422. FEDERAL INTEREST SUBSIDIES. 

Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended— 

(1) by striking ‘‘2012’’ and inserting ‘‘2013’’; and 

(2) by striking ‘‘2016’’ and inserting ‘‘2017’’. 

SEC. 423. STUDENT LOAN INFORMATION. 

Section 428(k) (20 U.S.C. 1078(k)) is amended by adding at the end the following 

new paragraph: 

‘‘(4) STUDENT LOAN INFORMATION.— 

‘‘(A) Notwithstanding any other provision of law or regulation, if requested by an institution of higher education or a third party servicer (as 

defined in section 481(c)) working on behalf of such institution to prevent 

student loan defaults for borrowers who currently attend or previously attended such institution, a lender, secondary market, holder, or guaranty 

agency shall provide, free of charge and in a timely and effective manner, 

any student loan information pertaining to loans made under this title to 

such borrowers maintained by that entity, provided that the information requested is for a borrower who currently attends or previously attended such 

institution. 


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‘‘(B) An institution and any third party servicer obtaining access to information under subparagraph (A) shall safeguard that information in order 

to prevent potential abuses of that information, including identity theft. 

‘‘(C) Any third party servicer that obtains information under this paragraph— 

‘‘(i) shall only use the information in a manner directly related to the 

default prevention work the servicer is performing on behalf of the institution of higher education; 

‘‘(ii) shall not sell the information to other entities; 

‘‘(iii) shall not share the information with, or transfer the information 

to, entities other than the borrower or the institution of higher education referenced in subparagraph (A); and 

‘‘(iv) shall be subject to any regulations established by the Secretary 

pursuant to section 432 concerning the misuse of such information, including any penalties for such misuse.’’. 

SEC. 424. CONSOLIDATION LOAN DISCLOSURE. 

Section 428C(b)(1) (20 U.S.C. 1078–3(b)(1)) is amended— 

(1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), 

respectively; and 

(2) by inserting after subparagraph (D) the following new subparagraph: 

‘‘(E) that the lender will disclose, in a clear and conspicuous manner, to 

borrowers who seek to consolidate loans made under part E of this title— 

‘‘(i) that once the borrower adds a Federal Perkins Loan to a Federal 

Consolidation Loan, the borrower will lose all interest-free periods that 

would have been available, such as those when no interest accrues on 

the Federal Perkins Loan while the borrower is enrolled in school at 

least half-time, during the grace period, and during periods when the 

borrower’s student loan repayments are deferred; 

‘‘(ii) that the borrower will no longer be eligible for loan cancellation 

of Federal Perkins Loans under any provision of section 465; and 

‘‘(iii) in detail the occupations listed in section 465 for which the borrower will lose eligibility for Federal Perkins Loan cancellation;’’. 

SEC. 425. 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 student loan obligation of a borrower in the amount 

specified in subsection (c) who— 

‘‘(A) is employed full-time in an area of national need 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, insured, or guaranteed under this 

part (other than an excepted PLUS loan (as such term is 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 such an excepted PLUS loan). 

‘‘(3) REGULATIONS.—The Secretary is authorized to issue such regulations as 

may be necessary to carry out the provisions of this section. 

‘‘(b) AREAS OF NATIONAL NEED.—For purposes of this section, an individual shall 

be treated as employed in an area of national need if the individual is employed 

full-time as any of the following: 

‘‘(1) EARLY CHILDHOOD EDUCATORS.—An individual who is employed as an 

early childhood educator in an eligible preschool program or eligible early childhood education program in a low-income community, and who is involved directly in the care, development, and education of infants, toddlers, or young 

children age 5 and under. 

‘‘(2) NURSES.—An individual who is employed— 

‘‘(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.—An individual who has obtained a baccalaureate or advanced degree in a critical foreign language and is employed— 


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‘‘(A) in an elementary or secondary school as a teacher of a critical foreign 

language; 

‘‘(B) in an agency of the United States Government in a position that regularly requires the use of such critical foreign language; or 

‘‘(C) in an institution of higher education as a faculty member or instructor teaching a critical foreign language. 

‘‘(4) LIBRARIANS.—An individual who is employed 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 their total student enrollments composed of children counted under section 1113(a)(5) of 

the Elementary and Secondary Education Act of 1965; or 

‘‘(B) a high-need school. 

‘‘(5) HIGHLY QUALIFIED TEACHERS: SERVING STUDENTS WHO ARE LIMITED

ENGLISH PROFICIENT, LOW-INCOME COMMUNITIES, AND UNDERREPRESENTED POPU- LATIONS.—An individual who— 

‘‘(A) is highly qualified as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965; and 

‘‘(B)(i) is employed as a teacher educating students who are limited 

English proficient; 

‘‘(ii) is employed as a teacher in a high-need school; or 

‘‘(iii) is an individual from an underrepresented population in the teaching profession, as determined by the Secretary. 

‘‘(6) CHILD WELFARE WORKERS.—An individual who— 

‘‘(A) has obtained a degree in social work or a related field with a focus 

on serving children and families; and 

‘‘(B) is employed in public or private child welfare services. 

‘‘(7) SPEECH-LANGUAGE PATHOLOGISTS.—An individual who is a speech-language pathologist, who is employed in an eligible preschool program or an elementary or secondary school, and who has, at a minimum, a graduate degree 

in speech-language pathology, or communication sciences and disorders. 

‘‘(8) NATIONAL SERVICE.—An individual who is engaged as a participant in a 

project under the National and Community Service Act of 1990 (as such terms 

are defined in section 101 of such Act (42 U.S.C. 12511)). 

‘‘(9) SCHOOL COUNSELORS.—An individual who is employed as a school counselor (as such term is defined in section 5421(e)(3) of Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7245(e)(3))) in a high-need school. 

‘‘(10) PUBLIC SECTOR EMPLOYEES.—An individual who is employed in public 

safety (including as a first responder, firefighter, police officer, or other law enforcement or public safety officer), emergency management (including as an 

emergency medical technician), 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 public 

interest legal services (including prosecution or public defense or legal advocacy 

in low-income communities at a nonprofit organization). 

‘‘(11) NUTRITION PROFESSIONALS.—An individual who— 

‘‘(A) is a licensed, certified, or registered dietician who has completed a 

degree in a relevant field; and 

‘‘(B) has obtained employment in 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). 

‘‘(12) MEDICAL SPECIALISTS.—An individual who— 

‘‘(A) has received his or her degree from an accredited medical school (as 

accredited by the Liaison Committee on Medical Education or as defined by 

this title IV); and 

‘‘(B)(i) has been accepted to, or currently participates in, a graduate medical education training program or fellowship (or both) to provide health 

care services (as recognized by the Accreditation Council for Graduate Medical Education); or 

‘‘(ii) has been accepted to, or currently participates in, a graduate medical 

education program or fellowship (or both) to provide health care services 

that— 

‘‘(I) requires more than 5 years of total graduate medical training; 

and 

‘‘(II) has fewer United States medical school graduate applicants than 

the total number of training and fellowship positions available in the 

programs specified in subclause (I) of this clause. 

‘‘(13) MENTAL HEALTH PROFESSIONALS.—Individuals who have at least a master’s degree in social work, psychology, or psychiatry and who are providing 

mental health services to children, adolescents, or veterans. 


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‘‘(c) QUALIFIED LOAN AMOUNT.—At the end of each school, academic, or calendar 

year of full-time employment on or after the date of enactment of the College Opportunity and Affordability Act of 2007 in an area of national need described in subsection (b), not to exceed 5 years, the Secretary shall forgive not more than $2,000 

of the student loan obligation of a borrower that is outstanding after the completion 

of each such school, academic, or calendar year of employment, as appropriate, not 

to exceed $10,000 in the aggregate for any borrower. 

‘‘(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. 

‘‘(e) CONSTRUCTION.—Nothing in this section shall be construed to authorize the 

refunding of any repayment of a loan. 

‘‘(f) SEGAL AMERICORPS EDUCATION AWARD AND NATIONAL SERVICE AWARD RECIPIENTS.—A student borrower who qualifies for the maximum education award under 

subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 

12601 et seq.) shall receive under this section the amount, if any, by which the maximum benefit available under this section exceeds the maximum education award 

available under such subtitle. 

‘‘(g) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower may receive a reduction 

of loan obligations under both this section and section 428J or 460. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) EARLY CHILDHOOD EDUCATOR.—The term ‘early childhood educator’ 

means an early childhood educator who works directly with children in an eligible preschool program or eligible early childhood education program who has 

completed a baccalaureate or advanced degree in early childhood development, 

early childhood education, or in a field related to early childhood education. 

‘‘(2) ELIGIBLE PRESCHOOL PROGRAM.—The term ‘eligible preschool program’ 

means a program that provides for the care, development, and education of infants, toddlers, or young children age 5 and under, meets any applicable State 

or local government licensing, certification, approval, and registration requirements, and is operated by— 

‘‘(A) a public or private school that is supported, sponsored, supervised, 

or administered by a local educational agency; 

‘‘(B) a Head Start agency serving as a grantee designated under the Head 

Start Act (42 U.S.C. 9831 et seq.); 

‘‘(C) a nonprofit or community based organization; or 

‘‘(D) a child care program, including a home. 

‘‘(3) 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 2 or more unrelated children who are not old enough to 

attend kindergarten; 

‘‘(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). 

‘‘(4) 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 high-need school. 

‘‘(5) 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 section 801 of the Public Health Service Act (42 U.S.C. 296)). 


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‘‘(iv) A nursing degree from a diploma school of nursing (as defined 

in section 801 of the Public Health Service Act (42 U.S.C. 296)). 

‘‘(6) SPEECH-LANGUAGE PATHOLOGIST.—The term ‘speech-language 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) of this Act; 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)). 

‘‘(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 4 succeeding fiscal years to provide loan forgiveness in accordance with 

this section.’’. 

SEC. 426. 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 new section: 

‘‘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 a nonprofit organization that provides legal 

assistance with respect to civil matters to low-income individuals without 

a fee; 

‘‘(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.—The term ‘student loan’ means— 

‘‘(A) subject to subparagraph (B), a loan made, insured, or guaranteed 

under part B, D, or E of this title; and 

‘‘(B) 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. 

‘‘(c) PROGRAM AUTHORIZED.—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 or the Secretary in the case of a loan under part D or E 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 3 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 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 against equity 

and good conscience or against 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. 


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‘‘(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 specify that, 

notwithstanding subsection (d)(1)(A), the required period of service during 

which the borrower will remain employed as a civil legal assistance attorney 

may be less than 3 years. 

‘‘(f) AWARD BASIS; PRIORITY.— 

‘‘(1) AWARD BASIS.—Subject to paragraph (2), the Secretary shall provide repayment benefits under this section on a first-come, 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 5 years or less and, for at least 90 percent of 

the time in such practice, has served as a civil legal assistance attorney; 

‘‘(B) received repayment benefits under this section during the preceding 

fiscal year; and 

‘‘(C) has completed less than 3 years of the first required period of service 

specified for the borrower in an agreement entered into under subsection 

(d). 

‘‘(g) REGULATIONS.—The Secretary is authorized to issue such regulations as may 

be necessary to carry out the provisions of this section. 

‘‘(h) 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 4 succeeding fiscal years.’’. 

SEC. 427. 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 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 related to such proposed settlement.’’. 

SEC. 428. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND CONSUMER EDUCATION INFORMATION PROGRAMS. 

Part B of title IV is further amended by inserting after section 433 (20 U.S.C. 

1083) the following new section: 

‘‘SEC. 433A. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND CONSUMER EDUCATION 

INFORMATION PROGRAMS. 

‘‘(a) GUARANTY AGENCY DUTY.—Each guaranty agency, with respect to loans insured by the agency, shall develop specific programs designed to prevent delinquencies and avert defaults. 

‘‘(b) TRAINING FOR STUDENTS AND FAMILIES.—Each guaranty agency, after consulting with institutions of higher education (including institutions of higher education participating in the William Ford Direct Loan Program), 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 


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management and other aspects of financial literacy, such as the cost of using high 

interest loans to pay for postsecondary education. Such programs and materials 

shall address budgeting and financial management relating to student loans, and 

shall be made available to students and families, in a form and language that is 

understandable, before, during, and after the students’ enrollment. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prohibit a guaranty agency from using existing activities, programs, and materials in 

meeting the requirements of this section.’’. 

SEC. 429. DEFINITION OF ELIGIBLE LENDER. 

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 

(2) by inserting before the semicolon at the end the following: ‘‘, or (IV) it is 

a National or State chartered bank with assets of less than $1,000,000,000’’. 

SEC. 430. COHORT DEFAULT RATES. 

Section 435(m) (20 U.S.C. 1085(m)) is amended— 

(1) in the first sentence of paragraph (1)(A), by striking ‘‘end of the following 

fiscal year’’ and inserting ‘‘beginning of the third fiscal year following the fiscal 

year in which the students entered repayment’’; 

(2) in paragraph (1)(C), by striking ‘‘end of the fiscal year immediately following the year in which they entered repayment’’ and inserting ‘‘beginning of 

the third fiscal year following the year in which they entered repayment’’; 

(3) in paragraph (2)(C), by striking ‘‘end of such following fiscal year is not 

considered as in default for the purposes of this subsection’’ and inserting ‘‘beginning of the third fiscal year following the year in which the loan entered repayment is not considered as in default for purposes of this subsection’’; and 

(4) in paragraph (4)— 

(A) by amending the header to read as follows: ‘‘COLLECTION AND REPORTING OF COHORT DEFAULT RATES AND LIFE OF COHORT DEFAULT RATES.—’’; 

and 

(B) by amending subparagraph (A) to read as follows: 

‘‘(A) The Secretary shall collect data from all insurers under this part and 

shall publish not less often than once every fiscal year a report showing cohort 

default data and life of cohort default data for each category of institution, including (i) 4-year public institutions, (ii) 4-year private nonprofit institutions, 

(iii) 2-year public institutions, (iv) 2-year private institutions, (v) 4-year proprietary institutions, (vi) 2-year proprietary institutions, and (vii) less than 2-year 

proprietary institutions. For purposes of this subparagraph, the life of cohort default rate means, for any fiscal year in which 1 or more current and former students at an institution enter repayment on loans under section 428, 428A, or 

428H, received for attendance at the institution, 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.’’. 

SEC. 431. DISABILITY DETERMINATIONS. 

Section 437(a) (20 U.S.C. 1087(a)) is amended by adding at the end the following 

new sentence: ‘‘A borrower who receives a permanent total disability rating from the 

Secretary of Veterans Affairs, and who provides documentation of such rating 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.’’. 

PART C—COLLEGE WORK/STUDY 

SEC. 441. REAUTHORIZATION. 

(a) EXTENSION OF AUTHORITY.—Section 441 (42 U.S.C. 2751) is amended— 

(1) in subsection (b), by striking ‘‘$1,000,000,000 for fiscal year 1999’’ and inserting ‘‘$1,500,000,000 for fiscal year 2009’’; and 

(2) in subsection (c)— 

(A) by striking ‘‘and’’ at the end of paragraph (3); 

(B) by striking the period at the end of paragraph (4) and inserting ‘‘; 

and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(5) responding to the needs of the community, which may include activities 

in preparation for and during emergencies and natural disasters.’’. 


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(b) ALLOWANCE FOR BOOKS AND SUPPLIES.—Section 442(c)(4)(D) (42 U.S.C. 

2752(d)(4)(D)) is amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 

SEC. 442. 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)(B), the Secretary is authorized to award grants to institutions participating under this part to supplement off-campus community service employment. 

‘‘(2) USE OF FUNDS.—In any year in which section 443(b)(2)(B) applies, an institution shall ensure that funds granted to such institution under this subsection are used in accordance with such section 443 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 postsecondary students assisting with 

early childhood education activities and activities in preparation for and during 

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 4 succeeding fiscal years.’’. 

SEC. 443. WORK COLLEGES. 

(a) WORK-LEARNING-SERVICE.—Section 448 (42 U.S.C. 2756b) is amended by striking ‘‘work-learning’’ each place it appears and inserting ‘‘work-learning-service’’. 

(b) DEFINITION.—Section 448(e) is amended to read as follows: 

‘‘(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 2 years; 

‘‘(C) requires all resident 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 5 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-learningservice 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-learning-service supervisors; 

and 

‘‘(F) includes consequences for nonperformance or failure in the worklearning-service program similar to the consequences for failure in the regular academic program.’’. 

(c) AUTHORIZATION.—Section 448(f) is amended— 

(1) by striking ‘‘$5,000,000’’ and inserting ‘‘such sums as may be necessary’’; 

and 

(2) by striking ‘‘1999’’ and inserting ‘‘2009’’. 

PART D—FEDERAL DIRECT STUDENT LOANS 

SEC. 451. REAUTHORIZATION. 

Section 458(a) (20 U.S.C. 1087h(a)) is amended— 


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(1) in paragraph (2)— 

(A) in the heading of such paragraph, by striking ‘‘2011’’ and inserting 

‘‘2013’’; and 

(B) by striking ‘‘2011’’ and inserting ‘‘2013’’; and 

(2) in paragraph (3), by striking ‘‘2011’’ and inserting ‘‘2013’’. 

SEC. 452. PUBLIC SERVICE JOB DEFINITION. 

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 school-based 

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.’’. 

SEC. 453. IDENTITY FRAUD PROTECTION. 

Section 455 (20 U.S.C. 1087e) is further amended by adding at the end the following new subsection: 

‘‘(n) IDENTITY FRAUD PROTECTION.—The Secretary of Education shall take such 

steps as may be necessary to ensure that monthly Direct Loan statements and other 

publications of the Department of Education do not contain more than 4 digits of 

the Social Security number of any individual.’’. 

SEC. 454. DIRECT LOAN PROGRAM AUDIT AND REPORTING REQUIREMENTS. 

(a) AUDIT OF DIRECT LOAN SERVICING PORTFOLIO AND DIRECT LOAN SERVICING

CONTRACTS.—Section 458 (20 U.S.C. 1087h) is amended by adding at the end the 

following: 

‘‘(d) AUDIT OF DIRECT LOAN SERVICING PORTFOLIO AND DIRECT LOAN SERVICING

CONTRACTS.—The Secretary shall have a financial and compliance audit of all loans 

owned by the Department of Education and made under the William D. Ford Federal Direct Loan Program and all contracts for the origination, servicing, collection, 

and related activities of such loans, conducted annually by a qualified independent 

organization from a list of qualified organizations promulgated by the Secretary in 

accordance with standards established by the Comptroller General. The standards 

shall measure the servicer’s compliance with the due diligence standards and shall 

include a defined statistical sampling technique designed to measure the performance rating of the servicer for the purpose of this section. The Secretary shall submit the audit to Congress within 60 days of its completion and shall at the same 

time make the results of the audit publicly available.’’. 

(b) QUARTERLY REPORTING OF ADMINISTRATIVE EXPENSES.—Section 458 (20 U.S.C. 

1087h) is further amended by adding at the end the following: 

‘‘(e) BUDGET JUSTIFICATION AND QUARTERLY REPORTS.—In addition to the requirements of subsection (c), and as a prerequisite to expending funds under this section, 

the Secretary shall— 

‘‘(1) make publicly available immediately upon providing to Congress, its annual budget justification referenced in the last sentence of subsection (c), including the detailed descriptions of activities and the costs for each such activity; 

and 

‘‘(2) make publicly available within 30 days of the close of each calendar quarter, an interim report with at least the same level of detail as the annual report 

referred to above, showing the detailed descriptions of activities and the costs 

for each such activity, for the quarter, which shall include— 


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‘‘(A) amendments to any contracts entered into by the Department for the 

purposes of servicing, origination, consolidating, or otherwise providing administrative support for the Direct Loan program; 

‘‘(B) a complete listing of all milestones for upgrades and improvements 

in any of the contracts referenced in section 458(d)(1) and the progress towards meeting such milestones; 

‘‘(C) un-reconciled balances in held loans by year of origination; 

‘‘(D) status and number of defaulted loans by length of default in 30-day 

increments; 

‘‘(E) status and number of delinquent loans by length of delinquency in 

30-day increments; 

‘‘(F) information technology purchases made under this section; and 

‘‘(G) costs and terms of all contracts with external consultants and employees of institutions of higher education.’’. 

(c) ANNUAL REPORTING OF IMPACT OF DIRECT LOAN PROGRAM TREASURY BORROWING ON NATIONAL DEBT.—Section 458 (20 U.S.C. 1087(h)) is further amended 

by adding at the end the following subsection: 

‘‘(f) NATIONAL DEBT REPORT CARD.—The Secretary shall make an annual report 

to Congress, included with the budget justification for the Department, of the aggregate dollar amount of increase in the national debt as a result of loans made under 

part D of this title. This reporting shall be made by calculating the net of the total 

outstanding amount lent by the Department and the United States Treasury, less 

the balance in principal of performing and non-defaulted loans outstanding in the 

Department’s portfolio.’’. 

PART E—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 inserting ‘‘$350,000,000 for fiscal year 2009’’; and 

(2) in paragraph (2), by striking ‘‘2003’’ each place it appears and inserting 

‘‘2014’’. 

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 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 

no later than 180 days after collection by the Secretary and treated as an 

additional capital contribution under section 462;’’. 

(b) REVISE AUTHORITY TO PRESCRIBE ADDITIONAL FISCAL CONTROLS.—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— 

(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) 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),’’; 

(B) by redesignating paragraphs (1) through (3) as subparagraphs (A) 

through (C), respectively; 


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(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 amending subparagraph (A) to read as follows: 

‘‘(A) as a full-time teacher for service in an academic year in a high-need 

school;’’; 

(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 (H), by striking ‘‘or’’ after the semicolon; 

(D) in subparagraph (I), by striking the period and inserting a semicolon; 

and 

(E) 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 title I of the Elementary and Secondary Education Act of 1965; 

or 

‘‘(ii) a public library that serves a geographic area that contains 1 or more 

schools eligible for assistance under title I of the Elementary and Secondary 

Education Act of 1965; or 

‘‘(M) as a full-time speech language therapist, if the therapist has a master’s 

degree and is working exclusively with schools that are eligible for assistance 

under title I of the Elementary and Secondary Education Act of 1965.’’; 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). 

PART F—NEED ANALYSIS 

SEC. 471. COST OF ATTENDANCE. 

(a) AMENDMENTS.—Section 472(3) (20 U.S.C. 1087kk(3)) is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ after the semicolon; 

(2) by redesignating subparagraph (C) as subparagraph (D); and 

(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, 2009. 

SEC. 472. DISCRETION TO MAKE ADJUSTMENTS FOR NURSING HOME EXPENSES. 

Section 479A(a) (20 U.S.C. 1087tt) is amended by striking ‘‘medical or dental expenses’’ and inserting ‘‘medical, dental, or nursing home expenses’’. 


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SEC. 473. DEFINITIONS. 

(a) TOTAL INCOME.—Section 480(a) (20 U.S.C. 1087vv(a)) is amended by adding 

at the end the following new paragraph: 

‘‘(3) Notwithstanding paragraph (1), with respect to dislocated workers (as defined 

in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), the term 

‘total income’ is equal to estimated adjusted gross income plus estimated untaxed 

income and benefits for the current tax year minus estimated excludable income (as 

defined in subsection (e)) in for the current tax year.’’. 

(b) UNTAXED INCOME AND BENEFITS.—Section 480(b)(6) (20 U.S.C. 1087vv(b)(6)) 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) TREATMENT OF VETERANS’ EDUCATION BENEFITS IN ESTIMATED FINANCIAL ASSISTANCE CALCULATION.—Section 480(j) (20 U.S.C. 1087vv(j)) is amended by adding 

at the end the following new paragraph: 

‘‘(4) Notwithstanding paragraph (1), for the first year a student receives veterans’ 

education benefits under chapter 30 of title 38, United States Code, the amount of 

such veterans’ education benefits that is treated as estimated financial assistance 

not received under this title for the purposes of section 471(3) shall be calculated 

by subtracting the amount that the student’s basic pay was reduced under section 

3011(b) or 3012(c) of such title in order to be eligible to receive such benefits from 

the amount of such veterans’ education benefits.’’. 

(d) EFFECTIVE DATE.—The amendments made by this section are effective on July 

1, 2009. 

PART G—GENERAL PROVISIONS 

SEC. 481. COMPLIANCE CALENDAR. 

Section 482 (20 U.S.C. 1089) is amended 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.’’. 

SEC. 482. 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)— 

(A) by striking paragraphs (1), (2), and (5); 

(B) by redesignating paragraphs (3), (4), (6), and (7), as paragraphs (9), 

(10), (11), and (12), respectively; 

(C) by inserting before paragraph (9), as redesignated by subparagraph 

(B), 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). These 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 Secretary 

shall work to make the FAFSA consumer-friendly and to make questions on the 

FAFSA easy for students and parents to read and understand, and shall ensure 

that the FAFSA is available in formats accessible to individuals with disabilities. 


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‘‘(2) EARLY ESTIMATES.—The Secretary shall— 

‘‘(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; 

‘‘(C) develop a means to inform applicants, in the years prior to enrollment, of student aid options for individuals in similar financial situations; 

and 

‘‘(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. 

‘‘(3) PAPER FORMAT.— ‘‘(A) IN GENERAL.—The Secretary shall produce, distribute, and process 

common forms in paper format to meet the requirements of paragraph (1). 

The Secretary shall develop a common paper form for applicants who do not 

meet the requirements of subparagraph (B). 

‘‘(B) EZ FAFSA.— ‘‘(i) IN GENERAL.—The Secretary shall develop and use a simplified 

paper application form, to be known as the EZ FAFSA, to be used for 

applicants meeting the requirements of subsections (b) and (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 subsections (b) and (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 (6), except that the Secretary shall 

not include a State’s data if that State does not permit its applicants 

to use the EZ FAFSA for State assistance. 

‘‘(iv) FREE AVAILABILITY AND PROCESSING.—The provisions of paragraph (7) 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 (9). 

‘‘(v) TESTING.—The Secretary shall conduct appropriate field testing 

on the EZ FAFSA. 

‘‘(C) PROMOTING THE USE OF ELECTRONIC FAFSA.— 

‘‘(i) IN GENERAL.—The Secretary shall make all efforts to encourage 

all applicants to utilize the electronic forms described in paragraph (4). 

‘‘(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. The printable electronic file will be made easily accessible and 

downloadable to students on the same website used to provide students 

with the electronic application forms described in paragraph (4) of this 

subsection. The Secretary shall enable students to submit a form created under this subparagraph that may be downloaded and printed 

from an electronic file format in order to meet the filing requirements 

of this section and in order to receive aid from programs under this 

title. 

‘‘(iii) REPORTING REQUIREMENT.—The Secretary shall report annually 

to Congress on the impact of the digital divide on students completing 

applications for title IV aid described under this paragraph and paragraph (4). The Secretary will also report on the steps taken to eliminate 

the digital divide and reduce production of the paper form described in 

subparagraph (A) of this paragraph. The Secretary’s report will specifically address the impact of the digital divide on the following student 

populations: independent students, traditionally underrepresented students, and dependent students. 

‘‘(4) ELECTRONIC FORMAT.— 

‘‘(A) IN GENERAL.—The Secretary shall produce, distribute, and process 

common forms in electronic format to meet the requirements of paragraph 

(1). The Secretary shall develop common electronic forms for applicants who 

do not meet the requirements of subparagraph (C) of this paragraph. 

‘‘(B) STATE DATA.—The Secretary shall include on the common electronic 

forms space for information that needs to be entered for the applicant to 


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be eligible for State financial assistance, as provided under paragraph (6), 

except the Secretary shall not require applicants to enter data required by 

any State other than the applicant’s State of residence. 

‘‘(C) SIMPLIFIED APPLICATIONS: FAFSA ON THE WEB.— ‘‘(i) IN GENERAL.—The Secretary shall develop and use a simplified 

electronic application form to be used by applicants meeting the requirements under subsections (b) and (c) of section 479. 

‘‘(ii) REDUCED DATA REQUIREMENTS.—The simplified electronic application 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) STATE DATA.—The Secretary shall include on the simplified electronic application forms such data items as may be necessary to award 

State financial assistance, as provided under paragraph (6), except that 

the Secretary shall not require applicants to enter data required by any 

State other than the applicant’s State of residence. 

‘‘(iv) AVAILABILITY AND PROCESSING.—The data collected by means of 

the simplified electronic application forms shall be available to institutions of higher education, guaranty agencies, and States in accordance 

with paragraph (9). 

‘‘(v) TESTING.—The Secretary shall conduct appropriate field testing 

on the forms developed under this subparagraph. 

‘‘(D) 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. 

‘‘(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 information, 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 awarded under section 415C, 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 permit an electronic 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) of this paragraph. 

‘‘(G) PERSONAL IDENTIFICATION NUMBERS AUTHORIZED.—The Secretary 

may assign to applicants personal identification numbers— 

‘‘(i) to enable the applicants to use such numbers in lieu of a signature for purposes of completing a form under this paragraph; 

‘‘(ii) to enable the applicants to use such numbers in lieu of a signature for purposes of completing forms required by States under section 

415C; and 

‘‘(iii) for any purpose determined by the Secretary to enable the Secretary to carry out this title. 

‘‘(H) PERSONAL IDENTIFICATION NUMBER IMPROVEMENT.—The Secretary 

shall implement a real-time data match between the Social Security Administration and the Department to minimize the time required for an applicant to obtain a personal identification number when applying for aid under 

this title through an electronic version of a form developed under this paragraph. 

‘‘(5) STREAMLINING.— 

‘‘(A) STREAMLINED REAPPLICATION PROCESS.— 

‘‘(i) IN GENERAL.—The Secretary shall develop streamlined reapplication forms and processes, including both paper and electronic reapplication processes, consistent with the requirements of this subsection, for 

an applicant who applies for financial assistance under this title in the 


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next succeeding academic year subsequent to the year in which such 

applicant first applied for financial assistance under this title. 

‘‘(ii) MECHANISMS FOR REAPPLICATION.—The Secretary shall develop 

appropriate mechanisms to support reapplication. 

‘‘(iii) IDENTIFICATION OF UPDATED DATA.—The Secretary shall determine, in cooperation with States, institutions of higher education, agencies, and organizations involved in student financial assistance, the 

data elements that can be updated from the previous academic year’s 

application. 

‘‘(iv) 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. 

‘‘(v) ZERO FAMILY CONTRIBUTION.—Applicants determined to have a 

zero family contribution pursuant to section 479(c) shall not be required to provide any financial data in a reapplication form, except that 

which is necessary to determine eligibility under such section. 

‘‘(B) REDUCTION OF DATA ELEMENTS.— 

‘‘(i) REDUCTION ENCOURAGED.—Of the number of data elements on 

the FAFSA on the date of enactment of the College Opportunity and 

Affordability Act of 2007 (including questions on the FAFSA for the 

purposes described in paragraph (6)), the Secretary, in cooperation with 

representatives of agencies and organizations involved in student financial assistance, 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. Reductions of data elements under 

paragraph (3)(B), (4)(C), or (5)(A)(iv) shall not be counted towards such 

reduction unless those data elements are reduced for all applicants. 

‘‘(ii) REPORT.—The Secretary shall submit a report on the process of 

this reduction to each the authorizing committees within 2 years after 

such date of enactment. 

‘‘(6) STATE REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Secretary shall include on the forms developed 

under this subsection, such State-specific nonfinancial data items as the 

Secretary determines are necessary to meet State requirements for needbased State aid under section 415C, except as provided in paragraphs 

(3)(B)(iii) and (4)(C)(iii) of this subsection. Such items shall be selected in 

consultation with State agencies that submit applications under section 

415C in order to assist in the awarding of State financial assistance in accordance with the terms of this subsection, except as provided in paragraphs (3)(B)(iii) and (4)(C)(iii) of this subsection. The number of such data 

items shall not be less than the number included on the form for the 2008– 

2009 academic 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 

process to determine which forms and nonfinancial data items the States 

require to award need-based State aid and other application requirements 

that the States may impose. 

‘‘(C) STATE USE OF SIMPLIFIED FORMS.—The Secretary shall encourage 

States to take such steps as necessary to encourage the use of simplified 

application forms, including those described in paragraphs (3)(B) and (4)(C), 

to meet the requirements under subsection (b) or (c) of section 479. 

‘‘(D) FEDERAL REGISTER NOTICE.—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 application forms described in paragraphs (3)(B) and (4)(C); 

and 

‘‘(ii) of the State-specific nonfinancial data that the State agency requires for delivery of State need-based financial aid. 

‘‘(E) STATE NOTIFICATION TO THE SECRETARY.— 

‘‘(i) IN GENERAL.—Each State agency that submits an application 

under section 415C shall notify the Secretary— 

‘‘(I) whether the State permits an applicant to file a form described in paragraph (3)(B) or (4)(A) of this subsection for purposes 

of determining eligibility for State need-based grant aid; and 

‘‘(II) the State-specific nonfinancial data that the State agency 

requires for delivery of State need-based financial aid. 


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‘‘(ii) ACCEPTANCE OF FORMS.—In the event that a State does not permit an applicant to file a form described in paragraph (3)(B) or (4)(A) 

of this subsection for purposes of determining eligibility for State needbased grant aid— 

‘‘(I) the State shall notify the Secretary if the State is not permitted to do so because of either State law or because of agency 

policy; and 

‘‘(II) the notification under subclause (I) shall include an estimate of the program cost to permit applicants to complete simplified application forms under paragraphs (3)(B) and (4)(A) of this 

subsection. 

‘‘(iii) LACK OF NOTIFICATION BY THE STATE.—If a State does not notify 

the Secretary pursuant to clause (i), the Secretary shall— 

‘‘(I) permit residents of that State to complete simplified application forms under paragraphs (3)(B) and (4)(A) of this subsection; 

and 

‘‘(II) not require any resident of that State to complete any nonfinancial data previously required by that State under this section. 

‘‘(7) CHARGES TO STUDENTS AND PARENTS FOR USE OF FORMS PROHIBITED.— ‘‘(A) FEES PROHIBITED.—The FAFSA, in whatever form (including the EZ 

FAFSA, paper, electronic, simplified, or reapplication), shall be produced, 

distributed, and processed by the Secretary and no parent or student shall 

be charged a fee for the collection, processing, or delivery of financial aid 

through the use of the FAFSA. The need and eligibility of a student for financial assistance under parts A through E of this title (other than under 

subpart 4 of part A) may only be determined by using the FAFSA developed 

by the Secretary pursuant to this subsection. No student may receive assistance under parts A through E of this title (other than under subpart 

4 of part A), except by use of the FAFSA developed by the Secretary pursuant to this subsection. No data collected on a form for which a fee is 

charged shall be used to complete the FAFSA. 

‘‘(B) NOTICE.—Any entity that provides to students and parents, or 

charges students or parents for, any value-added services with respect to 

or in connection with the FAFSA, such as completion of the FAFSA, submission of the FAFSA, or tracking of the FAFSA for a student, shall provide to students and parents clear and conspicuous notice that— 

‘‘(i) the FAFSA is a free Federal student aid application; 

‘‘(ii) the FAFSA can be completed without professional assistance; 

and 

‘‘(iii) includes the current Internet address for the FAFSA on the Department’s web site. 

‘‘(8) APPLICATION PROCESSING CYCLE.—The Secretary shall enable students to 

submit a form created under this subsection in order to meet the filing requirements of this section and in order to receive aid from programs under this title 

and shall initiate the processing of applications under this subsection as early 

as practicable prior to October 15 of the year prior to the student’s planned year 

of enrollment.’’; 

(2) by adding at the end of subsection (a) the following paragraph: 

‘‘(13) EARLY APPLICATION AND AWARD DEMONSTRATION PROGRAM.— 

‘‘(A) PROGRAM REQUIRED.—The Secretary shall, no later than two years 

after the date of the enactment of the College Opportunity and Affordability 

Act of 2007, implement an early application demonstration program enabling dependent students to— 

‘‘(i) complete applications under this subsection in such students’ junior year of secondary school, or in the academic year that is 2 years 

prior to such students’ intended year of enrollment at an institution of 

higher education; 

‘‘(ii) receive an estimate of such students’ financial aid awards; 

‘‘(iii) update, in the year prior to such students’ planned year of enrollment, the information contained in an application submitted under 

clause (i), using the process described in paragraph (5) to determine 

such students’ final financial aid awards; and 

‘‘(iv) receive final financial aid awards based on updated information 

described in clause (iii). 

‘‘(B) PURPOSE AND OBJECTIVES.—The purpose of the demonstration program under this paragraph shall be to measure the benefits, in terms of 

student aspirations and plans to attend college, and the 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 


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students that allows dependent students to apply for financial aid using information from the year prior to the year prior to enrollment. Additional 

objectives associated with implementation of the demonstration program 

are the following: 

‘‘(i) Measure the feasibility of enabling dependent students to apply 

for Federal, State, and institutional financial aid in their junior year 

of high school, using information from the year prior to the year prior 

to enrollment, by completing any of the application forms under this 

subsection. 

‘‘(ii) Identify whether receiving final financial aid awards no later 

than the fall of the senior year 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. 

‘‘(iii) 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. 

‘‘(iv) Effectively evaluate the benefits and adverse effects of the demonstration program on program costs, integrity, distribution, and delivery of aid. 

‘‘(C) PARTICIPANTS.—The Secretary shall select States and institutions 

within those States to participate in the demonstration program under this 

paragraph that are participating in the programs under this title and that 

are willing to make final financial aid awards to students based on their 

application information from the year prior to the year prior to enrollment. 

The Secretary shall also select as participants in the demonstration program secondary schools and dependent students that are located in the participating States. 

‘‘(D) APPLICATION PROCESS.—The Secretary shall insure that the following 

provisions are included in the demonstration program: 

‘‘(i) Participating States and institutions shall— 

‘‘(I) encourage participating students to apply for estimates of financial aid awards as provided under this title in such students’ 

junior year of secondary school, or in the academic year that is 2 

years prior to such students’ intended year of enrollment at an institution of higher education, using the most recent information 

available; and 

‘‘(II) make final financial aid awards to participating students 

based on the updated information contained on a form submitted 

using the process described in paragraph (5). 

‘‘(ii) Financial aid administrators at participating institutions shall be 

allowed to use their discretion in awarding financial aid to participating students, as outlined under section 479A and section 480(d)(7). 

‘‘(E) EVALUATION.—The Secretary shall conduct a rigorous evaluation of 

this demonstration program in order to measure its benefits and adverse 

effects as indicated under subparagraph (A). 

‘‘(F) OUTREACH.—The Secretary shall make appropriate efforts in order to 

notify States of the demonstration program under this paragraph. Upon determination of participating States, the Secretary shall continue to make efforts to notify institutions and dependent students within participating 

States of the opportunity to participate in the demonstration program and 

of the participation requirements. 

‘‘(G) CONSULTATION.—The Secretary shall consult with the Advisory Committee on Student Financial Assistance, established under section 491, on 

the design and implementation of the demonstration program and on the 

evaluation described in subparagraph (E).’’; 

(3) by striking subsection (b); and 

(4) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), 

respectively. 

(b) MASTER CALENDAR.—Section 482(a)(1) (20 U.S.C. 1089(a)(1)) is amended 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)(6) published in the Federal Register; 

‘‘(C) by June 1: final modifications, updates, and notices pursuant to sections 478 and 483(a)(6) published in the Federal Register;’’. 

(c) MODEL INSTITUTION FINANCIAL AID OFFER FORM.— 


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(1) REPORT AND MODEL FORMAT.—Not later than 1 year after the date of enactment of the College Opportunity and Affordability Act of 2007, the Secretary 

shall— 

(A) prepare a report on the adequacy of the financial aid offer forms provided by institutions of higher education to students and the parents of 

such students, after consulting with— 

(i) students; 

(ii) parents of students; 

(iii) representatives of institutions of higher education (including financial aid administrators, registrars, and business officers); and 

(iv) consumer groups that receive no commercial or institution of 

higher education support; 

(B) include in the report a model format for financial aid offer forms 

that— 

(i) is based on the report’s findings; and 

(ii) includes the information described in paragraph (2); and 

(C)(i) submit the report and model format to the authorizing committees 

(as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 

1003); and 

(ii) make the report and model format available to institutions of higher 

education, lenders, and the public. 

(2) MODEL FORMAT CONTENTS.—The model financial aid offer format developed under paragraph (1) shall present, in a consumer-friendly manner, the following information: 

(A) The student’s cost of attendance for the year for which the institution 

of higher education is issuing the financial aid offer form, including the actual or estimated costs included in the cost of attendance for such year for 

each of the following: 

(i) Tuition and fees. 

(ii) Room and board costs. 

(iii) Books and supplies. 

(iv) Transportation. 

(B) The amount of financial aid that the student does not have to repay, 

such as scholarships and grants, offered to the student for such year. 

(C) The conditions under which the financial aid described in subparagraph (B) is renewable each year. 

(D) The amount of work-study assistance offered to the student for such 

year, and the conditions under which the student has to fulfill the workstudy assistance. 

(E) The types and amounts of loans under part B, D, or E of title IV for 

which the student is eligible for such year, and the interest rate, loan term, 

monthly repayment amount, and total repayment amount of each such 

loan. 

(F) The types and amounts of loans under 428B or Federal Direct PLUS 

loans under section 455 for which a parent of the student is eligible for 

such year, and the interest rate, loan term, monthly repayment amount, 

and total repayment amount of each such loan. 

(G) The net amount that the student or the student’s parent will have 

to pay to attend the institution for such year, which amount shall be the 

difference between— 

(i) the cost of attendance for the student for such year; less 

(ii) the amount of financial aid offered by the covered institution in 

the financial aid offer form. 

(H) Where a student or the student’s parent can seek additional information regarding the financial aid offered. 

(I) Any other information the Secretary determines necessary so that students and parents can make informed student loan borrowing decisions. 

SEC. 483. INCREASING ACCESS TO TECHNOLOGY. 

Section 483 (20 U.S.C. 1087ss) is further amended by adding at the end the following: 

‘‘(e) ADDRESSING THE DIGITAL DIVIDE.—The Secretary shall utilize savings accrued 

by moving more applicants to the electronic forms described in subsection (a)(4) to 

improve access to the electronic forms described in subsection (a)(4) for applicants 

meeting the requirements of section 479(b) or (c).’’. 

SEC. 484. SENSE OF THE CONGRESS; REPORT. 

(a) SENSE OF CONGRESS.—It is the sense of the Congress that— 

(1) in order to simplify the Free Application for Federal Student Aid (FAFSA), 

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study assistance that make it possible for millions of students to attend college, 

the Secretary of Education and the Secretary of the Treasury should work together to develop a process by which the Department of Education will, with 

the aid applicant’s permission, draw income information directly from the Internal Revenue Service for the purpose of completing the EZ FAFSA, the FAFSA, 

and FAFSA renewal applications and providing early estimates of aid eligibility; 

and 

(2) this process would— 

(A) ease the burden of reporting income-related information for applicants; 

(B) increase the efficiency, accuracy, and security of the FAFSA filing 

process; 

(C) significantly reduce the need for further verification by the Department of Education, institutions, and applicants; and 

(D) protect the security, privacy, and safety of all data used in the FAFSA 

filing process. 

(b) REPORT.—The Secretary of Education shall, within one year after the date of 

enactment of this Act— 

(1) provide the Congress with information on the progress in devising the simplified process described in subsection (a); and 

(2) inform the Congress of any necessary statutory changes for the purpose 

of increasing the efficiency and effectiveness of the FAFSA application process. 

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 ‘‘the Republic of the Marshall Islands, 

the Federated States of Micronesia, or’’; and 

(B) in paragraph (5), by striking ‘‘a citizen of any one of the Freely Associated States’’ and inserting ‘‘or, to the extent described in subsection (j), a 

citizen of the Republic of Palau’’; 

(2) by amending subsection (j) to read as follows: 

‘‘(j) ASSISTANCE UNDER SUBPART 1 OF PART A FOR STUDENTS FROM PALAU.—Notwithstanding any other provision of law, a student shall be eligible until September 

30, 2009, for assistance under subpart 1 of part A if the student is otherwise qualified and— 

‘‘(1) is a citizen of the Republic of Palau and attends an institution of higher 

education in a State or a public or nonprofit private institution of higher education in the Freely Associated States; or 

‘‘(2) meets the requirements of subsection (a)(5) and attends a public or nonprofit private institution of higher education in any one of the Freely Associated 

States.’’; 

(3) 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 associate, baccalaureate, 

or graduate degree, conferred by such institution, shall not be considered 

to be enrolled in correspondence courses. 

‘‘(B) EXCEPTION.—An institution of higher education referred to in subparagraph (A) shall not include an institution or school described in section 

3(3)(C) of the Carl D. Perkins Career and Technical Education Act of 2006. 

‘‘(2) RESTRICTION OR REDUCTIONS OF FINANCIAL AID.—A student’s eligibility to 

receive grants, loans, or work assistance under this title shall be reduced if a 

financial aid officer determines under the discretionary authority provided in 

section 479A that distance education results in a substantially reduced cost of 

attendance to such student. 

‘‘(3) SPECIAL RULE.—For award years prior to July 1, 2008, the Secretary shall 

not take any compliance, disallowance, penalty, or other action against a student or an eligible institution when such action arises out of such institution’s 

prior award of student assistance under this title if the institution demonstrates 

to the satisfaction of the Secretary that its course of instruction would have 

been in conformance with the requirements of this subsection.’’; 

(4) in subsection (r)(2)— 

(A) in subparagraph (A), by striking ‘‘or’’ at the end of clause (ii); 

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

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


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‘‘(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’’; and 

(5) by adding at the end the following: 

‘‘(s) STUDENTS WITH INTELLECTUAL DISABILITIES.— 

‘‘(1) IN GENERAL.—Notwithstanding subsections (a), (c), and (d), in order to receive any grant or work assistance under section 401 and subpart 3 of part A 

and part C of this title, a student with an intellectual disability shall— 

‘‘(A) be an individual with an intellectual disability whose mental retardation or other significant cognitive impairment substantially impacts the 

individual’s intellectual and cognitive functioning; 

‘‘(B)(i) be a student eligible for assistance under the Individuals with Disabilities Education Act who has completed secondary school; or 

‘‘(ii) be an individual who was, but is no longer, eligible for assistance 

under the Individuals with Disabilities Education Act because the individual has exceeded the maximum age for which the State provides a free 

appropriate public education; 

‘‘(C) be enrolled or accepted for enrollment in a comprehensive transition 

and postsecondary education program that— 

‘‘(i) is designed to support students with an intellectual disability who 

are seeking to continue academic, vocational, and independent living 

instruction at the institution in order to prepare for gainful employment and independent living; 

‘‘(ii) includes an advising and curriculum structure; and 

‘‘(iii) requires students to participate on at least a half-time basis, as 

determined by the institution, including— 

‘‘(I) regular enrollment in courses offered by the institution; 

‘‘(II) auditing or participating in courses offered by the institution for which the student does not receive regular academic credit; 

‘‘(III) enrollment in noncredit, nondegree courses; 

‘‘(IV) participation in internships; or 

‘‘(V) a combination of 2 or more of the activities described in 

clauses (i) through (iv); 

‘‘(D) be maintaining satisfactory progress in the program as determined 

by the institution, in accordance with standards established by the institution; and 

‘‘(E) meet the requirements of paragraphs (3), (4), (5), and (6) of subsection (a). 

‘‘(2) REGULATIONS.—Notwithstanding rules applicable to grant or work assistance awards made under section 401 of part A, subpart 3 of part A, and part 

C of this title, 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. 

‘‘(t) DATA ANALYSIS ON ACCESS TO FEDERAL STUDENT AID FOR CERTAIN POPULATIONS.— 

‘‘(1) DEVELOPMENT OF THE SYSTEM.—Within one year of enactment of the College Opportunity and Affordability Act of 2007, the Secretary shall, in consultation with the Central Processing System, 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. 

‘‘(2) RESULTS FROM ANALYSIS.—The results from the analysis of such information shall be made available on a continuous basis via the Department of Education website and the Digest of Education and 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 of the Congress, 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 this section shall take affect on 

July 1, 2009. 

SEC. 486. ASSESSMENT OF COSTS AND OTHER CHARGES. 

Section 484A(b) (20 U.S.C. 1091a(b)) is amended— 


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(1) by striking ‘‘and’’ at the end of paragraph (1); 

(2) by striking the period at the end of paragraph (2) and inserting ‘‘; and’’; 

and 

(3) by adding at the end the following new paragraph: 

‘‘(3) in collecting any obligation arising from a loan made under part E of this 

title, an institution of higher education that has an agreement with the Secretary pursuant to section 463(a) shall not be subject to a defense raised by any 

borrower based on a claim of infancy.’’. 

SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS. 

Section 484B(a)(2) (20 U.S.C. 1091b(a)(2)) is amended by adding at the end the 

following new subparagraph: 

‘‘(C) READMISSION REQUIREMENTS FOR SERVICEMEMBERS.—Any institution 

of higher education that requires any student— 

‘‘(i) who is a member of the Armed Forces of the United States, or 

a member of such Armed Forces in a retired status, including members 

of the National Guard or other reserve component, 

‘‘(ii) who is on active duty, or is called or ordered to active duty (as 

defined in section 481(d)), and 

‘‘(iii) whose attendance at such institution is interrupted by such active duty, 

to apply for readmission to such institution of higher education after the 

conclusion of such active duty shall submit to the Secretary a statement 

justifying such requirement.’’. 

SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS. 

(a) DISCLOSURE OF POLICIES AND SANCTIONS RELATED TO COPYRIGHT INFRINGEMENT.—Section 485(a)(1) (20 U.S.C. 1092(a)(1)) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (N); 

(2) by striking the period at the end of subparagraph (O) and inserting ‘‘; and’’ 

; and 

(3) by adding at the end the following new subparagraph: 

‘‘(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; 

‘‘(iii) a description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that 

are taken against students who engage in unauthorized distribution of 

copyrighted materials using the institution’s information technology 

system; and 

‘‘(iv) a description of actions that the institution takes to prevent and 

detect unauthorized distribution of copyrighted material on the institution’s information technology system.’’. 

(b) CRIMINAL OFFENSES REPORTED.—Section 485(f)(1) (20 U.S.C. 1092(f)(1)) is 

amended— 

(1) in the matter preceding subparagraph (A), by inserting ‘‘, other than a foreign institution of higher education,’’ after ‘‘under this title’’; and 

(2) in subparagraph (F)— 

(A) by striking clause (i) and inserting the following: 

‘‘(i) of the following criminal offenses reported to campus security authorities or local police agencies: 

‘‘(I) murder; 

‘‘(II) sex offenses, forcible or nonforcible; 

‘‘(III) robbery; 

‘‘(IV) aggravated assault; 

‘‘(V) intimidation; 

‘‘(VI) burglary; 

‘‘(VII) larceny-theft; 

‘‘(VIII) motor vehicle theft; 

‘‘(IX) destruction, damage, or vandalism of property; 

‘‘(X) simple assault; 

‘‘(XI) manslaughter; 

‘‘(XII) arson; and 


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‘‘(XIII) arrests or persons referred for campus disciplinary action 

for liquor law violations, drug-related violations, and weapons possession; and’’; and 

(B) in clause (ii), by striking ‘‘of the crimes described in subclauses (I) 

through (VIII)’’ and inserting ‘‘for degree-granting institutions only, of the 

crimes described in subclauses (I) through (XII)’’; and 

(3) 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 shall include procedures— 

‘‘(i) to notify the campus community in not more than 30 minutes in 

the event of a significant emergency or dangerous situation, involving 

an immediate threat to the health or safety of students or staff, occurring on the campus, in or on noncampus buildings or property, and on 

public property; 

‘‘(ii) to publicize emergency response and evacuation procedures on 

an annual basis in a manner designed to reach students and staff; and 

‘‘(iii) to test emergency response and evacuation procedures on an annual basis.’’. 

(c) ADDITIONAL AMENDMENT.—Section 485(f) is further amended— 

(1) by redesignating paragraph (15) as paragraph (18); and 

(2) by inserting after paragraph (14) the following: 

‘‘(15) COMPLIANCE REPORT.—The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions 

of higher education, including an up-to-date report on the Secretary’s monitoring of such compliance. 

‘‘(16) BEST PRACTICES.—The Secretary may seek the advice and counsel of the 

Attorney General concerning the development, and dissemination to institutions 

of higher education, of best practices information about campus safety and 

emergencies. 

‘‘(17) RETALIATION PROHIBITED.—No participating institution or officer, employee, or agent of the institution shall intimidate, threaten, coerce, or otherwise discriminate against any individual for the purpose of interfering with the 

implementation of any provision of this subsection, or any rights or privileges 

accorded under this subsection, or because the individual has complained, testified, assisted, or otherwise participated in any aspect of an investigation, proceeding, or hearing.’’. 

(d) ADDITIONAL REQUIREMENTS.—Section 485 (20 U.S.C. 1092) is 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 


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safety report, which shall contain information with respect to the campus fire 

safety practices and standards of that institution, including— 

‘‘(A) statistics concerning the following in each on-campus student housing facility during the most recent calendar years for which data are available: 

‘‘(i) the number of fires and the cause of each fire; 

‘‘(ii) the number of injuries related to a fire that result in treatment 

at a medical facility; 

‘‘(iii) the number of deaths related to a fire; and 

‘‘(iv) the value of property damage caused by a fire; 

‘‘(B) a description of each on-campus student housing facility fire safety 

system, including the fire sprinkler system; 

‘‘(C) the number of regular mandatory supervised fire drills; 

‘‘(D) policies or rules on portable electrical appliances, smoking, and open 

flames (such as candles), procedures for evacuation, and policies regarding 

fire safety education and training programs provided to students, faculty, 

and staff; and 

‘‘(E) plans for future improvements in fire safety, if determined necessary 

by such institution. 

‘‘(2) REPORT TO THE SECRETARY.—Each eligible institution participating in any 

program under this title shall, on an annual basis submit to the Secretary a 

copy of the statistics required to be made available under subparagraph (A). 

‘‘(3) CURRENT INFORMATION TO CAMPUS COMMUNITY.—Each institution participating in any program under this title shall— 

‘‘(A) make, keep, and maintain a log, recording all fires in on-campus student housing facilities, including the nature, date, time, and general location of each fire; and 

‘‘(B) make annual reports to the campus community on such fires. 

‘‘(4) RESPONSIBILITIES OF THE SECRETARY.—The Secretary shall— 

‘‘(A) make such statistics submitted to the Secretary available to the public; and 

‘‘(B) in coordination with nationally recognized fire organizations and representatives of institutions of higher education, representatives of associations of institutions of higher education, and other organizations that represent and house a significant number of students— 

‘‘(i) identify exemplary fire safety policies, procedures, programs, and 

practices; 

‘‘(ii) disseminate information to the Administrator of the United 

States Fire Administration; 

‘‘(iii) make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in 

the reduction of fires; and 

‘‘(iv) develop a protocol for institutions to review the status of their 

fire safety systems. 

‘‘(5) RULES OF CONSTRUCTION.—Nothing in this subsection shall be construed 

to— 

‘‘(A) authorize the Secretary to require particular policies, procedures, 

programs, or practices by institutions of higher education with respect to 

fire safety, other than with respect to the collection, reporting, and dissemination of information required by this subsection; 

‘‘(B) affect the Family Educational Rights and Privacy Act of 1974 or the 

regulations issued under section 264 of the Health Insurance Portability 

and Accountability Act of 1996 (42 U.S.C. 1320d–2 note); 

‘‘(C) create a cause of action against any institution of higher education 

or any employee of such an institution for any civil liability; 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. 

‘‘(8) RETALIATION PROHIBITED.—No participating institution or officer, employee, or agent of the institution shall intimidate, threaten, coerce, or otherwise discriminate against any individual for the purpose of interfering with the 

implementation of any provision of this subsection, or any rights or privileges 

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fied, assisted, or otherwise participated in any aspect of an investigation, proceeding, or hearing. 

‘‘(j) MISSING PERSON PROCEDURES.— ‘‘(1) FORM AND PROTOCOLS.—Each institution of higher education participating in any program under this title shall— 

‘‘(A) include on its form for registration or enrollment of students an item 

in which the student can elect to identify an individual to be notified and 

police to be notified by the university within 24 hours of when a student 

is reported missing to the university, and 

‘‘(B) establish protocols for missing students that— 

‘‘(i) require any missing person report relating to any student be referred to the institution’s police or campus security department; and 

‘‘(ii) if, on investigation of the report, such department determines 

that the missing person has been missing for more than 24 hours, require— 

‘‘(I) such department to refer to the item on the registration document required under subparagraph (A) and contact the individual 

named by the student in such item; and 

‘‘(II) if the student is under 18 years of age, the institution of 

higher education to automatically contact the parents of such student. 

‘‘(2) WAIVER.—The item required by paragraph (1)(A) shall explicitly and 

prominently state that by identifying an individual to contact in the case of disappearance, the student waives any right to sue based on Federal or State privacy law in the event that a missing persons notification is made to the individual named by such student in such item. 

‘‘(3) ADDITIONAL REMEDIES PERMITTED.—Nothing in this subsection shall be 

construed to prevent or discourage an institution of higher education from taking additional measures with respect to missing students beyond those required 

by this subsection. 

‘‘(k) NOTICE TO STUDENTS CONCERNING PENALTIES FOR DRUG VIOLATIONS.—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).’’. 

SEC. 489. ARTICULATION AGREEMENTS. 

Part G of title IV is amended by inserting after section 486 (20 U.S.C. 1093) the 

following new section: 

‘‘SEC. 486A. ARTICULATION AGREEMENTS. 

‘‘(a) PROGRAM TO ENCOURAGE ARTICULATION AGREEMENTS.— ‘‘(1) PROGRAM REQUIREMENTS.—The Secretary shall carry out a program for 

States, in cooperation with public institutions of higher education, to develop, 

enhance, and implement comprehensive articulation agreements 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 institutions, and on the application materials of 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) developing or expanding articulation agreements that include both 

public and private institutions of higher education; and 

‘‘(D) other strategies identified by the Secretary. 

‘‘(2) TECHNICAL ASSISTANCE PROVIDED.—The Secretary shall provide technical 

assistance to States and 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 limit the academic freedom or choices of institutions of higher education. 

‘‘(b) STUDY REQUIRED.—The Secretary shall conduct a study to review the articulation agreements at State-based college and university systems, including junior or 

community colleges, as well as those at other institutions of higher education, including private non-profit and for-profit institutions. 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 the programs offered; 


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‘‘(B) the cost-savings to the participating institutions and to the students; 

‘‘(C) what strategies are being employed, including common course numbering and general education core curriculum; 

‘‘(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. 

‘‘(c) REPORT.—The Secretary shall submit to the authorizing committees an interim report on the study required by this section not later than 2 years after the 

date of enactment of the College Opportunity and Affordability Act of 2007 and a 

final report on such study not later than January 1, 2013. 

‘‘(d) DEFINITION.—In 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.’’. 

SEC. 490. PROGRAM PARTICIPATION AGREEMENTS. 

(a) ADDITIONAL REQUIREMENTS.—Section 487(a) (20 U.S.C. 1094(a)) is amended— 

(1) by adding at the end of paragraph (23) the following new subparagraph: 

‘‘(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, provided such information is in an electronic message devoted exclusively to voter registration.’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(24)(A) A covered institution that has entered into a preferred lender arrangement will compile, maintain, and make available for students attending 

the institution (or the parents of such students) a list, in print or any other medium, of the specific lenders for educational loans that the institution recommends, promotes, or endorses in accordance with such preferred lender arrangement. In compiling, maintaining, and making available such list, the institution will— 

‘‘(i) clearly and fully disclose on such list— 

‘‘(I) no less than the information required to be disclosed in the model 

disclosure form, or updated model disclosure form, required under section 153; 

‘‘(II) why the institution has entered into a preferred lender arrangement with each listed lender, particularly with respect to terms and 

conditions favorable to the borrower; and 

‘‘(III) that the students attending the institution (or the parents of 

such students) do not have to borrow from a listed lender; 

‘‘(ii) ensure, through the use of the list provided by the Secretary under 

subparagraph (B), that— 

‘‘(I) there are not less than 3 lenders of loans made under part B that 

are not affiliates of each other included on such list and, if the institution recommends, promotes, or endorses private educational loans, 

there are not less than 2 lenders of private educational loans that are 

not affiliates of each other included on such list; 

‘‘(II) the list under this subparagraph— 

‘‘(aa) specifically indicates, for each listed lender, whether the 

lender is or is not an affiliate of each other lender on the list; and 

‘‘(bb) if a lender is an affiliate of another lender on the list, describes the details of such affiliation; 

‘‘(iii) 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 benefits provided to borrowers, including— 

‘‘(I) highly competitive interest rates, terms, or conditions of Federal 

and private educational loans; 

‘‘(II) high-quality servicing for such loans; or 

‘‘(III) additional benefits beyond the standard terms and conditions 

for such loans; 


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‘‘(iv) exercise a duty of care and a duty of loyalty to compile the list under 

this subparagraph without prejudice and for the sole benefit of the students 

attending the institution (or the parents of such students); 

‘‘(v) not deny or otherwise impede the borrower’s choice of a lender or 

cause unnecessary delays in loan certification under this title for those borrowers who choose a lender that has not been recommended, promoted, or 

endorsed by the institution; and 

‘‘(vi) comply with such other requirements as the Secretary may prescribe 

by regulation. 

‘‘(B) The Secretary shall maintain and update a list of lender affiliates of all 

eligible lenders, and shall provide such list to the institutions for use in carrying out subparagraph (A). 

‘‘(C) For the purposes of subparagraph (A)— 

‘‘(i) the term ‘affiliate’ means a person that controls, is controlled by, or 

is under common control with another person; 

‘‘(ii) a person controls, is controlled by, or is under common control with 

another person if— 

‘‘(I) the person directly or indirectly, or acting through 1 or more others, owns, controls, or has the power to vote 5 percent or more of any 

class of voting securities of such other person; 

‘‘(II) the person controls, in any manner, the election of a majority 

of the directors or trustees of such other person; or 

‘‘(III) the Secretary determines (after notice and opportunity for a 

hearing) that the person directly or indirectly exercises a controlling interest over the management or policies of such other person; 

‘‘(iii) the term ‘preferred lender arrangement’ has the meaning provided 

in section 151; 

‘‘(iv) the term ‘educational loans’ has the meaning provided in section 

151, except that such term does not include loans under section 499(b) or 

under parts D or E of this title. 

‘‘(25) The institution will submit to the Secretary annually, in such form as 

the Secretary may prescribe, data on— 

‘‘(A) the number and percentage of students taking classes in whole or 

in part on-line or through distance education; 

‘‘(B) of such students, the number and percentage of those taking their 

classes exclusively on-line or through distance education; and 

‘‘(C) the number and percentage of courses offered by the institution that 

are offered on-line or through distance education.’’. 

(b) REPORTS ON DISCIPLINARY PROCEEDINGS.— 

(1) AMENDMENT.—Section 487(a) (20 U.S.C. 1094(a)) is further amended by 

adding after paragraph (25), as added by subsection (a) of this section, the following new paragraph: 

‘‘(26) The institution will, upon request, disclose to the alleged victim of any 

crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, the final 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, the next of kin of such victim shall be treated as 

the alleged victim for purposes of this paragraph.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply 

with respect to any disciplinary proceeding conducted by such institution on or 

after one year after the date of enactment of this Act. 

(c) ENFORCING THE 90/10 RULE.— 

(1) AMENDMENT.—Section 487(a) (20 U.S.C. 1094(a)) is further amended by 

adding at the end the following new paragraph: 

‘‘(27) A proprietary institution of higher education (as defined in section 

102(b)) will, as calculated in accordance with subsection (f)(1) of this section, 

have not less than 10 percent of its revenues from sources other than funds provided under this title, or will be subject to the sanctions described in subsection 

(f)(2) of this section.’’. 

(2) IMPLEMENTATION.—Section 487 is further amended by adding at the end 

the following new subsection: 

‘‘(f) IMPLEMENTATION OF NON-TITLE IV REVENUE REQUIREMENT.— 

‘‘(1) CALCULATION.—In carrying out subsection (a)(27), a proprietary institution of higher education shall— 

‘‘(A) use the cash basis of accounting; 

‘‘(B) consider as revenue only those funds generated by the institution 

from— 


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‘‘(i) tuition, fees, and other institutional charges for students enrolled 

in programs eligible for assistance under this title; 

‘‘(ii) activities conducted by the institution, to the extent not included 

in tuition, fees, and other institutional charges, that are necessary for 

the education or training of its students who are enrolled in programs 

eligible for assistance under this title, 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, provided that the program is 

approved or licensed by the appropriate State agency and is accredited 

by an accrediting agency recognized by the Secretary; 

‘‘(C) presume that any title IV program funds disbursed or delivered to 

or on behalf of a student will be used to pay the student’s tuition, fees, or 

other institutional charges, regardless of whether the institution credits 

those funds to the student’s account or pays those funds directly to the student, except to the extent that the student’s tuition, fees, or other institutional charges are satisfied by— 

‘‘(i) grant funds provided by non-Federal public agencies or private 

sources independent of the institution; 

‘‘(ii) 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 

‘‘(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, provided that the institution can reasonable demonstrate such funds were 

used to pay the student’s tuition, fees, or other institutional charges; 

‘‘(D) include institutional aid as revenue to the school only as follows: 

‘‘(i) in the case of institutional loans, only the amount of loan repayments received during the fiscal year; and 

‘‘(ii) in the case of institutional scholarships, only those 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 the 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) exclude from revenues— 

‘‘(i) the amount of funds it received under the Federal Work-Study 

program, unless the institution used those funds to pay a student’s institutional charges; 

‘‘(ii) the amount of funds it received under the Leveraging Education 

Assistance Partnership program; 

‘‘(iii) the amount of institutional funds it used to match title IV program funds; 

‘‘(iv) the amount of title IV program funds that must be refunded or 

returned; or 

‘‘(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) An institution that fails to meet the requirements of subsection 

(a)(27) for 2 consecutive fiscal years shall become ineligible to participate 

in the programs authorized by this title. To regain eligibility to participate 

in the programs authorized by this title, an institution that loses its eligibility as a sanction under this subparagraph must demonstrate compliance 

with all eligibility requirements for at least the 3 fiscal years following the 

fiscal year the institution became ineligible. 

‘‘(B) In addition to such other means of enforcing the requirements of this 

title as may be available to the Secretary, if an institution fails to meet the 

requirements of subsection (a)(27) in any fiscal year, the Secretary shall impose sanctions on the institution, which shall include— 


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‘‘(i) placing the institution on provisional certification in accordance 

with section 498(h) until the institution demonstrates, to the satisfaction of the Secretary, that it is in compliance with subsection (a)(27); 

‘‘(ii) requiring the institution to provide to the Secretary satisfactory 

evidence of its financial responsibility in accordance with section 

498(c)(3); and 

‘‘(iii) requiring such other increased monitoring and reporting requirements as the Secretary determines necessary until the institution 

demonstrates, to the satisfaction of the Secretary, that it is in compliance with subsection (a)(27). 

‘‘(3) PUBLICATION ON COLLEGE NAVIGATOR WEBSITE.—The Secretary shall publicly disclose the identity of any institution that fails to meet the requirements 

of subsection (a)(27) on the College Navigator website. 

‘‘(4) REPORT TO CONGRESS.—The Secretary shall annually submit to the authorizing committees a report that contains, for each institution subject to the 

requirement of subsection (a)(27), the result of the calculation of revenue performed by each such institution pursuant to such subsection and paragraph (1) 

of this subsection.’’. 

(d) COMPUTER DISPOSAL.—Section 487(a) is further amended by adding at the end 

the following new paragraph: 

‘‘(28)(A) The institution of higher education will establish a policy on the disposal or disposition (including selling, donating, returning upon lease end, or 

destroying by recycling), of all technology assets which may have personal and 

sensitive data of students. Such policy may include a forensic scrub that ensures total destruction of data on the technology assets and include a designated for disposal or disposition, transfer ownership and liability from that institution to State and federally approved recyclers or de-manufacturers of such 

equipment. 

‘‘(B) For purposes of this paragraph, the term ‘technology assets’ means a 

computer central processing unit, monitor, printer, router, server, peripheral devices (such as switches, hubs, and systems), firewalls, telephones, or other simple network devices or single piece of information technology equipment.’’. 

(e) AUDITS; FINANCIAL RESPONSIBILITY; ENFORCEMENT OF STANDARDS.—Section 

487(c)(1)(A) (20 U.S.C. 1094(c)(1)(A)) is amended— 

(1) in clause (i)— 

(A) by striking ‘‘clauses (ii) and (iii)’’ and inserting ‘‘clauses (ii), (iii), and 

(iv)’’; and 

(B) 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 receive less than $500,000 in loans under this title during the award 

year preceding the audit period’’; 

(2) in clause (ii), by striking ‘‘or’’ after the semicolon; 

(3) in clause (iii), by inserting ‘‘or’’ after the semicolon; and 

(4) by inserting after clause (iii) the following new clause: 

‘‘(iv) with respect to an eligible institution that is audited under clause 

(i), and for which it is determined through such audit that the percentage 

of students enrolled at the institution who were accepted for enrollment and 

made eligible for student financial assistance under this title by way of section 484(d)(2) exceeds 5 percent of the total enrollment of the institution for 

such academic year, an additional review to confirm that the institution is 

in compliance with the regulations prescribed by the Secretary under section 484(d);’’. 

SEC. 491. REGULATORY RELIEF AND IMPROVEMENT. 

Section 487A(b) (20 U.S.C. 1094a(b)) is amended— 

(1) by amending paragraph (1) to read as follows: 

‘‘(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) by striking the matter preceding paragraph (2)(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, subVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00114 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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mit 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. 492. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE. 

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 at the end and inserting 

a semicolon; and 

(C) by adding at the end the following: 

‘‘(D) to provide knowledge and understanding of early intervention programs and make recommendations that will result in early awareness by 

low- and moderate-income students and families of their eligibility for assistance under this title, and, to the extent practicable, their eligibility for 

other forms of State and institutional need-based student assistance; and 

‘‘(E) to make recommendations that will expand and improve partnerships among the Federal Government, States, institutions, and private entities to increase the awareness and total amount of need-based student assistance available to low- and moderate-income students.’’; 

(2) 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 (10); and 

(D) by inserting after paragraph (8) the following: 

‘‘(9) monitor the adequacy of total need-based aid available to low- and moderate-income students from all sources, assess the implications for access and 

persistence, and report those implications annually to Congress and the Secretary; and’’; 

(3) in subsection (j)(1)— 

(A) by inserting ‘‘and simplification’’ after ‘‘delivery processes’’; and 

(B) 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 

(4) in subsection (k), by striking ‘‘2004’’ and inserting ‘‘2011’’. 

SEC. 493. NEGOTIATED RULEMAKING. 

Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amended by striking ‘‘from individuals 

nominated by groups described in subsection (a)(1)’’ and inserting ‘‘from individuals 

who are nominated by groups described in subsection (a)(1) and who have recognized legitimacy as designated representatives of major stakeholders, sectors, and 

constituencies in the higher education community’’. 

SEC. 494. TECHNICAL AMENDMENT. 

Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by striking ‘‘or is already 

in default’’. 

SEC. 495. CAMPUS-BASED DIGITAL THEFT PREVENTION. 

Part G of title IV (20 U.S.C. 1088 et seq.) is further amended by adding at the 

end the following new section: 


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‘‘SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION. 

‘‘(a) IN GENERAL.—Each eligible institution participating in any program under 

this title shall to the extent practicable— 

‘‘(1) make publicly available to their students and employees, the policies and 

procedures related to the illegal downloading and distribution of copyrighted 

materials required to be disclosed under section 485(a)(1)(P); and 

‘‘(2) develop a plan for offering alternatives to illegal downloading or peer-topeer distribution of intellectual property as well as a plan to explore technologybased deterrents to prevent such illegal activity. 

‘‘(b) GRANTS.— 

‘‘(1) PROGRAM AUTHORITY.—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 a 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. 

‘‘(2) AWARDS.—Grants and contracts shall be awarded under paragraph (1) on 

a competitive basis. 

‘‘(3) APPLICATIONS.—An institution of higher education or a consortium of 

such institutions that desires to receive a grant or contract under paragraph (1) 

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. 

‘‘(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 for each of the 4 succeeding fiscal years.’’. 

PART H—PROGRAM INTEGRITY 

SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION. 

(a) AMENDMENTS.—Section 496 (20 U.S.C. 1099b) is amended— 

(1) in subsection (a)— 

(A) in paragraph (4)— 

(i) by striking ‘‘(4) such agency’’ and insert ‘‘(4)(A) such agency’’; 

(ii) by inserting ‘‘and’’ after the semicolon at the end; and 

(iii) by adding at the end the following new subparagraph: 

‘‘(B) if such agency or association has or seeks to include within its scope of 

recognition the evaluation of the quality of institutions or programs offering distance education, such agency or association shall, in addition to meeting the 

other requirements of this subpart, demonstrate to the Secretary that— 

‘‘(i) the agency or association’s standards effectively address the quality 

of an institution’s distance education in the areas identified in paragraph 

(5), except that the agency or association shall not be required to have separate standards, procedures or policies for the evaluation of distance education institutions or programs in order to meet the requirements of this 

subparagraph; and 

‘‘(ii) the agency or association requires an institution that offers distance 

education to have processes through which the institution establishes that 

the student who registers in a distance education course or program is the 

same student who participates in and completes the program and receives 

the academic credit;’’; 

(B) by striking paragraph (6) and inserting the following: 

‘‘(6) such agency or association shall establish and apply review procedures 

throughout the accrediting process, including evaluation and withdrawal proceedings which comply with due process procedures that provide for— 

‘‘(A) adequate specification of requirements, including clear and consistent standards for an institution to be accredited, and deficiencies at the 

institution of higher education or program examined; 

‘‘(B) an opportunity for a written response by any such institution to be 

included, prior to final action, in the evaluation and withdrawal proceedings; 

‘‘(C) upon the written request of an institution, an opportunity for the institution to appeal any adverse action, including denial, withdrawal, susVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00116 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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pension, or termination of accreditation, at a hearing prior to such action 

becoming final, before an appeals panel that— 

‘‘(i) shall not include current members of the agency or association’s 

underlying decision-making body that made the adverse decision; and 

‘‘(ii) is subject to a conflict of interest policy; and 

‘‘(D) the right to representation by counsel for such an institution during 

an appeal of the adverse action;’’; and 

(C) by striking paragraph (8) and inserting the following: 

‘‘(8) such agency or association shall make available to the public and the 

State licensing or authorizing agency, and submit to the Secretary, a summary 

of agency or association actions, including— 

‘‘(A) the award of accreditation or reaccreditation of an institution; 

‘‘(B) final denial, withdrawal, suspension, or termination of accreditation, 

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; 

‘‘(9) such agency or association confirms, as a part of the agency or association’s review for accreditation or reaccreditation, that the institution has transfer of credit policies— 

‘‘(A) that are publicly disclosed; and 

‘‘(B) that include a statement of the criteria established by the institution 

regarding the transfer of credit earned at another institution of higher education; 

‘‘(10) such agency or association reviews and takes into consideration the institution’s response in any review or determination, and includes in any determination a written statement addressing the institution’s response and stating 

the basis for such determination, and a copy of the institution’s response; and 

‘‘(11) such agency or association shall not make a determination or take adverse action based upon an unpublished or undocumented policy, practice, or 

precedent.’’; 

(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); and 

(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 a teach-out plan for approval to the accrediting agency upon the occurrence of any of the following events: 

‘‘(A) the Department notifies the accrediting agency of an action against 

the institution pursuant to section 487(d); 

‘‘(B) the accrediting agency acts to withdraw, terminate, or suspend the 

accreditation of an institution; and 

‘‘(C) the institution notifies the accrediting agency that the institution intends to cease operations;’’; 

(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.’’; and 

(4) in subsection (o), by adding at the end the following: ‘‘Notwithstanding any 

other provision of law, the Secretary shall not promulgate any regulation with 

respect to subsection (a)(5).’’. 

(b) ADDITIONAL AMENDMENT.—Section 496(a)(4)(A) as amended by subsection (a) 

is further amended by inserting after ‘‘consistently applies and enforces standards’’ 

the following: ‘‘that respect the stated mission of the institution of higher education, 

including religious missions, and’’. 

SEC. 497. ACCREDITATION OMBUDSMAN. 

Subpart 2 of part H of title IV is amended by inserting after section 496 (20 

U.S.C. 1099b) the following new section: 

‘‘SEC. 497. ACCREDITATION OMBUDSMAN. 

‘‘(a) APPOINTMENT.—The Assistant Secretary for Postsecondary Education, in consultation with the Secretary, shall appoint an Accreditation Ombudsman to provide 

timely assistance to institutions of higher education, accrediting agencies and associations, and other participants in the accreditation process who may have grievances related to the functions described in subsection (c). 


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‘‘(b) PUBLIC INFORMATION.—The Assistant Secretary for Postsecondary Education 

shall disseminate information about the availability and functions of the Ombudsman to institutions of higher education, accrediting agencies and associations, and 

other participants in the accreditation process. 

‘‘(c) FUNCTIONS OF OMBUDSMAN.—The Ombudsman appointed under this section 

shall— 

‘‘(1) in accordance with regulations of the Secretary, receive, review, and attempt to resolve complaints from institutions of higher education, accrediting 

agencies and associations, and other participants in the accreditation process 

described in subsection (a), including, as appropriate, attempts to resolve such 

complaints within the Department of Education and with institutions of higher 

education, accreditation agencies and associations, and other participants in 

title IV programs; and 

‘‘(2) compile and analyze data on institutions of higher education and accrediting agency and association complaints and make appropriate recommendations. 

‘‘(d) REPORT.—Each year, the Ombudsman shall submit a report to the Assistant 

Secretary for Postsecondary Education, for inclusion in the annual report under section 114, that describes the activities, and evaluates the effectiveness of the Ombudsman during the preceding year.’’. 

SEC. 498. PROGRAM REVIEW AND DATA. 

Section 498A(b) (20 U.S.C. 1099c–1(b)) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (4); 

(2) by striking the period at the end of paragraph (5) and inserting a semicolon; and 

(3) by adding at the end the following new paragraphs: 

‘‘(6) provide the institution adequate opportunity to review and respond to any 

program review report or audit finding before any final program review or audit 

determination is reached, including access to any and all workpapers, notes, 

documentation, records, or other information relating to the program review report or audit finding; 

‘‘(7) review and take into consideration the institution’s response in any final 

program review or audit determination, and include in the final determination 

a written statement addressing the institution’s response and stating the basis 

for such final determination, and 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 determination has been issued.’’. 

SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION. 

Section 499 (as added by section 701 of the College Cost Reduction and Access 

Act of 2007) is amended 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— 

‘‘(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 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; 

‘‘(6) the feasibility of using the mechanism piloted to operate the other loan 

programs under part B of this title; and 


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‘‘(7) the feasibility of using other market mechanisms to operate the loan programs under part B of this title, including the sale of securities backed by federally owned student loan assets originated by banks acting as agents of the Federal Government. 

‘‘(d) REPORTS.—The Secretary and the Secretary of the Treasury shall submit to 

the authorizing committees— 

‘‘(1) not later than September 1, 2010, a preliminary report regarding the 

findings of the evaluation described in subsection (c); 

‘‘(2) not later than September 1, 2012, an interim report regarding such findings; and 

‘‘(3) not later than September 1, 2013, a final report regarding such findings.’’. 

TITLE V—TITLE V AMENDMENTS 

SEC. 501. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS. 

(a) ESTABLISHMENT OF PROGRAM.—Title V 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 (20 U.S.C. 1101d) the following new part: 

‘‘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 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 competitive grants to Hispanic-serving institutions determined by the Secretary to be making substantive contributions 

to graduate educational opportunities for Hispanic students. 

‘‘(b) ELIGIBILITY.—For the purposes of this part, an ‘eligible institution’ means an 

institution of higher education that— 

‘‘(1) is an eligible institution under section 502(a)(2); and 

‘‘(2) offers a postbaccalaureate certificate or degree granting program. 

‘‘SEC. 513. AUTHORIZED ACTIVITIES. 

‘‘Grants awarded under this part shall be used for one or more of the following 

activities: 

‘‘(1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes. 

‘‘(2) Construction, maintenance, renovation, and 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 needy postbaccalaureate students including outreach, academic support services, mentoring, scholarships, fellowships, and other financial 

assistance to permit the enrollment of such students in postbaccalaureate certificate and degree granting programs. 

‘‘(5) Support of faculty exchanges, faculty development, faculty research, curriculum development, and academic instruction. 

‘‘(6) Creating or improving facilities for Internet or other distance learning 

academic instruction capabilities, including purchase or rental of telecommunications technology equipment or services. 

‘‘(7) Collaboration with other institutions of higher education to expand 

postbaccalaureate certificate and degree offerings. 

‘‘(8) Other activities proposed in the application submitted pursuant to section 

514 that— 


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‘‘(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 

determined by the Secretary. Such application shall demonstrate how the grant 

funds will be used to improve postbaccalaureate education opportunities in programs and professions in which Hispanic Americans are underrepresented. 

‘‘(b) DURATION.—Grants under this part shall be awarded for a period not to exceed 5 years. 

‘‘(c) LIMITATION.—The Secretary shall not award more than one grant under this 

part in any fiscal year to any Hispanic-serving institution.’’. 

(b) COOPERATIVE ARRANGEMENTS.—Section 524(a) (as redesignated by subsection 

(a)(2)) (20 U.S.C. 1103c(a)) is amended by inserting ‘‘and section 513’’ after ‘‘section 

503’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Subsection (a) of section 528 (as redesignated by subsection (a)(2) of this section) (20 U.S.C. 1103g) is amended to read as 

follows: 

‘‘(a) AUTHORIZATIONS.— 

‘‘(1) PART A.—There are authorized to be appropriated to carry out part A and 

part C of this title $175,000,000 for fiscal year 2009 and such sums as may be 

necessary for each of the 4 succeeding fiscal years. 

‘‘(2) PART B.—There are authorized to be appropriated to carry out part B of 

this title $125,000,000 for fiscal year 2009 and such sums as may be necessary 

for each of the 4 succeeding fiscal years.’’. 

(d) MINIMUM GRANT AMOUNT.—Section 528 (as redesignated by subsection (a)(2) 

of this section) (20 U.S.C. 1103g) is amended by adding at the end the following: 

‘‘(c) MINIMUM GRANT AMOUNT.—The minimum amount of a grant under this title 

shall be $200,000.’’. 

(e) PART A AUTHORIZED USES OF FUNDS.—Section 503(b) (20 U.S.C. 1101b(b)) is 

amended— 

(1) by redesignating paragraph (14) as paragraph (15); and 

(2) by inserting after paragraph (13) the following new paragraph: 

‘‘(14) Providing education or financial information designed to improve the financial literacy and economic literacy of students or the students’ parents, especially with regard to student indebtedness and student assistance programs 

under the title IV.’’. 

TITLE VI—TITLE VI AMENDMENTS 

SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES. 

(a) FINDINGS AND PURPOSES.—Section 601 (20 U.S.C. 1121) is amended— 

(1) in subsection (a)(3), by striking ‘‘post-Cold War’’; 

(2) in subsection (b)(1), by striking ‘‘; and’’ at the end of subparagraph (D) and 

inserting ‘‘, including through linkages overseas with institutions of higher education and relevant organizations that contribute to the educational programs 

assisted under this part; and’’; and 

(3) in subsection (b)(3) by inserting ‘‘, and international business and trade 

competitiveness’’ before the period. 

(b) GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND PROGRAMS.—Section 602(a) (20 U.S.C. 1122(a)) is amended— 

(1) 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.’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘and’’ at the end of subparagraph (G); 

(B) by striking the period at the end of subparagraph (H) and inserting 

a semicolon; and 

(C) by inserting after subparagraph (H) the following new subparagraphs: 

‘‘(I) supporting instructors of the less commonly taught languages; and 


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‘‘(J) projects that support in students an understanding of science and 

technology in coordination with foreign language proficiency.’’; and 

(3) in paragraph (4)— 

(A) by amending subparagraph (B) to read as follows: 

‘‘(B) Partnerships or programs of linkage and outreach with 2-year and 

4-year colleges and universities, including colleges of education and teacher 

professional development programs.’’; 

(B) in subparagraph (C), by striking ‘‘Programs of linkage or outreach’’ 

and inserting ‘‘Partnerships or programs of linkage and outreach’’; 

(C) 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)’’; 

(D) by redesignating subparagraphs (C), (D), and (E) as subparagraphs 

(D), (E), and (F), respectively; and 

(E) by inserting after subparagraph (B) the following new subparagraph: 

‘‘(C) Partnerships with local educational agencies and public and private 

elementary and secondary education schools that are designed to increase 

student academic achievement in foreign language and knowledge of world 

regions, and to facilitate the wide dissemination of materials related to area 

studies.’’. 

(c) FELLOWSHIPS FOR FOREIGN LANGUAGE AND AREA OR INTERNATIONAL STUDIES.—Section 602(b) (20 U.S.C. 1122(b)) is amended— 

(1) by inserting ‘‘AND UNDERGRADUATE’’ after ‘‘GRADUATE’’ in the subsection 

heading; and 

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

‘‘(2) ELIGIBLE STUDENTS.—A student receiving a stipend described in paragraph (1) shall be engaged in an instructional program with stated performance 

goals for functional foreign language use or in a program developing such performance goals, in combination with area studies, international studies, or the 

international aspects of a professional studies program, including 

predissertation level studies, preparation for dissertation research, dissertation 

research abroad, and dissertation writing, and— 

‘‘(A) in the case of graduate fellowships, activities in connection with a 

program described in this paragraph may include predissertation level 

studies, preparation for dissertation research, dissertation research abroad, 

and dissertation writing; or 

‘‘(B) in the case of undergraduate fellowships, students may be allowed 

to use their fellowships abroad for intermediate or advanced study of a less 

commonly taught language.’’. 

(d) 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’’. 

(e) 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)(ii), by striking ‘‘teacher training’’ and inserting 

‘‘teacher professional development’’; 

(B) by redesignating subparagraphs (I) through (M) as subparagraphs (J) 

through (N), respectively; 

(C) by inserting after subparagraph (H) the following new subparagraph: 

‘‘(I) the provision of grants for educational programs abroad that are 

closely linked to the program’s overall goals and have the purpose of promoting foreign language fluency and knowledge of world regions, except 

that not more than 10 percent of a grant recipient’s funds may be used for 

this purpose;’’; and 

(D) in subparagraph (M)(ii) (as redesignated by subparagraph (B) of this 

paragraph), by striking ‘‘elementary and secondary education institutions’’ 

and inserting ‘‘local educational agencies and public and private elementary 

and secondary education schools’’; 

(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)(8), by striking ‘‘may’’ and inserting ‘‘shall’’; and 

(6) by striking subsection (c). 


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(f) RESEARCH; STUDIES; ANNUAL REPORT.—Section 605(a) (20 U.S.C. 1125(a)) is 

amended by inserting before the period at the end of the first sentence the following: 

‘‘, including the systematic collection, analysis, and dissemination of data’’. 

(g) 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 or libraries and nonprofit 

educational organizations including museums’’; 

(B) by striking ‘‘new’’; and 

(C) by inserting ‘‘from foreign sources’’ after ‘‘disseminate information’’; 

(2) in subsection (b)— 

(A) by inserting ‘‘acquire and’’ before ‘‘facilitate access’’ in paragraph (1); 

(B) by striking ‘‘new means of’’ in paragraph (3) and inserting ‘‘new 

means and standards for’’; 

(C) by striking ‘‘and’’ at the end of paragraph (6); 

(D) by striking the period at the end of paragraph (7) and inserting a 

semicolon; and 

(E) by inserting after paragraph (7) the following new paragraphs: 

‘‘(8) to establish linkages between grant recipients under subsection (a) with 

libraries, museums, organizations, or institutions of higher education located 

overseas to facilitate carrying out the purposes of this section; and 

‘‘(9) to carry out other activities deemed by the Secretary to be consistent with 

the purposes of this section.’’; and 

(3) by adding at the end the following new subsection: 

‘‘(e) SPECIAL RULE.—The Secretary may waive or reduce the required non-Federal 

share 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.’’. 

(h) SELECTION OF GRANT RECIPIENTS.—Section 607(b) (20 U.S.C. 1127(b)) is 

amended— 

(1) by striking ‘‘objectives’’ and inserting ‘‘missions’’; and 

(2) by adding at the end the following new sentence: ‘‘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, generate and disseminate information, and foster debate on international issues.’’. 

(i) EQUITABLE DISTRIBUTION.—Section 608(a) (20 U.S.C. 1128(a)) is amended by 

adding at the end the following new sentence: ‘‘Grants made under section 602 shall 

also reflect the purposes of this part.’’. 

(j) AUTHORIZATION OF APPROPRIATIONS.—Section 610 (20 U.S.C. 1128b) is amended by striking ‘‘1999’’ and inserting ‘‘2009’’. 

(k) CONFORMING AMENDMENTS.— 

(1) 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’’. 

(2) Section 612 (20 U.S.C. 1130–1) is further amended by striking ‘‘combination’’ each place it appears and inserting ‘‘consortium’’. 

SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS. 

(a) CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.—Section 612 (20 U.S.C. 

1130–1) is further amended— 

(1) in subsection (a)(1)(C), by inserting ‘‘manufacturing software systems, 

technology management,’’ after ‘‘commerce,’’; 

(2) in subsection (c)(2)(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’’; 

(3) in subsection (c)(2)— 

(A) by striking ‘‘and’’ at the end of subparagraph (E); and 

(B) by inserting the following new subparagraph after subparagraph (E) 

(and redesignating the succeeding subparagraph): 

‘‘(F) programs encouraging the advancement and understanding of cultural, technological management, and manufacturing software systems 

practices between institutions of higher education in the United States and 

countries with existing partnerships with other countries, including those 

in Asian countries focused on this industry; and’’; and 

(4) in subsection (e), by adding at the end the following new paragraph: 


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‘‘(5) SPECIAL RULE.—The Secretary may waive or reduce the required nonFederal share for institutions that— 

‘‘(A) are eligible to receive assistance under part A or B of title III or 

under title V; and 

‘‘(B) have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as determined by the Secretary.’’. 

(b) EDUCATION AND TRAINING PROGRAMS.—Section 613 (20 U.S.C. 1130a) is 

amended by adding at the end the following new subsection: 

‘‘(e) SPECIAL RULE.—The Secretary may waive or reduce the required non-Federal 

share 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.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 614 (20 U.S.C. 1130b) is amended by striking ‘‘1999’’ each place it appears and inserting ‘‘2009’’. 

SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY. 

(a) FOREIGN SERVICE PROFESSIONAL DEVELOPMENT.—Section 621 (20 U.S.C. 1131) 

is amended— 

(1) by striking the heading of such section and inserting the following: 

‘‘SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFESSIONALS.’’; 

(2) by striking the second sentence of subsection (a) 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, the international commercial service, and the 

foreign service of the United States.’’; and 

(3) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting 

the following: 

‘‘(A) A Tribally Controlled College or University or Alaska Native or Native Hawaiian-serving institution eligible for assistance under title III, an 

institution eligible for assistance under part B of title III, or a Hispanicserving institution eligible for assistance under title V. 

‘‘(B) An institution of higher education which serves substantial numbers 

of underrepresented minority students.’’. 

(b) INSTITUTIONAL DEVELOPMENT.—Section 622(a) (20 U.S.C. 1131–1(a)) is amended by inserting before the period at the end the following: ‘‘and promote collaboration with colleges and universities that receive funds under this title’’. 

(c) STUDY ABROAD PROGRAM.—Section 623(a) (20 U.S.C. 1131a(a)) is amended by 

inserting after ‘‘1978,’’ the following: ‘‘Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions,’’. 

(d) 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, international affairs, international 

economics, or other academic 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’’. 

(e) INTERNSHIPS.—Section 625 (20 U.S.C. 1131c) is amended— 

(1) in subsection (a), by inserting after ‘‘1978,’’ the following: ‘‘Alaska Nativeserving, Native Hawaiian-serving, and Hispanic-serving institutions,’’; 

(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) by amending subsection (c) to read as follows: 

‘‘(c) RALPH J. BUNCHE FELLOWS.—In order to assure the recognition and commitment of individuals from underrepresented student populations who demonstrate 

special interest in international affairs and language study, eligible students who 

participate in the internship programs authorized under subsections (a) and (b) 

shall be known as the Ralph J. Bunche Fellows.’’. 


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(f) REPORT.—Section 626 (20 U.S.C. 1131d) is amended by striking ‘‘annually prepare a report’’ and inserting ‘‘prepare a report biennially’’. 

(g) AUTHORIZATION OF APPROPRIATIONS.—Section 628 (20 U.S.C. 1131f) is amended by striking ‘‘1999’’ and inserting ‘‘2009’’. 

SEC. 604. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION. 

Title VI (20 U.S.C. 1121 et seq.) is amended— 

(1) by redesignating part D as part E; 

(2) by redesignating section 631 (20 U.S.C. 1132) as section 641; and 

(3) by inserting after section 628 the following new part: 

‘‘PART D—PREPARING FOR EARLY FOREIGN LANGUAGE 

INSTRUCTION 

‘‘SEC. 631. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means a partnership that— 

‘‘(A) shall include— 

‘‘(i) a foreign language department of an institution of higher education; and 

‘‘(ii) a local educational agency; and 

‘‘(B) may include— 

‘‘(i) another foreign language or teacher education department of an 

institution of higher education; 

‘‘(ii) another local educational agency, or an elementary or secondary 

school; 

‘‘(iii) a business; 

‘‘(iv) a nonprofit organization of demonstrated effectiveness, including 

a museum; 

‘‘(v) heritage or community centers for language study; 

‘‘(vi) language resource centers; or 

‘‘(vii) the State foreign language coordinator or State educational 

agency. 

‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘high-need local educational agency’ has the meaning given the term in section 2102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6602). 

‘‘(3) ARTICULATED.—The term ‘articulated’ means that each grade level of the 

foreign language program is designed to sequentially expand on the student 

achievement of the previous level with a goal toward achieving an established 

level of language proficiency. 

‘‘(b) PURPOSE.—The purpose of this section is to improve the performance of students in the study of foreign languages by encouraging States, institutions of higher 

education, elementary schools, and secondary schools to participate in programs 

that— 

‘‘(1) upgrade the status and stature of foreign language teaching by encouraging institutions of higher education to assume greater responsibility for improving foreign language teacher education through the establishment of a comprehensive, integrated system of recruiting and advising such teachers; 

‘‘(2) focus on education of foreign language teachers as a career-long process 

that should continuously stimulate teachers’ intellectual growth and upgrade 

teachers’ knowledge and skills; 

‘‘(3) bring foreign language teachers in elementary schools and secondary 

schools together with linguists or higher education foreign language professionals to increase the subject matter knowledge and improve the teaching 

skills of teachers through the use of more sophisticated resources that institutions of higher education are better able to provide than such schools; and 

‘‘(4) develop more rigorous foreign language curricula that contain— 

‘‘(A) professionally accepted standards for elementary and secondary education instruction; 

‘‘(B) standards expected for postsecondary study in foreign language; and 

‘‘(C) articulated foreign language programs from kindergarten through 

grade 12 that demonstrate increased competence and proficiency over time 

and grade. 

‘‘(c) GRANTS TO PARTNERSHIPS.— 

‘‘(1) IN GENERAL.—The Secretary may award grants, on a competitive basis, 

to eligible partnerships to enable the eligible partnerships to pay the Federal 


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share of the costs of carrying out the authorized activities described in this section. 

‘‘(2) DURATION.—The Secretary shall award grants under this section for a period of 5 years. 

‘‘(3) FEDERAL SHARE.—The Federal share of the costs of the activities assisted 

under this section shall be— 

‘‘(A) 75 percent of the costs for the first year that an eligible partnership 

receives a grant payment under this section; 

‘‘(B) 65 percent of such costs for the second such year; and 

‘‘(C) 50 percent of such costs for each of the third, fourth, and fifth such 

years. 

‘‘(4) NON-FEDERAL SHARE.—The non-Federal share of the costs of carrying out 

the authorized activities described in this section may be provided in cash or 

in kind, fairly evaluated. 

‘‘(5) PRIORITY.—In awarding grants under this section, the Secretary shall 

give priority to eligible partnerships— 

‘‘(A) that include high-need local educational agencies; or 

‘‘(B) that emphasize the teaching of commonly taught and critical foreign 

languages in an articulated program that demonstrates increased competency and proficiency over grade and time. 

‘‘(d) APPLICATIONS.— 

‘‘(1) IN GENERAL.—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. 

‘‘(2) CONTENTS.—An application under paragraph (1) shall include— 

‘‘(A) an assessment of the teacher quality and professional development 

needs of all the schools and agencies participating in the eligible partnership with respect to the teaching and learning of foreign languages; 

‘‘(B) a description of how the activities to be carried out by the eligible 

partnership will be based on a review of relevant research, and an explanation of why the activities are expected to improve student performance 

and to strengthen the quality of foreign language instruction; and 

‘‘(C) a description of— 

‘‘(i) how the eligible partnership will carry out the authorized activities described in subsection (e); and 

‘‘(ii) the eligible partnership’s evaluation and accountability plan as 

described in subsection (f). 

‘‘(e) AUTHORIZED ACTIVITIES.—An eligible partnership shall use the grant funds 

provided under this section for 1 or more of the following activities related to elementary schools or secondary schools: 

‘‘(1) Creating opportunities for enhanced and ongoing professional development that improves the subject matter knowledge of foreign language teachers. 

‘‘(2) Recruiting university students with foreign language majors for teaching. 

‘‘(3) Promoting strong teaching skills for foreign language teachers and teacher educators. 

‘‘(4) Establishing foreign language summer workshops or institutes (including 

follow-up) for teachers. 

‘‘(5) Establishing distance learning programs for foreign language teachers. 

‘‘(6) Designing programs to prepare a teacher at a school to provide professional development to other teachers at the school and to assist novice teachers 

at such school, including (if applicable) a mechanism to integrate experiences 

from a summer workshop or institute. 

‘‘(7) Developing instruction materials. 

‘‘(f) EVALUATION AND ACCOUNTABILITY PLAN.—Each eligible partnership receiving 

a grant under this section shall develop an evaluation and accountability plan for 

activities assisted under this section that includes strong performance objectives. 

The plan shall include objectives and measures for— 

‘‘(1) increased participation by students in advanced courses in foreign language; 

‘‘(2) increased percentages of secondary school classes in foreign language 

taught by teachers with academic majors in foreign language; and 

‘‘(3) increased numbers of foreign language teachers who participate in content-based professional development activities. 

‘‘(g) REPORT.—Each eligible partnership receiving a grant under this section shall 

annually report to the Secretary regarding the eligible partnership’s progress in 

meeting the performance objectives described in subsection (f). 

‘‘(h) TERMINATION.—If the Secretary determines that an eligible partnership is not 

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section (f) by the end of the third year of a grant under this section, the grant payments shall not be made for the fourth and fifth years of the grant. 

‘‘(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 

for each of the 4 succeeding fiscal years.’’. 

SEC. 605. EVALUATION, OUTREACH, AND DISSEMINATION. 

Part E of title VI, as redesignated by section 604 of this Act, is amended by inserting after section 641 (20 U.S.C. 1132 (as so redesignated)) the following new section: 

‘‘SEC. 642. EVALUATION, OUTREACH, AND DISSEMINATION. 

‘‘The Secretary may use not more than one percent of the funds made available 

for this title for program evaluation, national outreach, and information dissemination activities.’’. 

SEC. 606. STUDENT SAFETY. 

Part E of title VI, as redesignated by section 604 of this Act, is further amended 

by inserting after section 642 (as added by section 605 of this Act) the following new 

section: 

‘‘SEC. 643. STUDENT SAFETY. 

‘‘Applicants seeking funds under this title to support student travel and study 

abroad shall submit as part of their grant application a description of safety policies 

and procedures for students participating in the program while abroad.’’. 

SEC. 607. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION GRANT 

PROGRAM. 

Part E of title VI, as redesignated by section 604 of this Act, is further amended 

by inserting after section 643 (as added by section 606 of this Act) the following new 

section: 

‘‘SEC. 644. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION GRANT 

PROGRAM. 

‘‘(a) PURPOSE.—It is the purpose of this section to support programs in colleges 

and universities that— 

‘‘(1) encourage students to develop— 

‘‘(A) an understanding of science and technology; and 

‘‘(B) foreign language proficiency; and 

‘‘(2) foster future international scientific collaboration. 

‘‘(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. 

‘‘(c) REGULATIONS AND REQUIREMENTS.—The Secretary shall promulgate regulations for the awarding of grants under subsection (b). Such regulations shall 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; and 

‘‘(3) other programs, such as summer workshops, that emphasize the intense 

study of a foreign language and science technology. 

‘‘(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) SCIENCE.—In this section, the term ‘science’ means any of the natural and 

physical sciences including chemistry, biology, physics, and computer science. Such 

term does not include any of the social sciences. 

‘‘(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. 608. REPORTING BY INSTITUTIONS. 

Part E of title VI (20 U.S.C. 1122), as redesignated by section 604 of this Act, 

is further amended by inserting after section 644 (as added by section 607 of this 

Act) the following new section: 


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‘‘SEC. 645. 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 cash, or the fair market value, or both, of the contributions 

received from a foreign government or private sector corporation, foundation, or 

any other entity or individual (excluding domestic government entities) during 

any fiscal year exceeds $1,000,000 in the aggregate; and 

‘‘(2) the aggregate contribution is intended for use directly or indirectly by a 

center or program receiving funds under this title. 

‘‘(b) DATA REQUIRED.—The Secretary shall require of each institution to which 

this paragraph applies under subsection (a), as part of the Integrated Postsecondary 

Education Data System (IPEDS) annual data collection, that such institution report 

the following data: 

‘‘(1) The names and addresses of any foreign government or private sector corporation, foundation, or any other entity or individual that contributed such 

amount of cash or such fair market value of other property as described in subsection (a)(1). 

‘‘(2) The amount of such cash or the fair market value of such property. 

‘‘(c) EXEMPTION FROM REPORTING.—The Secretary may, at the request of the 

donor, exempt domestic donors who make anonymous donations from the institutional reporting requirement of subsection (b)(1) to preserve the anonymity of their 

contribution. The data of institutions shall identify such donors as ‘anonymous’. This 

exemption does not apply to non-domestic donations. 

‘‘(d) DEADLINE.—Any report under subsection (b) shall be made no later than such 

date as the Secretary shall require. 

‘‘(e) CONSEQUENCES OF FAILURE TO REPORT.—In the case of any institution from 

which a report is requested under subsection (b), if the Secretary does not receive 

a report in accordance with the deadline established under subsection (d), the Secretary shall— 

‘‘(1) make a determination that the institution of higher education has failed 

to make the report required by this paragraph; 

‘‘(2) transmit a notice of the determination to Congress; and 

‘‘(3) publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the institution of higher education 

for contracts and grants under this title.’’. 

SEC. 609. FEDERAL FOREIGN LANGUAGE EDUCATION MARKETING CAMPAIGN. 

The Secretary of Education shall establish a foreign language education marketing campaign to encourage students at secondary schools and institutions of 

higher education to study foreign languages, particularly languages that are less 

commonly taught and critical to the national security of the United States. 

TITLE VII—TITLE VII AMENDMENTS 

SEC. 701. JAVITS FELLOWSHIP PROGRAM. 

(a) AUTHORITY AND TIMING OF AWARDS.—Section 701(a) (20 U.S.C. 1132a(a)) is 

amended by inserting after the second sentence the following: ‘‘For purposes of the 

exception in the preceding sentence, a master’s degree in fine arts shall be considered a terminal degree.’’. 

(b) 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 not more than 12 months (in any other case), but without payment of 

the stipend.’’. 

(c) ALLOCATION OF FELLOWSHIPS.—Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is 

amended— 

(1) in the first sentence, by inserting ‘‘from diverse geographic regions’’ after 

‘‘higher education’’; and 

(2) by adding at the end the following new sentence: ‘‘The Secretary shall also 

assure that at least one representative appointed to the Board represents an 

institution that is eligible for a grant under title III or V of this Act.’’. 

(d) STIPENDS.—Section 703 (20 U.S.C. 1134b) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘1999–2000’’ and inserting ‘‘2009–2010’’; and 


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(B) by striking ‘‘Foundation graduate fellowships’’ and inserting ‘‘Foundation Graduate Research Fellowship Program on February 1 of such academic year’’; and 

(2) in subsection (b), by amending paragraph (1)(A) to read as follows: 

‘‘(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 

All Urban Consumers for the previous calendar year.’’. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 705 (20 U.S.C. 1134d) is amended by striking ‘‘1999’’ and inserting ‘‘2009’’. 

SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED. 

(a) DESIGNATION OF AREAS OF NATIONAL NEED; PRIORITY.—Section 712 (20 U.S.C. 

1135a) is amended— 

(1) by amending subsection (b) to read as follows: 

‘‘(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; 

‘‘(4) an assessment of current and future professional workforce needs of the 

United States; and 

‘‘(5) the priority described in subsection (c).’’; and 

(2) by adding at the end the following new subsection: 

‘‘(c) PRIORITY.—The Secretary shall establish a priority for grants in order to prepare individuals for the professorate who will train highly qualified elementary and 

secondary mathematics and science teachers, special education teachers, and teachers who provide instruction for limited English proficient individuals. Such grants 

shall offer program assistance and graduate fellowships for— 

‘‘(1) post baccalaureate study related to teacher preparation and pedagogy in 

mathematics and science for students who have completed a master’s degree or 

are pursuing a doctorate of philosophy in mathematics or science; 

‘‘(2) post baccalaureate study related to teacher preparation and pedagogy in 

special education and English language acquisition and academic proficiency for 

limited English proficient individuals; and 

‘‘(3) support of dissertation research in the fields of mathematics, science, special education, or second language pedagogy and second language acquisition.’’. 

(b) COLLABORATION REQUIRED FOR CERTAIN APPLICATIONS.—Section 713(b) (20 

U.S.C. 1135b) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (9); 

(2) by redesignating paragraph (10) as paragraph (11); and 

(3) by inserting after paragraph (9) the following new paragraph: 

‘‘(10) in the case of an application from a department, program, or unit in 

education or teacher preparation, provide assurances that such department, 

program, or unit will collaborate with departments, programs, or units in all 

content areas to ensure a successful combination of training in both teaching 

and such content; and’’. 

(c) STIPENDS.—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 on February 1 of such academic year’’. 

(d) ADDITIONAL ASSISTANCE.—Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended— 

(1) by striking ‘‘1999–2000’’ and inserting ‘‘2009–2010’’; 

(2) by striking ‘‘1998–1999’’ and inserting ‘‘2008–2009’’; and 

(3) by inserting ‘‘for All Urban Consumers’’ after ‘‘Price Index’’. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 716 (20 U.S.C. 1135e) is amended by striking ‘‘1999’’ and inserting ‘‘2009’’. 


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(f) TECHNICAL AMENDMENTS.—Section 714(c) (20 U.S.C. 1135c(c)) is amended— 

(1) by striking ‘‘section 716(a)’’ and inserting ‘‘section 715(a)’’; and 

(2) by striking ‘‘section 714(b)(2)’’ and inserting ‘‘section 713(b)(2)’’. 

SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. 

(a) PROGRAM AUTHORITY.—Section 721(a) (20 U.S.C. 1136(a)) is amended— 

(1) by inserting ‘‘middle and high school’’ after ‘‘disadvantaged’’; and 

(2) by striking the period at the end of the sentence and inserting ‘‘and admission to law practice.’’. 

(b) ELIGIBILITY.—Section 721(b) (20 U.S.C. 1136(b)) is amended by inserting ‘‘middle and high school or’’ before ‘‘college student’’. 

(c) CONTRACT AND GRANT PURPOSES.—Section 721(c) (20 U.S.C. 1136(c)) is amended— 

(1) by inserting ‘‘middle and high school students’’ after ‘‘identify’’ in paragraph (1); 

(2) by amending paragraph (2) to read as follows: 

‘‘(2) to prepare such students for study at accredited law schools and assist 

them with the development of analytical skills and study methods to enhance 

their success and promote completion of law school;’’; 

(3) by striking ‘‘and’’ at the end of paragraph (4); 

(4) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’; 

and 

(5) by adding at the end the following new paragraph: 

‘‘(6) to award Thurgood Marshall Fellowships to eligible law school students— 

‘‘(A) who participated in summer institutes authorized by subsection (d) 

and who are enrolled in an accredited law school; or 

‘‘(B) who are eligible law school students who have successfully completed 

a comparable summer institute program certified by the Council on Legal 

Educational Opportunity.’’. 

(d) SERVICES PROVIDED.—Section 721(d)(1)(D) (20 U.S.C. 1136(d)(1)(D)) is amended by inserting ‘‘in analytical skills and study methods’’ after ‘‘courses’’. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 721(h) (20 U.S.C. 1136(h)) is 

amended by striking ‘‘1999’’ and inserting ‘‘2009’’. 

(f) GENERAL PROVISIONS.—Subsection (e) of section 731 (20 U.S.C. 1137(e)) is repealed. 

SEC. 704. PATSY T. MINK FELLOWSHIP PROGRAM. 

Part A of title VII (20 U.S.C. 1134) 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’’; 

(3) in subsections (a) and (b) of section 731, by striking ‘‘subparts 1, 2, and 

3’’ each place it appears and inserting ‘‘subparts 1 through 4’’; and 

(4) in subsection (d) of such section, by striking ‘‘subpart 1, 2, or 3’’ and inserting ‘‘subpart 1, 2, 3, or 4’’; and 

(5) by inserting after subpart 3 the following new subpart: 

‘‘Subpart 4—Patsy T. Mink Fellowship Program 

‘‘SEC. 722. PATSY T. MINK FELLOWSHIPS. 

‘‘(a) PURPOSE; DESIGNATION.— 

‘‘(1) PURPOSE.—It is the purpose of this subpart to provide a program of fellowship awards to assist highly qualified minorities and women to acquire the 

terminal master’s degree or the doctorate degree in academic areas in which 

such individuals are underrepresented for the purpose of entering the higher 

education professoriate. 

‘‘(2) ELIGIBLE INSTITUTIONS.—For purposes of this subpart, the term ‘eligible 

institution’ means an institution of higher education, or a consortium of such 

institutions, that offers a program of post baccalaureate study leading to a graduate degree. 

‘‘(3) DESIGNATION.—Each recipient of a fellowship award from an institution 

receiving a grant under this subpart shall be known as a Patsy T. Mink Graduate Fellow. 

‘‘(b) PROGRAM AUTHORIZED.— 

‘‘(1) GRANTS BY SECRETARY.— 

‘‘(A) IN GENERAL.—From funds made available under subsection (e), the 

Secretary shall make grants to eligible institutions of higher education to 

enable such institutions to make fellowship awards to qualified students in 

accordance with the provisions of this subpart. 


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‘‘(B) PRIORITY CONSIDERATION.—In making grant awards under this subpart, the Secretary shall consider the applicant institution’s prior experience in producing doctorates and terminal master’s degree holders who are 

minorities and females, and shall give priority consideration in making 

grants under this subpart to those institutions with a demonstrated record 

of producing minorities and women who have earned such degrees. 

‘‘(2) DISTRIBUTION AND AMOUNTS OF GRANTS.— ‘‘(A) EQUITABLE DISTRIBUTION.—In making such grants the Secretary 

shall, to the maximum extent feasible, ensure an equitable geographic distribution of awards and an equitable distribution among eligible public and 

private institutions of higher education that apply for grants under this 

subpart and that demonstrate the ability to achieve the purpose of this subpart. 

‘‘(B) SPECIAL RULE.—To the maximum extent practical, the Secretary 

shall award at least 50 percent of the amount appropriated under this subpart to institutions of higher education eligible for assistance under titles 

III and V, or to consortia composed of otherwise eligible institutions of higher education and such minority-serving institutions. 

‘‘(C) ALLOCATION.—In making such grants the Secretary shall, consistent 

with subparagraphs (A) and (B), allocate appropriated funds to those institutions whose applications indicate the 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 subpart. No grant made under this subpart shall support fewer 

than fifteen degree candidates consistent with subsection (d)(2). 

‘‘(D) REALLOTMENT.—Whenever the Secretary determines that an institution of higher education is unable to utilize all of the amounts made available to it under this subpart, the Secretary shall, on such dates during the 

fiscal year as the Secretary may determine, reallocate such unused amounts 

to institutions which demonstrate that they can use any reallocated grant 

funds to make fellowship awards to qualified individuals under this subpart. 

‘‘(c) APPLICATIONS.— 

‘‘(1) APPLICATIONS REQUIRED.—Any eligible institution of higher education offering a program of post baccalaureate study leading to a graduate degree that 

meets the purpose of this subpart may apply for a grant. Each such institution, 

or consortium of eligible institutions (including those institutions specified in 

subsection (b)(2)(B)) may make an application to the Secretary at such time, in 

such manner, and containing or accompanied by such information as the Secretary may reasonably require. 

‘‘(2) SELECTION OF APPLICATIONS.—In selecting applications for the making 

grants to institutions of higher education, the Secretary shall— 

‘‘(A) take into account the number and distribution of minority and female faculty nationally, as well as the current and projected need for highly 

trained individuals— 

‘‘(i) in all areas of the higher education professoriate; and 

‘‘(ii) in academic career fields in which minorities and women are 

underrepresented in the higher education professoriate; and 

‘‘(B) consider the need to prepare a larger 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 faculties. 

‘‘(d) FELLOWSHIP TERMS AND CONDITIONS.— 

‘‘(1) SELECTION OF FELLOWS.— 

‘‘(A) ELIGIBLE APPLICANTS.—The Secretary shall assure that, in awarding 

fellowships from funds made available under this subpart, grantee institutions make fellowship awards to individuals who plan to pursue a career 

in instruction at any institution of higher education that is eligible to participate in title IV programs. 

‘‘(B) ACADEMIC PROGRESS.—Notwithstanding subparagraph (A), no otherwise eligible student selected for support shall receive a fellowship award— 

‘‘(i) during periods in which such student is enrolled, unless such student is maintaining satisfactory academic progress in, and devoting 

full-time to, study or research in the pursuit of the degree for which 

the fellowship support was awarded; or 

‘‘(ii) if the student is engaged in gainful employment, other than parttime employment related to teaching, research, or a similar activity determined by the institution to be consistent with and supportive of the 

student’s progress toward the appropriate degree. 


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‘‘(2) SERVICE REQUIREMENT.— 

‘‘(A) TEACHING REQUIRED.—Each Patsy T. Mink Graduate Fellow who 

earns the doctoral or terminal master’s degree with assistance provided 

under this subpart shall teach at an eligible institution for one year for 

each year of fellowship assistance received under this subpart. 

‘‘(B) INSTITUTIONAL OBLIGATION.—Each institution which receives an 

award from the Secretary under this subpart shall provide an assurance 

that it has inquired of and determined the fellowship recipient’s decision to, 

within 3 years of receiving the doctorate or terminal master’s degree, begin 

employment at an eligible institution of higher education as required by 

this subpart. 

‘‘(C) AGREEMENT REQUIRED.—Prior to receiving the initial fellowship 

award, and upon the annual renewal of the fellowship award, a fellow shall 

sign an agreement with the Secretary memorializing this commitment to 

enter the professoriate. 

‘‘(D) CONSEQUENCES OF FAILURE.—If a fellowship recipient fails to honor 

the service requirement of this subsection, the Secretary shall— 

‘‘(i) require the individual to repay all or the applicable portion of the 

total fellowship amount awarded to the individual by converting the 

balance due to a loan at the interest rate applicable to loans made 

under part B of title IV; or 

‘‘(ii) require the individual to pay an amount determined by the Secretary to be appropriate, except as provided in subparagraph (E). 

‘‘(E) MODIFIED SERVICE REQUIREMENT.—The Secretary may waive or modify the service requirement of this paragraph based on regulations, promulgated pursuant to and consistent with criteria which determine the circumstances under which compliance with the service obligation by the fellowship recipient would be inequitable and represent a substantial hardship. The Secretary may waive the service requirement if— 

‘‘(i) compliance by the fellowship recipient would be deemed impossible because the individual is permanently and totally disabled at the 

time of the waiver request; or 

‘‘(ii) compliance by the fellowship recipient is based on documentation 

presented to the Secretary of substantial economic or personal hardship, as determined in accordance with regulations prescribed by the 

Secretary. 

‘‘(3) AMOUNT OF FELLOWSHIP AWARDS.— 

‘‘(A) IN GENERAL.—From the grants made pursuant to this subpart, eligible institutions shall award stipends to individuals who are awarded fellowships under this subpart. Such stipends shall reflect the purpose of the program authorized by this subpart to encourage highly qualified minorities 

and women to pursue graduate study for the purpose of entering the higher 

education professoriate. 

‘‘(B) AWARDS BASED ON NEED.—Stipends 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 fellow’s demonstrated need as determined by the institution of higher education where the graduate student is enrolled. 

‘‘(4) INSTITUTIONAL PAYMENTS.— 

‘‘(A) IN GENERAL.—The Secretary shall, in addition to the amounts made 

available to institutions for stipends to individuals under this subpart, pay 

to grantee institutions of higher education, for each individual awarded a 

fellowship under this subpart at such institution, an institutional allowance. Except as provided for in subparagraph (C), such allowance shall be, 

for academic year 2009–2010 and succeeding academic years, the same as 

the institutional payment made for that year under the Graduate Assistance in Areas of National Need program in subpart 2 of part A, and shall 

be adjusted annually thereafter in accordance with inflation as determined 

by the Department of Labor’s Consumer Price Index for All Urban Consumers for the previous calendar year. 

‘‘(B) USE OF FUNDS.—Institutional payments may be expended at the discretion of the institution, except that such funds shall be used to provide 

academic support and career transition services for participating fellows. 

‘‘(C) REDUCTION.—The institutional allowance paid under subparagraph 

(A) shall be reduced by the amount the institution charges and collects from 

a fellowship recipient for tuition and other expenses as part of the institution’s instructional program. 


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‘‘(D) USE FOR OVERHEAD PROHIBITED.—Funds made available pursuant to 

this subpart may not be used for general operational overhead of the academic department or institution receiving such funds. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to appropriated to 

carry out this subpart such sums as may be necessary for fiscal year 2009 and for 

each of the 4 succeeding fiscal years.’’. 

SEC. 705. 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 amending paragraph (1) to read as follows: 

‘‘(1) the encouragement of the reform and improvement of, and innovation in, 

postsecondary education and the provision of educational opportunity for all, especially for the non-traditional student populations;’’; 

(2) in paragraph (2), by inserting before the semicolon at the end the following: ‘‘for postsecondary students, especially institutions, programs, and joint 

efforts that provide academic credit for programs’’; 

(3) by amending paragraph (3) to read as follows: 

‘‘(3) the establishment of institutions and programs based on the technology 

of communications, including delivery by distance education;’’; 

(4) by amending paragraph (6) to read as follows: 

‘‘(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;’’; 

(5) by striking ‘‘and’’ at the end of paragraph (7); 

(6) by striking the period at the end of paragraph (8) and inserting a semicolon; and 

(7) by adding at the end the following new paragraphs: 

‘‘(9) the assessment, in partnership with a public or private nonprofit institution or agency, of the performance of teacher preparation programs within institutions of higher education in a State, using an assessment which provides comparisons across such institutions within the State based upon indicators including teacher candidate knowledge in subject areas in which such candidate has 

been prepared to teach; 

‘‘(10) the support of efforts to establish pilot programs and initiatives to help 

college campuses reduce illegal downloading of copyrighted content, in order to 

improve the security and integrity of campus computer networks and save 

bandwidth costs; 

‘‘(11) the support of increased fire safety in student housing— 

‘‘(A) by establishing a demonstration incentive program for qualified student housing in institutions of higher education; 

‘‘(B) by making grants for the purpose of installing fire alarm detection, 

prevention, and protection technologies in student housing, dormitories, and 

other buildings controlled by such entities; and 

‘‘(C) by requiring, as a condition of such grants— 

‘‘(i) that such technologies be installed professionally to technical 

standards of the National Fire Protection Association; and 

‘‘(ii) that the recipient shall provide non-Federal matching funds in 

an amount equal to the amount of the grant; 

‘‘(12) the assessment, in partnership with a consortium of higher education 

organizations, of the feasibility and potential design of an inter-institution monitoring organization on gender and racial equality in campus faculty and administration; 

‘‘(13) the provision of support and assistance to partnerships between institutions of higher education and secondary schools with at least 10 percent of their 

enrollment assessed as late-entering limited English proficient students to establish programs that result in increased secondary school graduation rates of 

limited English proficient students and that increase the number of eligible 

late-entering limited English proficient students who pursue postsecondary education opportunities; 

‘‘(14) 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 until the age of 18, 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; 

‘‘(15) the support of efforts to work with organizations that are exempt from 

taxation under section 501(c)(3) of the Internal Revenue Code of 1986 and institutions of higher education that seek to promote cultural diversity in the enterVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00132 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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tainment media industry including through the training of students in production, marketing, and distribution of culturally relevant content; and 

‘‘(16) the creation of consortia that join diverse institutions of higher education to design and offer curricular and co-curricular interdisciplinary programs at the undergraduate and graduate levels, sustained for not less than a 

5 year period, that— 

‘‘(A) focus on poverty and human capability; and 

‘‘(B) include— 

‘‘(i) a service-learning component; and 

‘‘(ii) the delivery of educational services through informational resource centers, summer institutes, mid-year seminars, and other educational activities that stress the effects of poverty and how poverty can 

be alleviated through different career paths.’’. 

(b) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VETERANS OR MEMBERS OF

THE MILITARY; CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT STU- DENTS.—Section 741 (20 U.S.C. 1138) is further amended by adding at the end the 

following new subsections: 

‘‘(c) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VETERANS OR MEMBERS OF

THE MILITARY.— ‘‘(1) AUTHORIZATION.—The Secretary shall contract with a nonprofit organization with demonstrated experience in carrying out the activities described in 

this subsection to carry out a program to provide postsecondary education scholarships for eligible students. 

‘‘(2) ELIGIBLE STUDENTS.—In this subsection, the term ‘eligible student’ means 

an individual who is— 

‘‘(A)(i) a dependent student who is a child of— 

‘‘(I) an individual who is— 

‘‘(aa) serving on active duty during a war or other military operation or national emergency (as defined in section 481); or 

‘‘(bb) performing qualifying National Guard duty during a war or 

other military operation or national emergency (as defined in section 481); or 

‘‘(II) a veteran who died while serving or performing, as described in 

subclause (I), since September 11, 2001, or has been disabled while 

serving or performing, as described in subclause (I), as a result of such 

event; or 

‘‘(ii) an independent student who— 

‘‘(I) is a spouse of an individual who is— 

‘‘(aa) serving on active duty during a war or other military operation or national emergency (as defined in section 481); or 

‘‘(bb) performing qualifying National Guard duty during a war or 

other military operation or national emergency (as defined in section 481); or 

‘‘(II) was (at the time of the death of the veteran) a spouse of a veteran who died while serving or performing, as described in subclause 

(I), since September 11, 2001, or has been disabled while serving or 

performing, as described in subclause (I), as a result of such event; and 

‘‘(B) enrolled as a full-time or part-time student at an institution of higher education (as defined in section 102). 

‘‘(3) AWARDING OF SCHOLARSHIPS.—Scholarships awarded under this subsection shall be awarded based on need with priority given to eligible students 

who are eligible to receive Federal Pell Grants under subpart 1 of part A of title 

IV. 

‘‘(4) MAXIMUM SCHOLARSHIP AMOUNT.—The maximum scholarship amount 

awarded to an eligible student under this subsection for an academic year shall 

be the lesser of— 

‘‘(A) the difference between the eligible student’s cost of attendance (as 

defined in section 472) and any non-loan based aid such student receives; 

or 

‘‘(B) $5,000. 

‘‘(5) AMOUNTS FOR SCHOLARSHIPS.—All of the amounts appropriated to carry 

out this subsection for a fiscal year shall be used for scholarships awarded 

under this subsection, except that a nonprofit organization receiving a contract 

under this subsection may use not more than 1 percent of such amounts for the 

administrative costs of the contract. 

‘‘(d) CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT STUDENTS.— 

‘‘(1) PROGRAM AUTHORIZED.—The Secretary is authorized to award 1 grant or 

contract to an institution of higher education to enable such institution to establish and maintain a center to study and develop best practices for institutions 


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of higher education to support single parents who are also students attending 

such institutions. 

‘‘(2) INSTITUTION REQUIREMENTS.—The Secretary shall award the grant or 

contract under this subsection to a 4-year institution of higher education that 

has demonstrated expertise in the development of programs to assist single parents who are students at institutions of higher education, as shown by the institution’s development of a variety of targeted services to such students, including 

on-campus housing, child care, counseling, advising, internship opportunities, financial aid, and financial aid counseling and assistance. 

‘‘(3) CENTER ACTIVITIES.—The center funded under this section shall— 

‘‘(A) assist institutions implementing innovative programs that support 

single parents pursuing higher education; 

‘‘(B) study and develop an evaluation protocol for such programs that includes quantitative and qualitative methodologies; 

‘‘(C) provide appropriate technical assistance regarding the replication, 

evaluation, and continuous improvement of such programs; and 

‘‘(D) develop and disseminate best practices for such programs.’’. 

(c) PROHIBITION.—Section 741 is further amended by adding after subsection (d) 

(as added by subsection (b) of this section) the following new subsection: 

‘‘(e) PROHIBITION.—No funds made available under this part may be used to provide financial assistance to students who do not meet the requirements of section 

484(a)(5).’’. 

(d) TECHNICAL AMENDMENTS.—Part B of title VII (20 U.S.C. 1038 et seq.) is further amended— 

(1) in section 742 (20 U.S.C. 1138a)— 

(A) in subsection (b)— 

(i) by striking ‘‘(1) IN GENERAL.—’’; and 

(ii) by striking paragraph (2); 

(B) in subsection (c), by striking ‘‘and the Director’’ each place it 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 it 

appears and inserting ‘‘Secretary’’. 

(e) AREAS OF NATIONAL NEED.—Section 744(c) (20 U.S.C. 1138c(c)) is amended by 

adding at the end the following: 

‘‘(5) Establishment of academic programs including graduate and undergraduate courses, seminars and lectures, support of research, and development 

of teaching materials for the purpose of supporting faculty and academic programs that teach traditional American history (including significant constitutional, political, intellectual, economic, diplomatic, and foreign policy trends, 

issues, and documents; the history, nature, and development of democratic institutions of which American democracy is a part; and significant events and 

individuals in the history of the United States).’’. 

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 745 (20 U.S.C. 1138d) is amended by striking ‘‘$30,000,000 for fiscal year 1999’’ and inserting ‘‘$40,000,000 for fiscal 

year 2009’’. 

SEC. 706. URBAN-SERVING RESEARCH UNIVERSITIES. 

Part C of title VII (20 U.S.C. 1139 et seq.) is amended to read as follows: 

‘‘PART C—URBAN-SERVING RESEARCH UNIVERSITIES 

‘‘SEC. 751. PURPOSE; PROGRAM AUTHORIZED. 

‘‘(a) PURPOSE.—It is the purpose of this part to provide incentives to urban-serving 

research universities to enable such universities to expand research knowledge and 

to develop and implement initiatives in partnership with community-based organizations and other public or nonprofit private entities to strengthen city economies, 

foster innovation and opportunity, and solve urban challenges. 

‘‘(b) PROGRAM AUTHORIZED.—The Secretary is authorized to award grants to 

urban-serving research universities to enable such universities to carry out the activities described in section 753 in accordance with the provisions of this part. 

‘‘SEC. 752. APPLICATION FOR URBAN-SERVING RESEARCH UNIVERSITY GRANTS. 

‘‘(a) APPLICATION.—An urban-serving research university seeking assistance under 

this part shall submit to the Secretary an application at such time, in such manner, 

and containing such information as the Secretary may reasonably require. 


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‘‘(b) PRIORITY IN SELECTION OF APPLICATIONS.—The Secretary shall give priority 

to applications that propose to conduct joint projects supported by Federal, State, 

and local programs other than the program under this Act. In addition, the Secretary shall give priority to urban-serving research universities with a demonstrated 

record of effective engagement in serving the communities in which such universities are located. 

‘‘SEC. 753. ALLOWABLE ACTIVITIES. 

‘‘An urban-serving research university shall use funds awarded under this part 

to further develop and apply research findings to the development, implementation, 

and ongoing evaluation of— 

‘‘(1) systemic initiatives with elementary and secondary schools and other 

educational organizations designed to— 

‘‘(A) improve teacher quality and retention; or 

‘‘(B) develop strategies to improve postsecondary and workplace readiness, particularly in fields related to science, technology, engineering, and 

mathematics; 

‘‘(2) innovative economic revitalization efforts in conjunction with communitybased organizations and other public or nonprofit private entities; or 

‘‘(3) public health outreach, education, and intervention activities designed to 

reduce health disparities in urban areas, in partnership with community-based 

organizations and other public or nonprofit private entities. 

‘‘SEC. 754. DEFINITIONS. 

‘‘As used in this part: 

‘‘(1) URBAN AREA.—The term ‘urban area’ means a city with a population of 

not less than 200,000 within a metropolitan statistical area. 

‘‘(2) URBAN-SERVING RESEARCH UNIVERSITY.—The term ‘urban-serving research university’ means a public institution of higher education that— 

‘‘(A) meets the requirements of section 101; 

‘‘(B) is located in an urban area; 

‘‘(C) has the capacity to conduct applicable research, as demonstrated by 

awarding more than 10 doctoral degrees per academic year; 

‘‘(D) draws a substantial portion of its students from the urban area in 

which such institution is located; and 

‘‘(E) has demonstrated and sustained a sense of responsibility to such 

urban area and the people of such area. 

‘‘SEC. 755. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part $50,000,000 for 

fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding 

fiscal years.’’. 

SEC. 707. PROGRAMS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER 

EDUCATION. 

(a) SERVING ALL STUDENTS WITH DISABILITIES.—Section 762(a) (20 U.S.C. 

1140a(a)) is amended by striking ‘‘students with learning disabilities’’ and inserting 

‘‘students with disabilities’’. 

(b) AUTHORIZED ACTIVITIES.— 

(1) AMENDMENT.—Section 762(b)(2) is amended— 

(A) in subparagraph (A)— 

(i) by inserting ‘‘, including methods and strategies consistent with 

the principles of universal design for learning’’ after ‘‘strategies’’; and 

(ii) by inserting ‘‘in order to improve retention and completion’’ after 

‘‘disabilities’’; 

(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and 

(F), respectively; 

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

‘‘(B) EFFECTIVE TRANSITION PRACTICES.—The development of innovative, 

effective, and efficient teaching methods and strategies to ensure the 

smooth transition of students with disabilities from high school to postsecondary education.’’; and 

(D) by inserting after subparagraph (C) (as redesignated by subparagraph 

(B) of this paragraph) the following new subparagraphs: 

‘‘(D) DISTANCE LEARNING.—The development of innovative, effective, and 

efficient teaching methods and strategies to provide faculty and administrators with the ability to provide accessible distance education programs or 

classes that would enhance access of students with disabilities to higher 

education, including the use of accessible electronic communication for instruction and advisement. 


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‘‘(E) ACCESSIBILITY OF EDUCATION.—Making postsecondary education 

more accessible to students with disabilities through the use of accessible 

instructional materials and curriculum development, consistent with the 

principles of universal design for learning.’’. 

(2) REPORT.—Section 762 is further amended by adding at the end the following new subsection: 

‘‘(d) REPORT.—Not later than 3 years after the date of enactment of the College 

Opportunity and Affordability Act of 2007, the Secretary shall prepare and disseminate a report reviewing the activities of the demonstration projects authorized under 

this subpart and providing guidance and recommendations on how successful 

projects can be replicated.’’. 

(3) CONFORMING AMENDMENT.—Section 762(b)(3) is amended by striking ‘‘subparagraphs (A) through (C)’’ and inserting ‘‘subparagraphs (A) through (F)’’. 

(c) APPLICATIONS.—Section 763 (20 U.S.C. 1140b) is amended— 

(1) by amending paragraph (1) to read as follows: 

‘‘(1) a description of how such institution plans to address the activities allowed under this subpart;’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘institution to develop’’ and inserting ‘‘institution, including students with disabilities, to develop’’; and 

(B) by striking ‘‘and’’ at the end; 

(3) by striking the period at the end of paragraph (3) and inserting ‘‘; and’’; 

and 

(4) by adding at the end the following new paragraph: 

‘‘(4) a description of the extent to which an institution will work to replicate 

the best practices of institutions of higher education with demonstrated success 

in serving students with disabilities.’’. 

(d) AUTHORIZATION OF APPROPRIATIONS FOR DEMONSTRATION PROJECTS TO EN- SURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION.—Section 765 (20 U.S.C. 1140d) is amended by striking ‘‘1999’’ and inserting ‘‘2009’’. 

(e) NATIONAL TECHNICAL ASSISTANCE CENTER; COMMISSION ON ACCESSIBLE MATE- RIALS; PROGRAMS TO SUPPORT IMPROVED ACCESS TO MATERIALS; TRANSITION PRO- GRAMS FOR STUDENTS WITH INTELLECTUAL DISABILITIES; COORDINATING CENTER.— Part D of title VII (20 U.S.C. 1140 et seq.) is further amended— 

(1) in the part heading, by striking ‘‘DEMONSTRATION PROJECTS’’ and 

inserting ‘‘PROGRAMS’’; 

(2) by inserting after the part heading the following: 

‘‘Subpart 1—Quality Higher Education’’ 

; and 

(3) by adding at the end the following: 

‘‘Subpart 2—National Technical Assistance Center; Commission on Accessible Materials; Programs To Support Improved Access to Materials 

‘‘SEC. 766. NATIONAL CENTER. 

‘‘(a) PURPOSE.—It is the purpose of this subpart to support the development of a 

national center to provide information and technical assistance for students with 

disabilities to improve the postsecondary recruitment, retention, and completion success rates of such students. 

‘‘(b) ESTABLISHMENT AND SUPPORT.—The Secretary shall, by grant, contract, or cooperative agreement with an eligible entity or partnership of two or more eligible 

entities, provide for the establishment and support of a National Center for Information and Technical Support for Postsecondary Students with Disabilities (hereinafter 

in this subpart referred to as the ‘Center’) which shall carry out the duties set forth 

in subsection (d). 

‘‘(c) ELIGIBLE ENTITY.—In this subpart, the term ‘eligible entity’ means an institution of higher education or a private nonprofit organization with demonstrated expertise in— 

‘‘(1) supporting postsecondary students with disabilities; 

‘‘(2) technical knowledge necessary for the accessible dissemination of information; and 

‘‘(3) working with a diverse range of types of institutions of higher education, 

including community colleges. 

‘‘(d) DUTIES.—The duties of the Center shall include the following: 


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‘‘(1) ASSISTANCE TO STUDENTS AND FAMILIES.—The Center shall provide information and technical assistance to students with disabilities, their families, and 

disability support service personnel related to practices supporting students 

across a broad spectrum of disabilities, including— 

‘‘(A) information to assist prospective students with disabilities in planning their postsecondary academic career while they are in middle and secondary school; 

‘‘(B) research-based supports, services, and accommodations which are 

available in postsecondary settings, including services provided by other 

agencies such as vocational rehabilitation; 

‘‘(C) information on student mentoring and networking opportunities; and 

‘‘(D) successful recruitment and transition programs in existence in postsecondary institutions. 

‘‘(2) ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION.—The 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— 

‘‘(A) collection and dissemination of promising practices and materials for 

accommodation and support of students with disabilities; 

‘‘(B) development and provision of training modules for higher education 

faculty on exemplary practices for accommodating and supporting students 

with disabilities across a range of academic fields; or 

‘‘(C) development of Internet-based tutorials for faculty, including graduate teaching assistants and new faculty, on promising practices related to 

support and retention of students with disabilities in postsecondary education. 

‘‘(3) INFORMATION COLLECTION AND DISSEMINATION.—The Center shall be responsible for building and maintaining a database of disability support services 

information with respect to institutions of higher education, which shall be 

available to the general public through a website built to the highest technical 

standards of accessibility currently practicable for the broad spectrum of individuals with disabilities. Such database and website shall include information 

on— ‘‘(A) disability documentation requirements; 

‘‘(B) support services available; 

‘‘(C) links to financial aid; 

‘‘(D) accommodations policies; 

‘‘(E) accessible instructional materials; 

‘‘(F) other topics relevant to students with disabilities and prospective 

students with disabilities; and 

‘‘(G) the information in the report described in paragraph (5). 

‘‘(4) PROFESSIONAL STANDARDS FOR DISABILITY SUPPORT PERSONNEL.—The 

Center shall consolidate and disseminate information with respect to professional standards in existence for disability support services personnel and offices in institutions of higher education and shall convene a panel of experts to 

create and disseminate professional standards for such personnel and offices. 

‘‘(5) REVIEW AND REPORT.—The Center shall annually prepare and disseminate a report analyzing the current condition of postsecondary success for students with disabilities. Such report shall include— 

‘‘(A) a review of the activities of the programs authorized under ths part; 

‘‘(B) enrollment and graduation rates of students with disabilities in institutions of higher education; 

‘‘(C) guidance on how successful postsecondary supports and services for 

students with disabilities could be widely implemented at institutions of 

higher education; 

‘‘(D) guidance on how to reduce barriers to full participation for students 

with disabilities in higher education; and 

‘‘(E) a description of activities necessary to facilitate a substantial improvement in the postsecondary success of such students. 

‘‘(e) STAFFING OF THE CENTER.—The Center shall employ disability support personnel with proven expertise in providing training and technical assistance to practitioners. Such personnel shall provide technical assistance to individual colleges 

and universities seeking to provide appropriate supports and services to students 

with disabilities to improve enrollment, retention, and completion rates of such students. 

‘‘SEC. 766A. ESTABLISHMENT OF ADVISORY COMMISSION ON ACCESSIBLE INSTRUCTIONAL 

MATERIALS IN POSTSECONDARY EDUCATION FOR STUDENTS WITH DISABILITIES. 

‘‘(a) ESTABLISHMENT.— 


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‘‘(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 subpart referred to as 

the ‘Commission’. 

‘‘(2) MEMBERSHIP.— ‘‘(A) The Commission shall include one representative of each of the following: 

‘‘(i) Department of Education Office of Postsecondary Education. 

‘‘(ii) Department of Education Office of Special Education and Rehabilitative Services. 

‘‘(iii) Department of Education Office for Civil Rights. 

‘‘(iv) Library of Congress National Digital Information and Infrastructure Preservation Program Copyright Working Group. 

‘‘(v) Association on Higher Education and Disability. 

‘‘(vi) Association of American Publishers. 

‘‘(vii) Association of American University Presses. 

‘‘(viii) National Association of College Stores. 

‘‘(ix) National Council on Disability. 

‘‘(B) The Commission shall be composed of at least one but not more than 

two representatives, as appointed by the Secretary, of each of the following: 

‘‘(i) Staff from institutions of higher education with demonstrated experience teaching or supporting students with print disabilities, representing each of the following: 

‘‘(I) Large public institution of higher education. 

‘‘(II) Small public institution of higher education. 

‘‘(III) Large private institution of higher education. 

‘‘(IV) Small private institution of higher education. 

‘‘(V) Large community college. 

‘‘(VI) Small community college. 

‘‘(ii) Producers of materials in specialized formats, including each of 

the following: 

‘‘(I) Braille. 

‘‘(II) Audio or synthesized speech. 

‘‘(III) Digital media. 

‘‘(iii) Developers of accessibility and publishing software and supporting technologies. 

‘‘(iv) National organizations serving individuals with visual impairments that have demonstrated experience in technology evaluation research, academic publishing, production of material in accessible formats, and educational methodologies for such for individuals. 

‘‘(v) Postsecondary students with visual impairment. 

‘‘(vi) Postsecondary students with dyslexia or other learning disabilities related to reading. 

‘‘(vii) Attorneys with expertise in copyright law. 

‘‘(C) The Commission shall include at least two, but not more than three, 

representatives as appointed by the Secretary, of national membership organizations representing individuals with print disabilities, including each 

of the following: 

‘‘(i) Individuals with visual impairments. 

‘‘(ii) Individuals with learning disabilities related to reading. 

‘‘(D) The appointments of the members of the Commission shall be made 

not later than 45 days after the date of enactment of the College Opportunity and Affordability Act of 2007. 

‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be appointed for 

the life of the Commission. Any vacancy in the Commission shall not affect its 

powers, but shall be filled in the same manner as the original appointment. 

‘‘(4) INITIAL MEETING.—Not later than 30 days after the date on which all 

members of the Commission have been appointed, the Commission shall hold 

the Commission’s first meeting. 

‘‘(5) MEETINGS.—The Commission shall meet at the call of the Chairperson. 

Meetings shall be publicly announced in advance and open to the public. 

‘‘(6) QUORUM.—A majority of the members of the Commission shall constitute 

a quorum, but a lesser number of members may hold hearings. 

‘‘(7) CHAIRPERSON AND VICE CHAIRPERSON.—The Commission shall select a 

chairperson and vice chairperson from among the members of the Commission. 

‘‘(b) DUTIES OF THE COMMISSION.— 

‘‘(1) STUDY.— 

‘‘(A) IN GENERAL.—The Commission shall conduct a thorough study to assess the barriers, systemic issues, and technical solutions available which 


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may affect or improve the timely delivery and quality of accessible instructional materials for postsecondary students, faculty, and staff with print 

disabilities, and make recommendations related to the development of a 

comprehensive approach that will ensure that postsecondary students with 

print disabilities can access instructional materials in specialized formats 

in a timeframe comparable to the availability of standard instructional materials for students without disabilities. 

‘‘(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 from— 

‘‘(i) the Model Demonstration Programs to Support Improved Access 

to Postsecondary Instructional Materials for Students with Print Disabilities, as described in section 766B; 

‘‘(ii) the Advisory Council and the Technical Assistance and Development Centers of the National Instructional Materials Access Center; 

‘‘(iii) the Library of Congress National Digital Information and Infrastructure Preservation Program Copyright Working Group; 

‘‘(iv) the Association of Higher Education and Disabilities E-Text Solutions Working Group; 

‘‘(v) the Recording for the Blind and Dyslexic’s Technology Advisory 

Committee; 

‘‘(vi) the Association of American Publishers Higher Education Division’s Critical Issues Task Force; and 

‘‘(vii) other existing research related to the creation and distribution 

of accessible instructional materials for students with print disabilities. 

‘‘(C) RECOMMENDATIONS.—The Commission shall develop recommendations to be used to inform Federal regulation and legislation, to identify 

best practices for systems of creating, collecting, maintaining, processing, 

and disseminating materials in specialized formats to eligible students, faculty, and staff while providing adequate copyright protections. In developing such recommendations, the Commission shall consider— 

‘‘(i) how to ensure that students with print disabilities may obtain instructional materials in accessible formats within a timeframe comparable to the availability of materials for students without disabilities; 

‘‘(ii) the feasibility and technical parameters of establishing national 

standardized electronic file formats such as, but not limited to, the National Instructional Materials Accessibility Standard as defined in section 674(e)(3)(B) of the Individuals with Disabilities Education Act, to 

be provided by publishers of instructional materials to producers of specialized formats, institutions of higher education, and eligible students; 

‘‘(iii) the feasibility of the establishment of 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 a 

clearinghouse, repository, or network; 

‘‘(iv) the feasibility of including such a national clearinghouse, repository, or file-sharing network in the duties of the Center described in 

section 766; 

‘‘(v) market-based solutions involving collaborations between publishers of instructional materials, producers of specialized formats, and 

institutions of higher education, including— 

‘‘(I) barriers and opportunities to market entry; 

‘‘(II) unique concerns affecting university presses, small publishers, and solutions incorporating such works into a shared system; and 

‘‘(III) solutions utilizing universal design; 

‘‘(vi) solutions for low-incidence, high-cost requests for materials in 

specialized formats; and 

‘‘(vii) definitions of instructional materials, authorized entities, and 

eligible students. 

‘‘(2) REPORT.—Not later than 24 months after the first meeting, the Commission shall submit a report to the Secretary and to Congress that shall contain 

a detailed statement of the findings and conclusions of the Commission resulting from the study under subsection (a), together with the Commission’s recommendations for such legislation and administrative actions as the Commission considers to be appropriate to implement the development of a comprehensive approach that will ensure that postsecondary students with print disabilities can access instructional materials in specialized formats in a timeframe 


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comparable to the availability of standard instructional materials for students 

without disabilities. 

‘‘(3) FACILITATION OF EXCHANGE OF INFORMATION.—In carrying out the study 

under subsection (a), the Commission shall, to the extent practicable, facilitate 

the exchange of information concerning the issues that are the subject of the 

study among— 

‘‘(A) officials of the Federal Government; 

‘‘(B) educators from Federal, State, and local institutions of higher education and secondary schools; 

‘‘(C) publishers of instructional materials; 

‘‘(D) producers of materials in specialized formats; 

‘‘(E) representatives from the community of individuals with print disabilities; and 

‘‘(F) participants in the Model Demonstration Programs to Support Improved Access to Postsecondary Instructional Materials for Students with 

Print Disabilities, as described in section 766B. 

‘‘(c) COMMISSION PERSONNEL MATTERS.— 

‘‘(1) COMPENSATION OF MEMBERS.—Each member of the Commission who is 

not an officer or employee of the Federal Government shall serve without compensation. All members of the Commission who are officers or employees of the 

United States shall serve without compensation in addition to that received for 

their services as officers or employees of the United States. 

‘‘(2) TRAVEL EXPENSES.—The members of the Commission shall be allowed 

travel expenses, including per diem in lieu of subsistence, at rates authorized 

for employees of agencies under subchapter I of chapter 57 of title 5, United 

States Code, while away from their homes or regular places of business in the 

performance of services for the Commission. 

‘‘(3) STAFF.— 

‘‘(A) IN GENERAL.—The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary 

to enable the Commission to perform the Commission’s duties. The employment of an executive director shall be subject to confirmation by the Commission. 

‘‘(B) COMPENSATION.—The Chairperson of the Commission may fix the 

compensation of the executive director and other personnel without regard 

to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, 

United States Code, relating to classification of positions and General 

Schedule pay rates, except that the rate of pay for the executive director 

and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. 

‘‘(4) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee 

may be detailed to the Commission without reimbursement, and such detail 

shall be without interruption or loss of civil service status or privilege. 

‘‘(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Commission may procure temporary and intermittent services 

under section 3109(b) of title 5, United States Code, at rates for individuals that 

do not exceed the daily equivalent of the annual rate of basic pay prescribed 

for level V of the Executive Schedule under section 5316 of such title. 

‘‘(d) TERMINATION OF THE COMMISSION.—The Commission shall terminate on the 

date that is 90 days after the date on which the Commission submits the Commission’s report under subsection (b)(2). 

‘‘SEC. 766B. 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 to encourage the development of systems to improve the timely delivery 

and quality of postsecondary instructional materials in specialized formats to students with print disabilities, including systems to improve efficiency and reduce duplicative efforts across multiple institutions of higher education. 

‘‘(b) IN GENERAL.—The Secretary shall, on a competitive basis, award grants to, 

and enter into cooperative agreements with, a minimum of one partnership of two 

or more eligible entities to support the activities described in subsections (d) and 

(e). 

‘‘(c) PARTNERSHIP OF ELIGIBLE ENTITIES.—In this section, a partnership of two or 

more eligible entities— 

‘‘(1) shall include— 


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‘‘(A) an institution of higher education with demonstrated expertise in 

meeting the needs of students with print disabilities, including retention 

and completion of such students; and 

‘‘(B) a public or private entity with demonstrated expertise in working 

with the creation of accessible instructional materials in specialized formats 

for postsecondary students with print disabilities, and 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 print course materials in 

specialized formats; and 

‘‘(2) may include one or more publishers of instructional materials. 

‘‘(d) REQUIRED ACTIVITIES.—The Secretary shall support the development and implementation of the following: 

‘‘(1) Processes and systems to help identify, and verify eligibility of, postsecondary students with print disabilities in need of instructional materials in specialized formats. 

‘‘(2) Procedures and systems to facilitate and simplify request methods for accessible instructional materials in specialized formats from eligible students, 

which may include a single point-of-entry system. 

‘‘(3) Procedures and systems to coordinate between institutions of higher education, publishers of instructional materials, and entities that produce materials 

in specialized formats, to efficiently facilitate requests for such materials, the 

responses to such requests, and the delivery of such materials. 

‘‘(4) Delivery systems that will ensure the timely provision of instructional 

materials in specialized formats to eligible students, which may include electronic file distribution. 

‘‘(5) Systems to encourage reduction of duplicative conversions of the same instructional materials for multiple eligible students at multiple institutions of 

higher education when such conversions may be shared. 

‘‘(6) Procedures to protect against copyright infringement with respect to the 

creation, use, and distribution of instructional materials while maintaining accessibility for students with print disabilities, which may include digital technologies such as watermarking, fingerprinting, and other emerging strategies. 

‘‘(7) 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. 

‘‘(8) Evaluation of the effectiveness of the programs under this section. 

‘‘(9) Guidance on how successful procedures and systems described in paragraphs (1) through (7) could be disseminated and implemented on a national 

basis. 

‘‘(e) AUTHORIZED ACTIVITIES.—The Secretary may support the development and 

implementation of the following: 

‘‘(1) Approaches limited to instructional materials used in smaller categories 

of postsecondary courses, such as introductory, first-, and second-year courses. 

‘‘(2) Market-based approaches for making instructional materials in specialized formats directly available to eligible students at prices comparable to 

standard instructional materials. 

‘‘(3) Approaches supporting a unified search across multiple databases or lists 

of available materials. 

‘‘(f) APPLICATION.—A partnership of eligible entities that wishes to apply for a 

grant under this section shall submit an application for such grant at such time, 

in such manner and in such format as the Secretary may prescribe. The application 

shall include information on how the partnership will implement activities under 

subsection (d) and, as applicable, subsection (e). 

‘‘(g) PRIORITY.—In awarding grants under this section, the Secretary shall give 

priority consideration to any applications that include development and implementation of the procedures and systems described in subsection (e)(2) or (e)(3). 

‘‘(h) REPORT TO CONGRESS.—The Secretary shall submit annually to the authorizing committees a report that includes— 

‘‘(1) the number of grants and the amount of funds distributed under this section; 

‘‘(2) a summary of the purposes for which the grants were provided and an 

evaluation of the progress made under such grants; 

‘‘(3) a summary of the activities implemented under subsection (d) and, as applicable, subsection (e), including data on the number of students 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. 


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‘‘(i) MODEL EXPANSION.—After 3 years, the Secretary shall review the results of 

the evaluations of participating partnerships, as well as the Commission report described in section 766A. If the Secretary finds that models used under this section 

are effective in improving the timely delivery and quality of materials in specialized 

formats and provide adequate protections against copyright infringement, the Secretary may expand the demonstration program to additional grantees reflecting regional and programmatic partnerships. 

‘‘(j) MODEL EXPANSION SPECIAL RULE.—The Commission’s recommendations shall 

be submitted to the Secretary and a public comment period shall be issued prior 

to any expansion under subsection (i). No later than 90 days after close of public 

comment period, the Secretary shall issue guidance to new and existing grantees, 

taking into consideration the final Commission recommendations and public comments. 

‘‘(k) 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. 766C. 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 4 succeeding fiscal years. 

‘‘Subpart 3—Transition Programs for Students With Intellectual Disabilities Into Higher Education; Coordinating Center 

‘‘SEC. 767. PURPOSE. 

‘‘The purpose of this subpart is to support model demonstration programs that 

promote the successful transition of students with intellectual disabilities into higher education. 

‘‘SEC. 768. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAM FOR STU- DENTS 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; and 

‘‘(B) is described in section 484(s)(3). 

‘‘(2) STUDENT WITH AN INTELLECTUAL DISABILITY.—The term ‘student with an 

intellectual disability’ means a student who meets the criteria described in 

paragraphs (1) through (4) of section 484(s). 

‘‘SEC. 769. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAMS FOR STUDENTS WITH INTELLECTUAL DISABILITIES. 

‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—The Secretary shall annually award grants, on a competitive basis, to institutions of higher education (or consortia of institutions of 

higher education), to create or expand high-quality, inclusive model comprehensive transition and postsecondary programs for students with intellectual disabilities. 

‘‘(2) 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 application to the Secretary at such time, 

in such manner, and containing such information as the Secretary may require. 

‘‘(c) PREFERENCE.—In awarding grants under this section, the Secretary shall give 

preference to institutions of higher education (or consortia) that— 

‘‘(1) will carry out a model program under the grant in a State that does not 

already have a comprehensive transition and postsecondary program for students with intellectual disabilities; or 

‘‘(2) in the application submitted under subsection (b), agree to incorporate 1 

or more of the following elements into the model programs carried out under 

the grant: 

‘‘(A) The formation of a partnership with any relevant agency serving students with intellectual disabilities, such as a vocational rehabilitation agency. 

‘‘(B) In the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution, 

the integration of students with intellectual disabilities into such housing. 


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‘‘(C) The involvement of students attending the institution of higher education who are studying special education, general education, vocational rehabilitation, assistive technology, or related fields in the model program 

carried out under the grant. 

‘‘(d) USE OF FUNDS.—An institution of higher education (or consortium) receiving 

a grant under this section shall use the grant funds to establish a model comprehensive transition and postsecondary program for students with intellectual disabilities 

that— 

‘‘(1) serves students with intellectual disabilities; 

‘‘(2) provides individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the institution of higher education’s 

regular postsecondary program; 

‘‘(3) with respect to the students with intellectual disabilities participating in 

the model program, provides a focus on— 

‘‘(A) academic enrichment; 

‘‘(B) socialization; 

‘‘(C) independent living, including self-advocacy skills; and 

‘‘(D) integrated work experiences and career skills that lead to gainful 

employment; 

‘‘(4) integrates person-centered planning in the development of the course of 

study for each student with an intellectual disability participating in the model 

program; 

‘‘(5) participates with the coordinating center established under section 770 in 

the evaluation of the model program; 

‘‘(6) partners with 1 or more local educational agencies to support the participation of students with intellectual disabilities in the model program who are 

still eligible for special education and related services under the Individuals 

with Disabilities Education Act, including regarding the utilization of funds 

available under part B of such Act for such students; 

‘‘(7) plans for the sustainability of the model program after the end of the 

grant period; and 

‘‘(8) creates and offers a meaningful credential for students with intellectual 

disabilities upon the completion of the model program. 

‘‘(e) MATCHING REQUIREMENT.—An institution of higher education that receives a 

grant under this section shall provide matching funds toward the cost of the model 

comprehensive transition and postsecondary program for students with intellectual 

disabilities carried out under the grant, which may be provided in cash or in kind, 

in an amount not less than 25 percent of the amount of such grant funds. 

‘‘(f) REPORT.—Not later than 3 years after the date of enactment of the College 

Opportunity and Affordability Act of 2007, the Secretary shall prepare and disseminate a report to the authorizing committees and to the public that reviews the activities of the model comprehensive transition and postsecondary programs for students with intellectual disabilities authorized under this subpart and provides guidance and recommendations on how successful programs can be replicated. 

‘‘SEC. 770. COORDINATING CENTER FOR TECHNICAL ASSISTANCE, EVALUATION, AND DEVELOPMENT OF ACCREDITATION STANDARDS. 

‘‘(a) IN GENERAL.— 

‘‘(1) AWARD.—The Secretary shall, on a competitive basis, enter into a cooperative agreement with an eligible entity, for the purpose of establishing a coordinating center for technical assistance, evaluation, and development of accreditation standards for institutions of higher education that offer inclusive model 

comprehensive transition and postsecondary programs for students with intellectual disabilities. 

‘‘(2) DURATION.—The cooperative agreement under this section shall be for a 

period of 5 years. 

‘‘(b) REQUIREMENTS OF COOPERATIVE AGREEMENT.—The eligible entity entering 

into a cooperative agreement under this section shall establish and maintain a center that shall— 

‘‘(1) serve as the technical assistance entity for all model comprehensive transition and postsecondary programs for students with intellectual disabilities assisted under section 769; 

‘‘(2) provide technical assistance regarding the development, evaluation, and 

continuous improvement of such programs; 

‘‘(3) develop an evaluation protocol for such programs that includes qualitative and quantitative methodology measuring student outcomes and program 

strengths in the areas of academic enrichment, socialization, independent living, 

and competitive or supported employment; 


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‘‘(4) assist recipients of grants under section 769 in efforts to award a meaningful credential to students with intellectual disabilities upon the completion 

of such programs, which credential takes into consideration unique State factors; 

‘‘(5) develop model criteria, standards, and procedures to be used in accrediting such programs that— 

‘‘(A) include, in the development of the model criteria, standards, and procedures for such programs, the participation of— 

‘‘(i) an expert in higher education; 

‘‘(ii) an expert in special education; 

‘‘(iii) a disability organization that represents students with intellectual disabilities; and 

‘‘(iv) a national, State, or regional accrediting agency or association 

recognized by the Secretary under subpart 2 of part H of title IV; and 

‘‘(B) define the necessary components of such programs, such as— 

‘‘(i) academic, vocational, social, and independent living skills; 

‘‘(ii) evaluation of student progress; 

‘‘(iii) program administration and evaluation; 

‘‘(iv) student eligibility; and 

‘‘(v) issues regarding the equivalency of a student’s participation in 

such programs to semester, trimester, quarter, credit, or clock hours at 

an institution of higher education, as the case may be; 

‘‘(6) analyze possible funding streams for such programs and provide recommendations regarding funding streams; 

‘‘(7) develop model memoranda of agreement between institutions of higher 

education and agencies providing funding for such programs; 

‘‘(8) develop mechanisms for regular communication between the recipients of 

grants under section 769 regarding such programs; and 

‘‘(9) host a meeting of all recipients of grants under section 769 not less often 

than once each year. 

‘‘(c) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’ 

means an entity, or a partnership of entities, that has demonstrated expertise in 

the fields of higher education, students with intellectual disabilities, the development of comprehensive transition and postsecondary programs for students with intellectual disabilities, evaluation, and technical assistance. 

‘‘SEC. 770A. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated such sums as may be necessary to carry 

out this subpart for fiscal year 2009 and each of the 4 succeeding fiscal years.’’. 

(f) CONFORMING AMENDMENTS.—Part D of title VII (20 U.S.C. 1140 et seq.) is further amended— 

(1) in section 761, by striking ‘‘part’’ and inserting ‘‘subpart’’; 

(2) in section 762 (as amended by subsection (a)), by striking ‘‘part’’ each place 

the term appears and inserting ‘‘subpart’’; 

(3) in section 763, in the matter preceding paragraph (1), by striking ‘‘part’’ 

and inserting ‘‘subpart’’; 

(4) in section 764, by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

(5) in section 765, by striking ‘‘part’’ and inserting ‘‘subpart’’. 

SEC. 708. SUBGRANTS TO NONPROFIT ORGANIZATIONS. 

Section 771(e) (20 U.S.C. 1141(e)), as added by section 802 of the College Cost Reduction and Access Act of 2007, is amended by inserting after ‘‘of this Act)’’ the following: ‘‘, or those who have agreements with the Secretary under section 

435(d)(5)(J)’’. 

SEC. 709. NURSING EDUCATION. 

Title VII (20 U.S.C. 1133 et seq.) is further amended by adding at the end the 

following new part: 

‘‘PART F—NURSING EDUCATION 

‘‘SEC. 776. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL NURSING STUDENTS. 

‘‘(a) AUTHORIZATION.—The Secretary shall award grants to institutions of higher 

education that offer— 

‘‘(1) a R.N. nursing program at the baccalaureate or associate degree level to 

enable such program to expand the faculty and facilities of such program to accommodate additional R.N. nursing program students; or 


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‘‘(2) a graduate-level nursing program to accommodate advanced practice degrees for Registered Nurses or to accommodate students enrolled in a graduatelevel nursing program to provide teachers of nursing students. 

‘‘(b) DETERMINATION OF NUMBER OF STUDENTS AND APPLICATION.—Each institution of higher education that offers a program described in subsection (a) that desires to receive a grant under this section shall— 

‘‘(1) determine for the 4 academic years preceding the academic year for 

which the determination is made the average number of matriculated nursing 

program students at such institution for such academic years; and 

‘‘(2) submit an application to the Secretary at such time, in such manner, and 

accompanied by such information as the Secretary may require, including the 

average number determined under paragraph (1). 

‘‘(c) GRANT AMOUNT; AWARD BASIS.— 

‘‘(1) GRANT AMOUNT.—For each academic year after academic year 2008–2009, 

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 of matriculated nursing program students at such institution for such academic year that is more than the average number determined 

with respect to such institution under subsection (b)(1). Such amount shall be 

used for the purposes described in subsection (a). 

‘‘(2) DISTRIBUTION OF GRANTS AMONG DIFFERENT DEGREE PROGRAMS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), from the funds available 

to award grants under this section for each fiscal year, the Secretary 

shall— 

‘‘(i) use 20 percent of such funds to award grants under this section 

to institutions of higher education for the purpose of accommodating 

advanced practice degrees or students in graduate-level nursing programs; 

‘‘(ii) use 40 percent of such funds to award grants under this section 

to institutions of higher education for the purpose of expanding R.N. 

nursing programs at the baccalaureate degree level; and 

‘‘(iii) use 40 percent of such funds to award grants under this section 

to institutions of higher education for the purpose of expanding R.N. 

nursing programs at the associate degree level. 

‘‘(B) DISTRIBUTION OF EXCESS FUNDS.—If, for a fiscal year, funds described in clause (i), (ii), or (iii) of subparagraph (A) remain available after 

the Secretary awards grants under this section to all applicants for the particular category of nursing programs described in such clause, the Secretary 

shall use equal amounts of the remaining funds to award grants under this 

section to applicants for the remaining categories of nursing programs. 

‘‘(C) EQUITABLE DISTRIBUTION.—In awarding grants under this section, 

the Secretary shall, to the extent practicable, ensure— 

‘‘(i) an equitable geographic distribution of the grants among the 

States; and 

‘‘(ii) an equitable distribution of the grants among different types of 

institutions of higher education. 

‘‘(d) PROHIBITION.— 

‘‘(1) USE OF FUNDS.—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. 

‘‘SEC. 777. NURSE FACULTY PILOT PROJECT. 

‘‘(a) PURPOSES.—The purposes of this section are to create a pilot program— 

‘‘(1) to provide scholarships to qualified nurses in pursuit of an advanced degree with the goal of becoming faculty members in an accredited nursing program; and 

‘‘(2) to provide grants to partnerships between accredited schools of nursing 

and hospitals or health facilities to fund release time for qualified nurse employees, so that those employees can earn a salary while obtaining an advanced 

degree in nursing with the goal of becoming nurse faculty. 

‘‘(b) ASSISTANCE AUTHORIZED.— 

‘‘(1) COMPETITIVE GRANTS AUTHORIZED.—The Secretary may, on a competitive 

basis, award grants to, and enter into contracts and cooperative agreements 

with, partnerships composed of an accredited school of nursing at an institution 

of higher education and a hospital or health facility to establish not more than 

5 pilot projects to enable such hospital or health facility to retain its staff of 

experienced nurses while providing a mechanism to have such nurses become, 


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through an accelerated nursing education program, faculty members of an accredited school of nursing. 

‘‘(2) DURATION; EVALUATION AND DISSEMINATION.— ‘‘(A) DURATION.—Grants under this section shall be awarded for a period 

of 3 to 5 years. 

‘‘(B) MANDATORY EVALUATION AND DISSEMINATION.—Grants under this 

section shall be primarily used for evaluation, and dissemination to other 

institutions of higher education, of the information obtained through the activities described in subsection (a)(2). 

‘‘(3) CONSIDERATIONS IN MAKING AWARDS.—In awarding grants and entering 

into contracts and cooperative agreements under this section, the Secretary 

shall consider the following: 

‘‘(A) GEOGRAPHIC DISTRIBUTION.—Providing an equitable geographic distribution of such grants. 

‘‘(B) RURAL AND URBAN AREAS.—Distributing such grants to urban and 

rural areas. 

‘‘(C) 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. 

‘‘(D) PRIOR EXPERIENCE OR EXCEPTIONAL PROGRAMS.—The extent to which 

institutions of higher education have demonstrated prior experience in providing advanced nursing education programs to prepare nurses interested 

in pursuing a faculty role. 

‘‘(4) USES OF FUNDS.—Funds made available by grant, contract, or cooperative 

agreement under this section may be used— 

‘‘(A) to develop a new national demonstration initiative to align nursing 

education with the emerging challenges of healthcare delivery; and 

‘‘(B) for any one or more of the following innovations in educational programs: 

‘‘(i) To develop a clinical simulation laboratory in a hospital, health 

facility, or accredited school of nursing. 

‘‘(ii) To purchase distance learning technologies. 

‘‘(iii) To fund release time for qualified nurses enrolled in the graduate nursing program. 

‘‘(iv) To provide for faculty salaries. 

‘‘(v) To collect and analyze data on educational outcomes. 

‘‘(c) APPLICATIONS.—Each partnership desiring to receive a grant, contract, or cooperative agreement 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 application shall include assurances that— 

‘‘(1) the individuals enrolled in the program will be qualified nurses in pursuit 

of a master’s or doctoral degree in nursing and have a contractual obligation 

with the hospital or health facility that is in partnership with the institution 

of higher education; 

‘‘(2) the hospital or health facility of employment will be the clinical site for 

the accredited school of nursing program; 

‘‘(3) individuals enrolled in the program will maintain their employment on 

a part-time basis with the hospital or health facility that allowed them to participate in the program, and will receive an income from the hospital or health 

facility, as a part-time employee, and release times or flexible schedules to accommodate their class schedule; and 

‘‘(4) upon completion of the program, such individuals will be required to 

teach for 2 years in an accredited school of nursing for each year of support the 

individual received under this program. 

‘‘(d) DEFINITION.—For purposes of this section, 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. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section not more than $10,000,000 for fiscal year 2009 and such 

sums as may be necessary for each of the 4 succeeding fiscal years.’’. 

SEC. 710. NATIONAL STUDY ON HIGHER EDUCATION ACCESS AND SUCCESS FOR STUDENTS 

WITH DISABILITIES. 

(a) STUDY.—The Comptroller General shall conduct a study of the barriers to, and 

opportunities for, the full participation of students with disabilities in institutions 

of higher education. The study shall address— 

(1) the extent to which, and manner in which, students with disabilities are— 

(A) prepared to participate in postsecondary education upon enrollment; 


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(B) applying to different types of institutions of higher education; 

(C) accepted into different types of institutions of higher education; 

(D) enrolling in and attending different types of institutions of higher 

education; 

(E) utilizing financial aid programs; and 

(F) completing programs of study at different types of institutions of higher education; 

(2) factors that influence the accessibility of higher education for a broad spectrum of students with different disabilities, including— 

(A) physical access; 

(B) communication and outreach in accessible formats, including 

websites, admissions information, financial aid information, and other general information; 

(C) availability of accessible instructional materials in a timely manner; 

(D) financial factors; and 

(E) eligibility for, and ability to access, adequate support services; 

(3) the effectiveness and capacity of disability support services in helping to 

recruit, retain, and support students with disabilities to complete their programs of study, and the role of disability support services relative to other departments in institutions of higher education, including— 

(A) the number of staff working in disability support services offices; 

(B) the budgets of disability support services offices; and 

(C) the placement of the disability support services offices within the administrative structure of the institutions of higher education; 

(4) the extent to which institutions of higher education provide assistance to 

students with disabilities to coordinate with, and receive services from, other 

support programs that may be available to such students, including services 

provided by local educational agencies, vocational rehabilitation agencies, Social 

Security, Medicaid, and other Federal, State, and local programs; and 

(5) in institutions of higher education that have been effective in recruiting 

and graduating students with disabilities, the factors that may contribute to 

such effectiveness, including— 

(A) faculty and staff preparation related to working with students with 

disabilities; 

(B) program characteristics; 

(C) accommodations and supports available; and 

(D) any other relevant factors. 

(b) REPORT.—The Comptroller General shall submit a report regarding the results 

of the study under subsection (a) to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) no later than 24 

months after the date of the enactment of this Act. 

TITLE VIII—ADDITIONAL PROGRAMS 

SEC. 801. ADDITIONAL PROGRAMS. 

The Higher Education Act of 1965 is further amended by adding at the end the 

following new title: 

‘‘TITLE VIII—ADDITIONAL PROGRAMS 

‘‘SEC. 800. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this title such sums as may 

be necessary for fiscal year 2009 and each of the 4 succeeding fiscal years. 

‘‘PART A—LOW TUITION 

‘‘SEC. 801. INCENTIVES AND REWARDS FOR LOW TUITION. 

‘‘(a) REWARDS FOR LOW TUITION.— 

‘‘(1) COMPETITIVE GRANTS.—From funds made available under section 800, the 

Secretary shall award grants on a competitive basis to institutions of higher 

education that, for academic year 2008–2009 or any succeeding academic year, 

have an annual net tuition increase (expressed as a percentage) for the most 

recent academic year for which satisfactory data is available that is equal to 

or less than the percentage change in the higher education price index for such 

academic year. 


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‘‘(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 needbased 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) 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) 4-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 such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2008, and for each 

of the 4 succeeding continuous academic years, the net tuition charged to an 

undergraduate student will not exceed— 

‘‘(A) the amount that the student was charged for an academic year at 

the time he or she first enrolled in the institution of higher education, plus 

‘‘(B) the product of the percentage increase in the higher education price 

index for the prior academic year, or the most recent prior academic year 

for which data is available, multiplied by the amount determined under 

subparagraph (A). 

‘‘(3) LESS-THAN 4-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 such institution guarantees that for any academic year (or the equivalent) beginning on or after July 

1, 2008, and for each of the 1.5 succeeding continuous academic years, the net 

tuition charged to an undergraduate student will not exceed— 

‘‘(A) the amount that the student was charged for an academic year at 

the time he or she first enrolled in the institution of higher education, plus 

‘‘(B) the product of the percentage increase in the higher education price 

index for the prior academic year, or the most recent prior academic year 

for which data is available, multiplied by the amount determined under 

subparagraph (A). 

‘‘(c) MAINTAINING AFFORDABLE TUITION.— 

‘‘(1) INSTITUTION REPORTS.—If an institution of higher education has an increase in annual net tuition (expressed as a percentage), for the most recent 

academic year for which satisfactory data is available, that is greater than the 

percentage increase in the higher education price index for such academic year, 

the institution or a representative association is required to submit to the Secretary the following information, within 6 months of such determination: 

‘‘(A) A report on the factors contributing to the increase in the institution’s costs and the increase in net tuition and fees charged to students, including identification of the major areas in the institution’s budget with the 

greatest cost increases. 

‘‘(B) The institution’s 3 most recent Form 990s submitted to the Internal 

Revenue Service, as required under section 6033 of the Internal Revenue 

Code of 1986. 

‘‘(C) A description of the major areas of expenditures in the institution’s 

budget with the greatest increase for such academic year. 

‘‘(D) A description of actions being taken by the institution to reduce net 

tuition. 

‘‘(2) REPORT TO CONGRESS.—The Secretary shall compile the information submitted under this subsection and shall provide to the authorizing committees 

an annual report relating to such information. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) NET TUITION.—The term ‘net tuition’ means the average tuition and fees 

charged to a full-time undergraduate student by an institution of higher education for an academic year, minus the average grant amount received by such 

a student for such academic year. 

‘‘(2) HIGHER EDUCATION PRICE INDEX.—The term ‘higher education price index’ 

means the higher education price index developed pursuant to section 133(b). 


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‘‘PART B—COOPERATIVE EDUCATION 

‘‘SEC. 811. STATEMENT OF PURPOSE; DEFINITION. 

‘‘(a) PURPOSE.—It is the purpose of this part to award grants to institutions of 

higher education or combinations of such institutions to encourage such institutions 

to develop and make available to as many of their students as possible 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. 812. RESERVATIONS. 

‘‘(a) RESERVATIONS.—Of the amount appropriated to carry out this part under section 800 in each fiscal year— 

‘‘(1) not less than 50 percent shall be available for awarding grants to institutions of higher education and combinations of such institutions described in section 813(a)(1)(A) for cooperative education under section 813; 

‘‘(2) not less than 25 percent shall be available for awarding grants to institutions of higher education described in section 813(a)(1)(B) for cooperative education under section 813; 

‘‘(3) not to exceed 11 percent shall be available for demonstration projects 

under paragraph (1) of section 814(a); 

‘‘(4) not to exceed 11 percent shall be available for training and resource centers under paragraph (2) of section 814(a); and 

‘‘(5) not to exceed 3 percent shall be available for research under paragraph 

(3) of section 814(a). 

‘‘(b) AVAILABILITY OF APPROPRIATIONS.—Appropriations under this part shall not 

be available for the payment of compensation of students for employment by employers under arrangements pursuant to this part. 

‘‘SEC. 813. GRANTS FOR COOPERATIVE EDUCATION. 

‘‘(a) GRANTS AUTHORIZED.— 

‘‘(1) IN GENERAL.—The Secretary is authorized, from the amount available to 

carry out this part under section 800 in each fiscal year and in accordance with 

the provisions of this part— 

‘‘(A) to award grants to institutions of higher education or combinations 

of such institutions that have not received a grant under this paragraph in 

the 10-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 combinations 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 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 combination 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 which bears the same ratio to the amount reserved 

pursuant to section 812(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 814 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 which exceeds 25 percent 


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of such institution’s cooperative education program’s personnel and operating budget for the preceding fiscal year. 

‘‘(iii) The minimum annual grant amount which 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 paragraphs (1)(A) and (B) to the same institution of higher education or combination 

of such institution in any one fiscal year. 

‘‘(5) USES.—Grants under paragraph (1)(B) shall be used exclusively— 

‘‘(A) to expand the quality of and participation in a cooperative education 

program; 

‘‘(B) for outreach in new curricular areas; and 

‘‘(C) for outreach to potential participants including underrepresented and 

nontraditional populations. 

‘‘(b) APPLICATIONS.—Each institution of higher education or combination 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 compensation to be paid for such performance; 

‘‘(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 which assures, that the 

applicant will continue the cooperative education program beyond the 5-year period of Federal assistance described in subsection (c)(1) at a level which 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 2-year program which 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 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 had a favorable reception by public and private sector employers; 

‘‘(8) describe the extent to which the institution is committed to extending cooperative education on an institution-wide basis for all students who can benefit; 

‘‘(9) describe the plans that the applicant will carry out to evaluate the applicant’s cooperative education program at the end of the grant period; 

‘‘(10) provide for such fiscal control and fund accounting procedures as may 

be necessary to assure proper disbursement of, and accounting for, Federal 

funds paid to the applicant under this part; 


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‘‘(11) demonstrate a commitment to serving all 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 combination of such institutions— 

‘‘(A) a grant pursuant to subsection (a)(1)(A) for more than 5 fiscal years; 

or 

‘‘(B) a grant pursuant to subsection (a)(1)(B) for more than 5 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.—Any provision of law to the contrary notwithstanding, the 

Secretary shall not waive the provisions of this subsection. 

‘‘(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 combinations of such institutions for programs which show the greatest promise of success because of— 

‘‘(A) the extent to which programs in the academic discipline with respect 

to which the application is made have had a favorable reception by public 

and private sector employers; 

‘‘(B) the strength of the commitment of the institution of higher education 

or combination of such institutions to cooperative education as demonstrated by the plans and formalized institutional commitment statement 

which such institution or combination has made to continue the program 

after the termination of Federal financial assistance; 

‘‘(C) the extent to which the institution or combination of institutions is 

committed to extending cooperative education for all 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 combinations of such institutions which demonstrate a commitment to serving all 

underserved populations attending such institutions. 

‘‘SEC. 814. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING AND RESOURCE CENTERS; AND RESEARCH. 

‘‘(a) AUTHORIZATION.—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 812(a)(3), 

for the conduct of demonstration projects designed to demonstrate or determine 

the feasibility or value of innovative methods of cooperative education; 

‘‘(2) from the amounts available in each fiscal year under section 812(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) furnish 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 which 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 


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expand an existing program of cooperative education, or (ii) establish and 

improve or expand comprehensive cooperative education programs; and 

‘‘(F) encourage model cooperative education programs in the fields of 

science and mathematics for women and minorities who are underrepresented in such fields; and 

‘‘(3) from the amounts available in each fiscal year under section 812(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 

combinations 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 make an 

especially significant contribution to attaining the objectives of this section. 

‘‘(2) LIMITATION.— 

‘‘(A) The Secretary may not use more than 3 percent of the amount appropriated to carry out this section in each fiscal year to enter into contracts 

described in paragraph (1)(A). 

‘‘(B) The Secretary may use not more than 3 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 so as to supplement and, to the extent possible, increase the level of funds that would, in the absence of such funds, be 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. 

‘‘PART C—COLLEGE PARTNERSHIP GRANTS 

‘‘SEC. 821. COLLEGE PARTNERSHIP GRANTS AUTHORIZED. 

‘‘(a) GRANTS AUTHORIZED.—From the amount appropriated to carry out this part 

under section 800, 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 is in compliance with section 486A; or 

‘‘(2) include— 

‘‘(A) 1 or more junior or community colleges (as defined by section 312(f) 

of this Act) that award associate’s degrees; and 

‘‘(B) 1 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. 


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‘‘(h) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out this section. 

‘‘(i) 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. 

‘‘PART D—STUDENT SUCCESS GRANTS 

‘‘SEC. 826. STUDENT SUCCESS GRANTS. 

‘‘(a) AUTHORIZATION OF PILOT PROGRAM.—From the amount appropriated to carry 

out this part under section 800, the Secretary is authorized to award grants on a 

competitive basis to eligible institutions for the purposes of helping low-income students succeed in persisting in and completing postsecondary education and training 

programs. 

‘‘(b) DEFINITIONS.— ‘‘(1) ELIGIBLE INSTITUTION.—In this section, 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 

section, an average of not less than 50 percent of the institution’s entering firstyear students are enrolled in developmental courses to bring reading, writing, 

or mathematics skills up to college-level. 

‘‘(2) ELIGIBLE STUDENT.—In this section, the term ‘eligible student’ means a 

student who— 

‘‘(A) is eligible to receive assistance under section 401; 

‘‘(B) is a first-year student at the time of entering the pilot program; and 

‘‘(C) is selected by an eligible institution to participate in the pilot program. 

‘‘(c) APPLICATION.—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. 

‘‘(d) STUDENT SUCCESS GRANT AMOUNT.—For an award year, each institution selected to participate in this pilot program shall receive an amount equal to $1,500 

multiplied by the number of students the institution selects to participate in the 

pilot program in such year. An institution shall not select more than 200 students 

to participate in the pilot program under this section during such year. 

‘‘(e) PRIORITY FOR REPLICATION OF EVIDENCE-BASED POLICIES AND PRACTICES.— 

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 completion by low-income students or students in need of developmental education. 

‘‘(f) PEER REVIEW.—The Secretary shall convene a peer review process 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 include researchers and practitioners who are recognized experts on services 

and policies to increase low income student success in postsecondary education and 

training. No member of the committee shall be in a position to benefit financially 

from the grants to eligible institutions under subsection (d). 

‘‘(g) MANDATORY USES.—An eligible institution that receives a grant under this 

section shall use the grant funds to assign a Student Success Coach to every firstyear student participating in the pilot 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— 

‘‘(1) shall work with not more than 50 new students during any academic period; 

‘‘(2) may be employees of academic departments, student services offices, community-based organizations, or other entities as deemed appropriate by the institution; and 

‘‘(3) shall meet with each eligible student selected for the pilot program before 

registration for courses. 

‘‘(h) PERMISSIBLE USES.—An eligible institution that receives a grant under this 

section may use the grant funds to provide services and program innovations for 

students participating in the pilot, including the following: 

‘‘(1) College and career success courses, with tuition and fees for the course 

covered by the Student Success Grant. 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 compoVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00153 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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nent. 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. 

‘‘(2) Work-study jobs with private employers in the students’ fields of study. 

‘‘(3) Learning communities that ensure that students participating in the pilot 

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. 

‘‘(4) Curricular redesign, which may include such innovations as ‘blended’ or 

accelerated remediation classes that help Student Success Grant recipients to 

attain college-level reading, writing, 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. 

‘‘(5) Instructional support, such as learning labs, supplemental instruction, 

and tutoring. 

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

‘‘(i) GRANT PERIOD; ADDITIONAL TECHNICAL ASSISTANCE.— ‘‘(1) GRANT PERIOD.—Grants made under this section shall be for a period of 

not less than 60 months. 

‘‘(2) ADDITIONAL TECHNICAL ASSISTANCE.—After 36 months, the Secretary 

shall review the performance of the Student Success Grant pilot program students at each institution, and if no significant improvements have been made 

by Student Success Grant pilot program students in persistence and completion 

at an institution, then the Secretary shall provide additional technical assistance to help the institution improve outcomes. 

‘‘(j) REQUIRED NON-FEDERAL SHARE.— 

‘‘(1) IN GENERAL.—Each institution participating in the pilot program under 

this section shall provide a non-Federal match of 25 percent of the amount of 

grant to carry out the activities of the pilot program. The non-Federal share 

under this section may be provided in cash or in kind. 

‘‘(2) EFFECT ON NEED ANALYSIS.—For the purpose of calculating a student’s 

need in accordance with part F of this title, services or benefits under this section shall not be considered to be an asset or income of the student or the students parents. 

‘‘(k) TECHNICAL ASSISTANCE.—The Secretary shall enter into contracts with private entities to provide such technical assistance to grantees under this section as 

the Secretary determines appropriate. 

‘‘(l) EVALUATION.— 

‘‘(1) OUTCOME EVALUATIONS.—The Secretary shall conduct an evaluation of 

program outcomes under the pilot program, and shall disseminate to the public 

the findings from the evaluation and information on best practices. The Secretary is encouraged to partner with other providers of funds, such as private 

foundations, to allow for use of an experimental or quasi-experimental evaluation in at least one of the pilot program sites. 

‘‘(2) INSTITUTIONAL PARTICIPATION.—As a condition of receiving grants under 

this section, participating institutions shall work with the evaluator to track 

persistence and completion outcomes for students in the pilot 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. This data 

shall be broken down by race, ethnicity, and age and the evaluator shall assist 

institutions in analyzing this data to compare Student Success Grant pilot program participants to comparable nonparticipants, using statistical techniques to 

control for differences in the groups. 

‘‘(3) ANNUAL REPORTS.—Participating institutions under this section shall report on the data specified in paragraph (2) annually and the Secretary shall 

make this data publicly available. 

‘‘PART E—JOBS TO CAREERS 

‘‘SEC. 831. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS. 

‘‘(a) AUTHORIZATION OF PROGRAM.—From amounts appropriated to carry out this 

part under section 800, the Secretary shall award grants, on a competitive basis, 

to institutions of higher education for the purposes of improving developmental education, including English language instruction, by customizing developmental eduVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00154 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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cation to student career goals, and helping students move rapidly from developmental coursework into for-credit occupational program courses and through program completion. The grants under this section shall focus in particular on creating 

bridges to for-credit occupational certificate programs that are articulated to degree 

programs. 

‘‘(b) APPLICATION.—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. 

‘‘(c) 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. 

‘‘(d) PEER REVIEW.—The Secretary shall convene a peer review process to review 

applications for grants under this section and to make recommendations to the Secretary regarding the selection of grantees. 

‘‘(e) MANDATORY ACTIVITY.—An eligible institution that receives a grant under 

this section shall use the grant funds to create workforce bridge programs that customize developmental education curricula, including English language instruction, 

to the content of the for-credit occupational certificate or degree programs, or clusters of such programs, in which developmental education students seek to enroll. 

Such bridge programs may include those that integrate the curricula and the instruction of both developmental and college-level coursework or that dually enroll 

students in remediation and college-level coursework. 

‘‘(f) PERMISSIBLE ACTIVITIES.—An eligible institution that receives a grant under 

this section, in addition to creating workforce bridge programs, may use the grant 

funds to carry out the following: 

‘‘(1) Design and implement innovative ways to improve retention in and completion of developmental education courses, including enrolling students in cohorts, accelerating course content, integrating remediation and college-level curricula and instruction, dually enrolling students in developmental and collegelevel 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, redesignating class schedules to meet the needs of working adults, such as by creating 

evening, weekend, modular, compressed, distance-learning formats, or other alternative schedules. 

‘‘(3) Improving the quality of teaching in remedial courses through professional development, reclassification of such teaching positions, or other means 

the eligible institution determines appropriate. 

‘‘(4) Any other activities the eligible institution and the Secretary determine 

will promote retention of, and completion by, students attending institutions of 

higher education. 

‘‘(5) Fully advise students on the range of options and programs available, 

which may include: diploma; certification; 2-year degree; associate’s degree; 

transfer degree to upper division; and career options. 

‘‘(g) GRANT PERIOD.—Grants made under this section shall be for a period of not 

less than 36 months and not more than 60 months. 

‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to 

grantees under this section throughout the grant period. 

‘‘(i) EVALUATION.—The Secretary shall conduct an evaluation of program impacts 

under the demonstration program, and shall disseminate to the public the findings 

from the evaluation and information on best practices. The Secretary is encouraged 

to partner with other providers of funds, such as private foundations, to allow for 

use of a random assignment evaluation in at least one of the demonstration sites. 

‘‘(j) DEFINITION OF INSTITUTION.—In this section, the term ‘institution of higher 

education’ means an institution of higher education as defined in section 101(a). 

‘‘PART F—PROJECT GRAD 

‘‘SEC. 836. PROJECT GRAD. 

‘‘(a) PURPOSES.—The purposes of this part are— 

‘‘(1) to provide support and assistance to programs implementing integrated 

education reform services in order to improve secondary school graduation and 

college attendance and completion rates for disadvantaged students; and 


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‘‘(2) to promote the establishment of new programs to implement such integrated education reform services. 

‘‘(b) GRANT AUTHORIZED.—From the amount appropriated to carry out this part 

under section 800, the Secretary is authorized to award a grant to Project GRAD 

USA (referred to in this part as the ‘grantee’), a nonprofit educational organization 

that has as its primary purpose the improvement of secondary school graduation 

and college attendance and completion rates for disadvantaged students, to implement and sustain the integrated education reform services described in subsection 

(d)(3) at existing Project GRAD program sites and to promote the expansion of such 

programs to new sites. 

‘‘(c) REQUIREMENTS OF GRANT AGREEMENT.—The Secretary shall enter into an 

agreement with the grantee that requires that the grantee shall— 

‘‘(1) enter into subcontracts with nonprofit educational organizations that 

serve a substantial number or percentage of low-income students (referred to 

in this part as ‘subcontractors’), under which the subcontractors agree to implement the programs described in subsection (d) 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 college access programs further described in subsection (d)(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 but not limited to activities to further articulate a program for 

one or more grade levels and across grade levels, to tailor a program for 

a particular target audience, and 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 college attendance rates for disadvantaged students; and 

‘‘(F) other activities directly related to improving secondary school graduation and college attendance and completion rates for disadvantaged students; and 

‘‘(3) use grant funds available under this part to pay— 

‘‘(A) the amount determined under subsection (f)(1); and 

‘‘(B) costs associated with carrying out the activities and providing the 

services, as provided in paragraph (2) of this subsection. 

‘‘(d) SUPPORTED PROGRAMS.— 

‘‘(1) DESIGNATION.—The subcontractor programs referred to in subsection 

(c)(1) 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 grantee— 

‘‘(A) identify or establish not less than one ‘feeder pattern’ of public 

schools, where ‘feeder pattern’ is defined as a high school and the elementary schools and middle schools that channel students into that high school; 

and 

‘‘(B) provide the integrated educational reform services described in paragraph (3) at the identified feeder pattern or feeder patterns. 

‘‘(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 college access program that includes— 

‘‘(i) providing college scholarships for students who meet established 

criteria; 

‘‘(ii) proven approaches for increasing student and family college 

awareness; and 

‘‘(iii) assistance for such students in applying for higher education financial aid; and 

‘‘(D) such other services identified by the grantee as necessary to increase 

secondary school graduation and college attendance and completion rates. 

‘‘(e) USE OF FUNDS.—Of the funds made available to carry out this part under section 800, not more than 8 percent of such funds, or $4,000,000, whichever is less, 


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shall be used by the grantee to pay for administration of the grant, with the remainder of funds to be used for the purposes described in subsections (c)(1) and (2). 

‘‘(f) GRANTEE CONTRIBUTION AND MATCHING REQUIREMENT.— 

‘‘(1) IN GENERAL.—The grantee shall provide to each subcontractor an average 

of $200 for each pupil served by the subcontractor in the Project GRAD program, adjusted to take into consideration— 

‘‘(A) the resources available in the area where the subcontractor will implement the Project GRAD program; and 

‘‘(B) the need for Project GRAD programs in such area to improve student 

outcomes. 

‘‘(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 grantee. Such matching funds may be provided in 

cash or in kind, fairly evaluated. 

‘‘(3) WAIVER AUTHORITY.—The grantee may waive, in whole or in part, the requirement of paragraph (2) for a subcontractor, if the subcontractor— 

‘‘(A) demonstrates that it would not otherwise be able to participate in 

the program; and 

‘‘(B) enters into an agreement with the grantee with respect to the 

amount to which the waiver will apply. 

‘‘(4) DECREASE IN GRANTEE SHARE.—Based on the funds or resources available 

to a subcontractor, the grantee may elect to provide the subcontractor with an 

amount that is less than the amount determined under paragraph (1). 

‘‘(g) EVALUATION.— 

‘‘(1) EVALUATION BY THE SECRETARY.—The Secretary shall select an independent entity to evaluate, every 3 years, the performance of students who participate in a Project GRAD program under this part. The evaluation shall— 

‘‘(A) be conducted using a rigorous research design for determining the 

effectiveness of the Project GRAD programs funded under this part; and 

‘‘(B) compare reading and mathematics achievement and, where applicable, the secondary school graduation, college attendance, and college completion rates of students who participate in a Project GRAD program funded under this part with those indicators for students of similar backgrounds 

who do not participate in such program. 

‘‘(2) EVALUATION BY GRANTEE AND SUBCONTRACTORS.— 

‘‘(A) IN GENERAL.—The grantee 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 part that includes— 

‘‘(i) data on the reading and mathematics achievement of students involved in the Project GRAD program; 

‘‘(ii) statistics on secondary school graduation, college attendance, and 

college completion rates; and 

‘‘(iii) such financial reporting as required by the Secretary to review 

the effectiveness and efficiency of the program. 

‘‘(B) FORM OF REPORT.—The report shall be in a form and include such 

content as shall be determined by the grantee, in consultation with the Secretary or the entity selected by the Secretary to evaluate the Project GRAD 

programs in accordance with paragraph (1). 

‘‘(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 chairperson and ranking member of the authorizing committees. 

‘‘(h) DEFINITIONS.—In this part 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 described in section 1113(a)(5) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6313(a)(5)). 

‘‘PART G—IMPROVING COLLEGE ENROLLMENT BY 

SECONDARY SCHOOLS 

‘‘SEC. 841. IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS. 

‘‘(a) IN GENERAL.—From the amount appropriated to carry out this part under 

section 800, the Secretary shall contract with one nonprofit organization described 

in subsection (b) to enable the nonprofit organization— 

‘‘(1) to make publicly available the year-to-year higher education enrollment 

rate trends of secondary school students, disaggregated by secondary school, in 

compliance with the Family Education Rights and Privacy Act of 1974; 


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‘‘(2) to identify not less than 50 urban local educational agencies and 5 States 

with significant rural populations, each serving a significant population of lowincome students, and to carry out a comprehensive needs assessment in the 

agencies and States of the factors known to contribute to improved higher education enrollment rates, which factors shall include— 

‘‘(A) an evaluation of the local educational agency’s and State’s leadership 

strategies; 

‘‘(B) the secondary school curriculum and class offerings of the local educational agency and State; 

‘‘(C) the professional development used by the local educational agency 

and the State to assist teachers, higher education counselors, and administrators in supporting the transition of secondary students into higher education; 

‘‘(D) secondary school student attendance and other factors demonstrated 

to be associated with enrollment into higher education; 

‘‘(E) the data systems used by the local educational agency and the State 

to measure college enrollment rates and the incentives in place to motivate 

the efforts of faculty and students to improve student and school-wide outcomes; and 

‘‘(F) strategies to mobilize student leaders to build a college-bound culture; and 

‘‘(3) to provide comprehensive services to improve the school-wide higher education enrollment rates of each of not less than 10 local educational agencies 

and States, with the federally funded portion of each project declining by not 

less than 20 percent each year beginning in the second year of the comprehensive services, that— 

‘‘(A) participated in the needs assessment described in paragraph (2); and 

‘‘(B) demonstrated a willingness and commitment to improving the higher 

education enrollment rates of the local educational agency or State, respectively. 

‘‘(b) GRANT RECIPIENT CRITERIA.—The recipient of the grant awarded under subsection (a) shall be a nonprofit organization with demonstrated expertise— 

‘‘(1) in increasing school-wide higher education enrollment rates in low-income 

communities nationwide by providing curriculum, training, and technical assistance to secondary school staff and student peer influencers; and 

‘‘(2) in a college transition data management system. 

‘‘PART H—DIPLOMA MILL PREVENTION 

‘‘SEC. 851. PURPOSE; DEFINITIONS. 

‘‘(a) PURPOSE.—The purpose of this part is to protect institutions of higher education, businesses and other employers, professional licensing boards, patients and 

clients of degree holders, taxpayers, and other individuals from any person claiming 

to possess a legitimate academic degree that in fact was issued by a fraudulent or 

nonexistent school, by a non-educational entity posing as a school, or by any entity 

in violation of Federal or State law. 

‘‘(b) DEFINITIONS.—In this part: 

‘‘(1) DEGREE-GRANTING INSTITUTION.—The term ‘degree-granting institution’ 

means any entity that offers or confers an academic, professional, or occupational degree, diploma, or certificate, if such degree, diploma, or certificate may 

be used to represent to the general public that the individual possessing such 

degree, diploma, or certificate has completed a program of education or training 

beyond secondary education. 

‘‘(2) DIPLOMA MILL.—The term ‘diploma mill’ means any entity that— 

‘‘(A) lacks valid accreditation by an agency recognized by a Federal agency or a State government or other organization or association that recognizes accrediting agencies as a valid accrediting agency of institutions of 

higher education; and 

‘‘(B) offers degrees, diplomas, or certifications, for a fee, that may be used 

to represent to the general public that the individual possessing such a degree, diploma, or certification has completed a program of education or 

training beyond secondary education, but little or no education or course 

work is required to obtain such a degree, diploma, or certification. 

‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given such term in section 102. 


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‘‘SEC. 852. RECOGNIZED ACCREDITING AGENCIES AND INSTITUTIONS. 

‘‘(a) LISTS MAINTAINED BY THE DEPARTMENT OF EDUCATION.—Not later than 30 

days after the date of the enactment of this part, the Secretary of Education shall 

make available (in a regularly updated, electronic format) to the Secretary of Homeland Security and the heads of other appropriate Federal agencies, a list of— 

‘‘(1) accrediting agencies and associations, recognized by the Secretary of Education under section 496, or, at the discretion of the Secretary, other organizations involved in accreditation; 

‘‘(2) eligible institutions, as defined under section 435(a); and 

‘‘(3) to the extent practicable, foreign degree-granting institutions that— 

‘‘(A) have degree-granting authority, as granted by the appropriate agency or ministry of jurisdiction in the home country of such institution; 

‘‘(B) issue degrees that are accepted for professional licensure, public employment, and admission into graduate programs of degree-granting institutions in the home country (as determined by the Secretary of State); 

‘‘(C) are determined by the Secretary of Education to be academically 

equivalent to an eligible institution, as defined in section 435(a); and 

‘‘(D) are located in a home country that is capable of performing an effective academic evaluation of the degree-granting institutions to which it 

issues degree-granting authority, as determined by the Secretary of State, 

in consultation with the Secretary of Education, 

for the purposes of assisting the Secretary of Homeland Security and the heads of 

such Federal agencies to determine, for immigration and Federal employment and 

hiring purposes, the legitimacy of degree-granting institutions and degrees issued 

by such institutions. 

‘‘(b) REVISIONS TO LISTS.—The Secretary of Education shall modify and maintain 

the lists described in subsection (a) as necessary to ensure that the lists and the 

information contained in the lists are accurate and up-to-date, based on the most 

recent information available to the Secretary. 

‘‘(c) NOTICE OF RECOGNITION.—To be eligible to receive funds under title IV, each 

eligible institution described in subsection (a)(2) shall, not later than 60 days after 

the date of the enactment of this part, prominently display on the institution’s 

Internet website a notice indicating that the institution is recognized by the Secretary of Education as a legitimate institution for immigration and Federal employment and hiring purposes. If the Secretary of Education determines that an institution no longer qualifies as a legitimate degree-granting institutions described in subsection (a)(2), and removes the institution from the list maintained under such subsection, the institution shall, not later than 15 days after the removal of the institution from such list, delete the notice required by this subsection from the institution’s Internet website. 

‘‘SEC. 853. ACCREDITING AGENCIES. 

‘‘No accrediting agency or association may be considered to be a reliable authority 

as to the quality of education or training offered by a degree-granting institution 

for any purpose related to immigration, Federal employment and hiring practices, 

or for any other Federal purposes, unless the agency or association is on the list 

of accrediting agencies and associations recognized by the Secretary of Education 

and provided to the Secretary of Homeland Security under section 852. The Secretary may consult with other organizations, such as the Council for Higher Education Accreditation, for such purposes. 

‘‘SEC. 854. TASK FORCE. 

‘‘(a) TASK FORCE ESTABLISHED.—The Secretary of Education shall establish within 

the Department of Education the Diploma Mill Task Force (referred to in this part 

as the ‘Task Force’). 

‘‘(b) MEMBERSHIP.— 

‘‘(1) NUMBER AND APPOINTMENT.—The Task Force shall, if practicable, be composed of 19 members, as follows: 

‘‘(A) The Assistant Secretary of Education for Postsecondary Education. 

‘‘(B) A representative of the Department of Education with experience related to the determination of the legitimacy and quality of degrees from foreign institutions of higher education, selected by the Secretary of Education. 

‘‘(C) A representative of the Department of Justice, selected by the Attorney General. 

‘‘(D) A representative of the Federal Trade Commission, selected by the 

Chairman of such agency. 

‘‘(E) A representative of the Secret Service, selected by the Director of the 

Secret Service. 


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‘‘(F) A representative of the Department of State, selected by the Secretary of State. 

‘‘(G) A representative of the Department of Homeland Security, selected 

by the Secretary of Homeland Security. 

‘‘(H) A representative of the Office of Personnel Management, selected by 

the Director of such Office. 

‘‘(I) A representative of a national accreditation association. 

‘‘(J) A representative of a national organization representing collegiate 

registrars and admissions officers. 

‘‘(K) Two representatives of State degree approval agencies, selected by 

agreement of at least 3 of the Speaker of the House of Representatives, the 

Senate Majority Leader, the House Minority Leader, and the Senate Minority Leader. 

‘‘(L) Two representatives from regionally accredited institutions of higher 

education, selected by agreement of at least 3 of the Speaker of the House 

of Representatives, the Senate Majority Leader, the House Minority Leader, 

and the Senate Minority Leader. 

‘‘(M) One representative from a nationally accredited institution of higher 

education, selected by agreement of at least 3 of the Speaker of the House 

of Representatives, the Senate Majority Leader, the House Minority Leader, 

and the Senate Minority Leader. 

‘‘(N) Four individuals from the general population with experience in 

higher education, the detection of fraudulent degrees and degree-granting 

institutions, or law enforcement related to credential fraud, selected as follows: 

‘‘(i) One individual selected by the Speaker of the House of Representatives. 

‘‘(ii) One individual selected by the Minority Leader of the House of 

Representatives. 

‘‘(iii) One individual selected by the Majority Leader of the Senate. 

‘‘(iv) One individual selected by the Minority Leader of the Senate. 

‘‘(2) CRITERIA FOR MEMBERSHIP.—All members of the Task Force shall be persons who are especially qualified to serve on the Task Force by virtue of their 

education, training, or experience, particularly in the fields of higher education, 

accreditation of institutions of higher education, foreign higher education standards, State regulation of institutions of higher education, immigration, Federal 

employment requirements and hiring practices, or fraud prevention, detection, 

or enforcement. 

‘‘(3) TERMS.—Each member shall be appointed for the life of the Task Force. 

‘‘(4) VACANCIES.—A vacancy in the Task Force shall be filled in the manner 

in which the original appointment was made. 

‘‘(5) CHAIR.—At the first meeting of the Task Force, the members of the Task 

Force shall elect a member of the Task Force to serve as Chair. 

‘‘(c) DUTIES.— 

‘‘(1) GUIDELINES.—The Task Force shall develop guidelines, to be used for the 

development of Federal legislation, to identify degree-granting institutions as legitimate or fraudulent degree-granting institutions for Federal purposes. In developing such guidelines, the Task Force shall consider— 

‘‘(A) characteristics of degree-granting institutions that help determine 

the legitimacy of the institution, such as whether an entity— 

‘‘(i) offers or confers degrees, diplomas, or certificates— 

‘‘(I) for little or no meaningful academic work; 

‘‘(II) without requiring an appropriate level of academic achievement for the attainment of such degrees, diplomas, or certificates; 

or 

‘‘(III) without imposing academic or other requirements for admittance into the institutions or programs offering such degrees, 

diplomas, or certificates; 

‘‘(ii) has fiscal and administrative structures and capacity appropriate 

to the specified scale of educational operations; 

‘‘(iii) has resources to support claims as a degree-granting institution, 

including curricula, qualified faculty, facilities, equipment, and supplies, student support services, objectives of the degrees or credentials 

offered, admissions practices, academic calendars and catalogs, and a 

grading system; and 

‘‘(iv) has degree-granting authority issued by the States in which degrees, or instruction leading to degrees, are offered, and is recognized 

by such States as an approved institution of higher education; 


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‘‘(B) the feasibility of defining the term ‘fraudulent degree-granting institution’ (commonly referred to as ‘diploma mills’), and if feasible, shall define 

such term to propose for use in Federal laws and regulations; 

‘‘(C) issues related to— 

‘‘(i) the detection of new and existing fraudulent degree-granting institutions; 

‘‘(ii) recognition and prevention of the practices used by such fraudulent degree-granting institutions to avoid detection; 

‘‘(iii) the enforcement of laws and regulations prohibiting such fraudulent degree-granting institutions and practices and the use of fraudulent degrees; and 

‘‘(iv) the prosecution of such fraudulent degree-granting institutions 

and practices and the use of fraudulent degrees; 

‘‘(D) difficulties in identifying fraudulent degree-granting institutions located in foreign countries, or that claim recognition or degree-granting authority from foreign countries; 

‘‘(E) means to alert and educate the public about fraudulent degree-granting institutions and the use of fraudulent degrees; 

‘‘(F) laws, regulations, and other means used by States to address fraudulent degree-granting institutions and the use of fraudulent degrees; 

‘‘(G) the potential need for coordination and cooperation among various 

Federal agencies to investigate and prosecute suspected fraudulent degreegranting institutions, and the detailed recommendations of the Task Force 

regarding such coordination and cooperation; 

‘‘(H) the study and the report to the Task Force required under this section; and 

‘‘(I) the purposes for which various agencies of the United States need to 

identify fraudulent degree-granting institutions, and identify, prohibit, and 

prevent the use of degrees issued by such fraudulent institutions, and the 

ability of such agencies to implement any guidelines considered by the Task 

Force. 

‘‘(2) DEVELOPMENT OF FEDERAL PLAN.—The Task Force shall develop a strategic diploma integrity protection plan (referred to in this section as the ‘Plan’) 

to address the sale and use of fraudulent degrees for Federal purposes. The 

Plan shall include the following: 

‘‘(A) Recommendations to Congress regarding the implementation by Federal agencies of the guidelines developed under paragraph (1). 

‘‘(B) Recommendations to the Federal Trade Commission regarding the 

application of the guidelines developed under paragraph (1) to any rulemaking under section 856 and to the enforcement of the rules promulgated 

under such section. 

‘‘(3) SUBMISSION OF REPORT TO CONGRESS.—Not later than one year after the 

date of the enactment of this part, the Task Force shall submit to the appropriate congressional committees a report, including— 

‘‘(A) the guidelines developed under paragraph (1); 

‘‘(B) the Plan developed under paragraph (2); and 

‘‘(C) a legislative proposal for consideration by Congress. 

‘‘SEC. 855. SENSE OF THE CONGRESS REGARDING USE BY STATES OF THE FEDERAL PLAN AS 

GUIDELINES. 

‘‘It is the sense of the Congress that— 

‘‘(1) each State should implement a strategic diploma integrity plan similar 

to any strategic diploma integrity plan developed under section 854, to the extent practicable and as soon as practicable after the date of the adoption of such 

a plan under such section; and 

‘‘(2) States may adopt more stringent standards than those standards contained in the Federal strategic diploma integrity plan and used by agencies of 

the United States to identify fraudulent degree-granting institutions operating 

within such State, except that State law does not preempt Federal law as applied to the employment and hiring practices of Federal employees working in 

such State. 

‘‘SEC. 856. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING DIPLOMAS AND PROFESSIONAL CERTIFICATIONS. 

‘‘Not later than 180 days after the date of enactment of this part, the Secretary 

shall request in writing that the Federal Trade Commission shall develop a plan 

to address diploma mills based on section 18 of Federal Trade Commission Act (15 

U.S.C. 57a). 


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‘‘PART I—STUDENT SAFETY AND CAMPUS EMERGENCY 

MANAGEMENT 

‘‘SEC. 861. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT. 

‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—From the amount appropriated to carry out this part under 

section 800, the Secretary is authorized to award grants, on a competitive basis, 

to institutions of higher education or consortia of institutions of higher education to enable institutions of higher education or consortia to pay the Federal 

share of the cost of carrying out the authorized activities described in subsection 

(c). 

‘‘(2) CONSULTATION WITH THE ATTORNEY GENERAL AND THE SECRETARY OF

HOMELAND SECURITY.—Where appropriate, the Secretary shall award grants 

under this section in consultation with the Attorney General of the United 

States and the Secretary of Homeland Security. 

‘‘(3) DURATION.—The Secretary shall award each grant under this section for 

a period of 2 years. 

‘‘(4) LIMITATION ON INSTITUTIONS AND CONSORTIA.—An institution of higher 

education or consortium shall be eligible for only 1 grant under this section. 

‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— ‘‘(1) IN GENERAL.—The Federal share of the activities described in subsection 

(c) shall be 50 percent. 

‘‘(2) NON-FEDERAL SHARE.—The institution of higher education or consortium 

shall provide the non-Federal share, which may be provided from other Federal, 

State, and local resources dedicated to emergency preparedness and response. 

‘‘(c) AUTHORIZED ACTIVITIES.—Each institution of higher education or consortium 

receiving a grant under this section may use the grant funds to carry out 1 or more 

of the following: 

‘‘(1) Developing and implementing a state-of-the-art emergency communications system for each campus of an institution of higher education or consortium, in order to contact students via cellular, text message, or other state-ofthe-art communications methods when a significant emergency or dangerous 

situation occurs. An institution or consortium using grant funds to carry out 

this paragraph shall also, in coordination with the appropriate State and local 

emergency management authorities— 

‘‘(A) develop procedures that students, employees, and others on a campus of an institution of higher education or consortium will be directed to 

follow in the event of a significant emergency or dangerous situation; and 

‘‘(B) develop procedures the institution of higher education or consortium 

shall follow to inform, within a reasonable and timely manner, students, 

employees, and others on a campus in the event of a significant emergency 

or dangerous situation, which procedures shall include the emergency communications system described in this paragraph. 

‘‘(2) Supporting measures to improve safety at the institution of higher education or consortium, such as— 

‘‘(A) security assessments; 

‘‘(B) security training of personnel and students at the institution of higher education or consortium; 

‘‘(C) where appropriate, coordination of campus preparedness and response efforts with local law enforcement, local emergency management authorities, and other agencies, to improve coordinated responses in emergencies among such entities; and 

‘‘(D) establishing a hotline that allows a student or staff member at an 

institution or consortium to report another student or staff member at the 

institution or consortium who the reporting student or staff member believes may be a danger to the reported student or staff member or to others. 

‘‘(3) Coordinating with appropriate local entities the provision of mental 

health services for students 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. 


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

‘‘(1) to provide a private right of action to any person to enforce any provision 

of this section; 

‘‘(2) to create a cause of action against any institution of higher education or 

any employee of the institution for any civil liability; or 

‘‘(3) to affect the Family Educational Rights and Privacy Act of 1974 or the 

regulations issued under section 264 of the Health Insurance Portability and 

Accountability Act of 1996 (42 U.S.C. 1320d–2 note). 

‘‘SEC. 862. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, AND PRACTICES. 

‘‘The Secretary of Education, in consultation with the Attorney General of the 

United States and the Secretary of Homeland Security, shall— 

‘‘(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. 863. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SECRETARY. 

‘‘(a) PLANNING.—The Secretary shall develop and maintain a disaster relief plan, 

in consultation with the appropriate agencies, to ensure a procedure is in place to 

address the needs of institutions of higher education in the event of a disaster with 

respect to which the President has declared a major disaster or emergency. The plan 

shall take into consideration the immediate safety and well-being of students, faculty, and staff. Additionally, such plan shall outline steps that can be taken to ensure institutions of higher education have a timely recovery. 

‘‘(b) SUBMISSION TO CONGRESS.—The Secretary shall submit to the authorizing 

committees the plan required by subsection (a) and any revisions of such plan. 

‘‘SEC. 864. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PROGRAM. 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized to establish an 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 major 

disaster or emergency. 

‘‘(b) USE OF ASSISTANCE.—The Secretary may, subject to the availability of appropriations, provide any assistance under the Education Disaster and Emergency Relief Loan program to institutions of higher education pursuant to this section only 

after the declaration of a major disaster or emergency by the President. Loan funds 

provided under this section may be used for— 

‘‘(1) direct and indirect construction, replacement, and renovation costs associated with or resulting from or preparing for a major disaster or emergency; 

‘‘(2) faculty salaries and incentives for retaining faculty; or 

‘‘(3) reimbursement for lost tuition and other revenues. 

‘‘(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 and 

the monetary amount of such losses; and 

‘‘(2) demonstrate that the institution attempted to minimize the cost of any 

losses by pursuing collateral source compensation from the Federal Emergency 

Management Agency and insurance coverage 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 and insurance 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 federally declared major disaster or emergency, 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.—In order to disburse loans under this 

section, the Secretary shall prescribe regulations that— 

‘‘(1) establish the loan program, taking into consideration the structure of existing capital financing loan programs under this Act; and 

‘‘(2) that set forth— 

‘‘(A) terms for the loan program under this section; 


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‘‘(B) procedures for an application for a loan under this section; and 

‘‘(C) minimum requirements for the loan program and for receiving a loan 

under this section, including the following: 

‘‘(i) Online forms to be used in submitting request for a loan under 

this section. 

‘‘(ii) Information to be included in such forms. 

‘‘(iii) Procedures to assist in filing and pursing a loan under this section. 

‘‘(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; 

‘‘(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. 2809). 

‘‘(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. 

‘‘(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. 

‘‘(h) EFFECTIVE DATE.—This section shall take effect on the date of the enactment 

of the College Opportunity and Affordability Act of 2007, and assistance provided 

to institutions of higher education pursuant to this section shall be available only 

with respect to federally declared major disasters or emergencies that occur after 

the date of the enactment of the College Opportunity and Affordability Act of 2007, 

except in the case of an institution affected by a Gulf hurricane disaster. 

‘‘SEC. 865. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY. 

‘‘Not later than 90 days after the date of enactment of the College Opportunity 

and Affordability Act of 2007, the Secretary shall 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 the Family Educational Rights and Privacy Act of 1974 shall not be liable to any person for that disclosure. 

‘‘PART J—RURAL DEVELOPMENT GRANTS FOR RURAL 

COLLEGES AND UNIVERSITIES 

‘‘SEC. 871. PURPOSE. 

‘‘The purposes of this part are— 

‘‘(1) to increase— 

‘‘(A) enrollment and graduation rates from 2-year and 4-year colleges, and 

articulation from 2-year degree programs into 4-year degree programs, of 

graduates of rural high schools; and 

‘‘(B) degree completion for nontraditional students from rural areas; and 

‘‘(2) to promote economic growth and development in rural America through 

partnership grants to consortia of rural colleges and universities and other entities, such as local education agencies, employers, education service agencies, 

and nonprofit organizations. 

‘‘SEC. 872. DEFINITIONS. 

‘‘For the purposes of this part: 


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‘‘(1) RURAL INSTITUTION OF HIGHER EDUCATION.—The term ‘rural 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 in which there is located a rural local educational agency. 

‘‘(3) RURAL LOCAL EDUCATION AGENCY.—The term ‘rural local education agency’ means a local educational agency (as such term is defined in section 9101 

of the Elementary and Secondary Education Act of 1965) all of the schools of 

which meet a metro-centric locale code of 41, 42, or 43 as determined by the 

National Center for Education Statistics (NCES), in conjunction with the Bureau of the Census, using the NCES system for classifying local educational 

agencies. 

‘‘(4) NONTRADITIONAL STUDENT.—The term ‘nontraditional student’ means an 

individual who— 

‘‘(A) delays enrollment in an institution of higher education by 3 or more 

years after completing high school; 

‘‘(B) attends an institution of higher education part-time or less than 

part-time; or 

‘‘(C) attends an institution of higher education and— 

‘‘(i) works full-time; 

‘‘(ii) is an independent student; 

‘‘(iii) has one or more dependents other than a spouse; 

‘‘(iv) is a single parent; or 

‘‘(v) does not have a high school diploma. 

‘‘(5) REGIONAL EMPLOYER.—The term ‘regional employer’ means employers 

qualifying as businesses or other entities employing individuals within a rural 

area. 

‘‘SEC. 873. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL GRADUATES. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated to carry out this part 

under section 800, the Secretary of Education is authorized to make grants in accordance with this section to partnerships formed between one or more rural institution of higher education and any of the following entities: 

‘‘(1) One or more rural local educational agencies. 

‘‘(2) One or more rural education service agencies. 

‘‘(3) One or more regional employers. 

‘‘(4) One or more nonprofit organizations with expertise in rural education. 

‘‘(b) ELIGIBLE PARTNERSHIPS; APPLICATIONS.—To be eligible for a grant under this 

section, a partnership that meets the requirements of subsection (a) shall submit 

to the Secretary an application in such form and containing such information as the 

Secretary shall prescribe. In determining which applications to approve for a grant 

under this section, the Secretary shall consider— 

‘‘(1) the percentage of graduates, attendees, or former attendees of high 

schools from rural local educational agencies enrolled or otherwise affiliated 

with the entity; 

‘‘(2) in the case of employers, the percentage of employees that are graduates 

of high schools in rural local educational agencies. 

‘‘(c) USE OF GRANT AMOUNTS.—Funds made available by a grant under this section to a partnership that meets the requirements of subsection (b) shall be used— 

‘‘(1) to improve enrollment rates for graduates and former attendees of rural 

high schools at rural institutions of higher education, including— 

‘‘(A) programs to provide information about college costs and financial aid 

options, assistance with college enrollment applications, and assistance 

with financial aid applications; 

‘‘(B) programs or initiatives that provide such graduates or former 

attendees of rural high schools access and exposure to campuses, classes, 

programs, and facilities of rural institutions of higher education, including 

covering the cost of transportation to and from institutions of higher education; 

‘‘(C) the formation of groups or other initiatives that create support 

groups of such students expressing interest in attending rural institutions 

of higher education; 

‘‘(D) extracurricular activities, such as internships, community service, 

and other activities for such individuals in advance of attending institutions 

of higher education; and 

‘‘(E) other initiatives that assist such individuals in applying and developing interest in attending rural institutions of higher education; and 

‘‘(2) to encourage participation of nontraditional students in degree programs 

at rural institutions of higher education, including— 


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‘‘(A) programs to provide information about college costs and financial aid 

options, assistance with college enrollment applications, and assistance 

with financial aid applications for institutions of higher education; 

‘‘(B) outreach to nontraditional students through community initiatives; 

and 

‘‘(C) formation of support groups for nontraditional students enrolling in 

2-year degree programs and articulating from 2-year degree programs to 4- 

year degree programs. 

‘‘SEC. 874. ECONOMIC DEVELOPMENT PARTNERSHIPS. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated to carry out this part 

under section 800, the Secretary of Education is authorized to make grants in accordance with this section to partnerships formed between one or more rural institutions of higher education and one or more regional employers. 

‘‘(b) ELIGIBLE PARTNERSHIPS; APPLICATIONS.—To be eligible for a grant under this 

section, a partnership that meets the requirements of subsection (a) shall submit 

to the Secretary an application in such form and containing such information as the 

Secretary shall prescribe. In determining which applications to approve for a grant 

under this section, the Secretary shall consider— 

‘‘(1) the potential of the employer to employ graduates of rural institutions of 

higher education after graduation; 

‘‘(2) the potential of the employer engaged in the partnership to spur economic 

development in the region; and 

‘‘(3) the relevance of the employer to the regional economy. 

‘‘(c) USE OF GRANT AMOUNTS.—Funds made available by a grant under this section to a partnership that meets the requirements of subsection (a) shall be used— 

‘‘(1) to provide additional career training to attendees of rural institutions of 

higher education in fields relevant to the regional economy; and 

‘‘(2) to encourage regional businesses to employ graduates of rural institutions 

of higher education. 

‘‘SEC. 875. QUALITY OF LIFE IN RURAL AREAS. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated to carry out this part 

under section 800, the Secretary of Education is authorized to make grants in accordance with this section to rural institutions of higher education. 

‘‘(b) USE OF GRANT AMOUNTS.—Funds made available by a grant under this section to a partnership that meets the requirements of subsection (a) shall be used 

to create or strengthen academic programs to prepare graduates to enter into highneed occupations in the regional and local economies. 

‘‘SEC. 876. ALLOCATION OF APPROPRIATIONS. 

‘‘(a) GRANT CONSIDERATIONS.—In making grant allocations under this part to 

qualifying institutions and partnerships, the Secretary shall consider— 

‘‘(1) the percentage of graduates of rural high schools attending rural institutions of higher education in proximity to the entity receiving the grant; 

‘‘(2) employment needs of regional employers in proximity to entities receiving 

the grant; and 

‘‘(3) the health of the regional economy of the region surrounding the entity 

receiving the grant. 

‘‘(b) MAXIMUM AND MINIMUM GRANTS.—No grant awarded by the Secretary under 

this part shall be less than $200,000 or more than $500,000. 

‘‘(c) GRANT DURATION.—A grant awarded under this part shall be awarded for one 

3-year period. 

‘‘PART K—IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION WITH A 

FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN 

STUDENTS 

‘‘SEC. 880. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS. 

‘‘(a) PURPOSE.—The purpose of this section is— 

‘‘(1) to develop or expand programs for the development of professionals in the 

fields of science, technology, engineering, and mathematics; and 

‘‘(2) to focus resources on meeting the educational and cultural needs of Alaska Natives and Native Hawaiians. 

‘‘(b) DEFINITIONS.—In this section: 


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‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the meaning given the 

term ‘Native’ in section 3(b) of the Alaska Natives Claims Settlement Act (43 

U.S.C. 1602(b)). 

‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means a partnership that includes— 

‘‘(A) 1 or more colleges or schools of engineering; 

‘‘(B) 1 or more colleges of science or mathematics; 

‘‘(C) 1 or more institutions of higher education that offer 2-year degrees; 

and 

‘‘(D) 1 or more private entities that— 

‘‘(i) conduct career awareness activities showcasing local technology 

professionals; 

‘‘(ii) encourage students to pursue education in science, technology, 

engineering, and mathematics from elementary school through college, 

and careers in those fields, with the assistance of local technology professionals; 

‘‘(iii) develop internships, apprenticeships, and mentoring programs 

in partnership with relevant industries; and 

‘‘(iv) assist with placement of interns and apprentices. 

‘‘(3) 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 part 

under section 800, the Secretary is authorized to award a grant to an eligible partnership to enable the eligible partnership to expand programs for the development 

of science, technology, engineering, or mathematics professionals, from elementary 

school through college, including existing programs for Alaska Native and Native 

Hawaiian students. 

‘‘(d) USES OF FUNDS.—Grant funds under this section shall be used for 1 or more 

of the following: 

‘‘(1) Development or implementation of cultural, social, or educational transition programs to assist students to transition into college life and academics in 

order to increase such students’ retention rates in the fields of science, technology, engineering, or mathematics, with a focus on Alaska Native or Native 

Hawaiian students. 

‘‘(2) Development or implementation of academic support or supplemental 

educational programs to increase the graduation rates of students in the fields 

of science, technology, engineering, or mathematics, with a focus on Alaska Native and Native Hawaiian students. 

‘‘(3) Development or implementation of internship programs, carried out in coordination with educational institutions and private entities, to prepare students for careers in the fields of science, technology, engineering, or mathematics, with a focus on programs that serve Alaska Native or Native Hawaiian 

students. 

‘‘(4) Such other activities as are consistent with the purposes of this section. 

‘‘(e) APPLICATION.—Each eligible partnership that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and 

containing such information as the Secretary may require. 

‘‘(f) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible partnership that provides 1 or more programs in which 30 percent or more of the program participants are Alaska Native or Native Hawaiian. 

‘‘(g) PERIOD OF GRANT.—A grant under this section shall be awarded for a period 

of 5 years. 

‘‘(h) EVALUATION AND REPORT.—Each eligible partnership that receives a grant 

under this section shall conduct an evaluation to determine the effectiveness of the 

programs funded under the grant and shall provide a report regarding the evaluation to the Secretary not later than 6 months after the end of the grant period. 

‘‘PART L—NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 

‘‘SEC. 881. NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS. 

‘‘(a) ESTABLISHMENT AND MAINTENANCE OF DATABASE.— 

‘‘(1) DATABASE.—The Secretary of Education shall establish and maintain, on 

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ance available from public and private sources for the study of science, technology, engineering, or mathematics at the postsecondary and post baccalaureate levels. 

‘‘(2) PRESENTATION OF INFORMATION.—The information maintained on the 

database established under this section shall be displayed on the website in the 

following manner: 

‘‘(A) Separate information shall be provided for each of the fields of study 

referred to in paragraph (1) and for postsecondary and post baccalaureate 

programs of financial assistance. 

‘‘(B) The database shall provide specific information on any programs of 

financial assistance which are targeted to individuals of a particular gender, ethnicity, or other demographic group. 

‘‘(C) If the sponsor of any program of financial assistance included on the 

database maintains a public website, the database shall provide hyperlinks 

to the website. 

‘‘(D) In addition to providing the hyperlink to the website of a sponsor 

of a program of financial assistance as required under subparagraph (C), 

the database shall provide general information that an interested person 

may use to contact the sponsor, including the sponsor’s electronic mail address. 

‘‘(E) The database shall have a search capability which permits an individual to search for information on the basis of each category of the information provided and on the basis of combinations of categories of the information provided, including whether the scholarship is need- or merit-based 

and by relevant academic majors. 

‘‘(F) The database shall include a recommendation that students and families should carefully review all of the application requirements prior to applying for aid, and a disclaimer that the scholarships presented in the database are not provided or endorsed by the Department of Education or the 

Federal Government. 

‘‘(b) DISSEMINATION OF INFORMATION ON DATABASE.—The Secretary shall take 

such actions as may be necessary on an ongoing basis, including sending notices to 

secondary schools and institutions of higher education, to disseminate information 

on the database established and maintained under this part and to encourage its 

use by interested parties. 

‘‘(c) USE OF VENDOR TO OBTAIN INFORMATION.—In carrying out this part, the Secretary of Education shall enter into a contract with a private entity under which 

the entity shall furnish and regularly update all of the information required to be 

maintained on the database established under this section. 

‘‘(d) ENCOURAGING THE PROVISION OF INFORMATION.—In carrying out this part, 

the Secretary of Education and the contracted entity shall consult with public and 

private sources of scholarships and make easily available a process for such entities 

to provide regular and updated information. 

‘‘PART M—TRAINING FOR REALTIME WRITERS 

‘‘SEC. 882. 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 part 

under section 800, the Secretary of Commerce shall make competitive grants to 

eligible entities under subsection (b) 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 part, an eligible entity is a court 

reporting program that— 

‘‘(A) can document and demonstrate to the Secretary of Commerce that 

it meets minimum standards of educational and financial accountability, 

with a curriculum capable of training realtime writers qualified to provide 

captioning services; 

‘‘(B) is accredited by an accrediting agency recognized by the Department 

of Education; 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 of Commerce 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 local 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 

2 years. 

‘‘(5) MAXIMUM AMOUNT OF GRANT.—The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 2-year period of the grant under paragraph (4). 

‘‘(b) APPLICATION.— ‘‘(1) IN GENERAL.—To receive a grant under subsection (a), an eligible entity 

shall submit an application to the Secretary of Commerce 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 under 

subsection (a) 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 workforce 

investment boards 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, of 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.— 

‘‘(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 curriculum to more effectively train 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 provide 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 all such purposes. 

‘‘(2) SCHOLARSHIPS.— 

‘‘(A) AMOUNT.—The amount of a scholarship under paragraph (1)(B) shall 

be based on the amount of need of the recipient of the scholarship 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 SecVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00169 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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retary of Commerce or the Secretary’s designee) for the amount of the 

scholarship received. 

‘‘(C) COURSEWORK AND EMPLOYMENT.—The Secretary of Commerce or the 

Secretary’s designee 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. Requirements 

for repayment of scholarship amounts shall take into account the effect of 

economic conditions on the capacity 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 5 percent of the grant amount to pay administrative costs 

associated with activities funded by the grant. The Secretary of Commerce shall 

use not more than 5 percent of the amount available for grants under this part 

in any fiscal year for administrative costs of the program. 

‘‘(4) SUPPLEMENT NOT SUPPLANT.—Grants amounts under this part shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of promoting the training and placement of individuals as 

realtime writers. 

‘‘(d) REPORTS.— 

‘‘(1) ANNUAL REPORTS.—Each eligible entity receiving a grant under subsection (a) shall submit to the Secretary of Commerce, at the end of each year 

of the grant period, a report on the activities of such entity with respect to the 

use of grant amounts during such year. 

‘‘(2) REPORT INFORMATION.— 

‘‘(A) IN GENERAL.—Each report of an entity for a year under paragraph 

(1) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of 

activities carried out using such funds in increasing the number of realtime 

writers. The assessment shall utilize the performance measures submitted 

by the entity in the application for the grant under subsection (b)(2). 

‘‘(B) FINAL REPORT.—The final report of an entity on a grant under paragraph (1) shall include a description of the best practices identified by the 

entity as a result of the grant for increasing the number of individuals who 

are trained, employed, and retained in employment as realtime writers. 

‘‘(3) ANNUAL REVIEW.—The Inspector General of the Department of Commerce 

shall conduct an annual review of the management, efficiency, and effectiveness 

of the grants made under this part. 

‘‘PART N—CENTERS OF EXCELLENCE FOR VETERAN 

STUDENT SUCCESS 

‘‘SEC. 883. 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 section 

800, 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 3 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 of 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 students 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 services, 

and any other office of the institution that provides support to veteran students on campus; 


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‘‘(C) providing a full-time or part-time 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 on-going 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 students living in institutional facilities and 

commuting students. 

‘‘(E) Cultural events, academic programs, orientation programs, and other 

activities designed to ease the transition to campus life for such 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 such students in achieving their 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 

‘‘(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. 

‘‘PART O—UNIVERSITY SUSTAINABILITY PROGRAMS 

‘‘Subpart 1—Sustainability Planning Grants 

‘‘SEC. 884. GRANTS AUTHORIZED. 

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) IN GENERAL.—From the amounts appropriated to carry out this part 

under section 800, the Secretary shall make grants to eligible entities to establish sustainability programs to design and implement sustainability practices, 

including in the areas of energy management, 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) may extend over a period of not more than 4 fiscal years. 


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‘‘(3) DEFINITION OF ELIGIBLE ENTITIES.—For purposes of this part, the term 

‘eligible entity’ means— 

‘‘(A) an institution of higher education that grants 2 or 4-year undergraduate degrees, or masters and doctoral degrees, or both; or 

‘‘(B) a non-profit consortia, 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 or shall develop 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 such section; 

‘‘(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 

in 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 

institutions of higher education that test, model, and analyze principles of 

sustainability. 

‘‘(B) To establish multidisciplinary education, research, and outreach programs at institutions 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, green 

building, waste management, purchasing, toxics management, transportation, and other aspects of sustainability. 

‘‘(E) To support student, faculty, and staff work at institutions of higher 

education to implement, research, and evaluate sustainable practices. 

‘‘(F) To establish sustainability literacy as a requirement for undergraduate and graduate degree programs. 

‘‘(G) To integrate sustainability curriculum 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 non-profit consortia, association, alliance, or collaboration 

operating as a 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. 

‘‘(C) To conduct efforts to engage external stakeholders such as business, 

alumni, and accrediting agencies in the process of building support for research, education, and technology development for sustainability. 

‘‘(D) To conduct professional development programs for faculty in all disciplines to enable faculty to incorporate sustainability content in their 

courses. 

‘‘(E) To enable an appropriate non-profit consortia, association, alliance, 

or collaboration operating in partnership with an institution of higher education 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. 


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‘‘(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. 

‘‘Subpart 2—Summit on Sustainability 

‘‘SEC. 885. SUMMIT ON SUSTAINABILITY. 

‘‘Not later than September 30, 2008, the Secretary of Education 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 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. 

‘‘PART P—MODELING AND SIMULATION PROGRAMS 

‘‘SEC. 886. 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 taskforce within the Department of Education to study modeling and simulation and to support the development of the modeling and simulation field. The activities of such taskforce shall include— 

‘‘(A) helping to define the study of modeling and simulation (including the 

content of modeling and simulation classes and programs); 

‘‘(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. 


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‘‘(2) TASKFORCE MEMBERSHIP.—The membership of the taskforce 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 Institute 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; 

and 

‘‘(E) national modeling and simulation organizations. 

‘‘(c) ENHANCING MODELING AND SIMULATION AT INSTITUTIONS OF HIGHER EDU- CATION.— 

‘‘(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 3-year period, and such grant period may be extended for 

not more than 2 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 nonFederal 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) 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 multi-disciplinary 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 compliment 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.— 


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‘‘(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 3-year period, and such grant period may be extended for 

not more than 2 years if the Secretary determines that an eligible institution 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 nonFederal 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 in 

to 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) purchasing equipment necessary for a modeling and simulation program. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to carry out this section $40,000,000 for fiscal year 2009 and such sums as may be 

necessary for each of the 4 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 

‘‘(B) 50 percent is authorized to carry out the grant program under subsection (d). 

‘‘PART Q—BUSINESS WORKFORCE PARTNERSHIPS 

‘‘SEC. 887. GRANTS TO CREATE BUSINESS WORKFORCE PARTNERSHIPS. 

‘‘(a) PURPOSE AND AUTHORIZATION.— 

‘‘(1) PURPOSE.—The purpose of this section is to provide grants to institutions 

of higher education partnering with employers to strengthen ties between college degree credit offerings and business and industry workforce needs, and expand opportunities for worksite learning. 

‘‘(2) AUTHORIZATION OF PROGRAM.—The Secretary shall award grants, on a 

competitive basis, to eligible partnerships for the purposes of creating business 

and industry workforce partnerships. 

‘‘(b) DEFINITION OF BUSINESS AND INDUSTRY WORKFORCE PARTNERSHIP.— 


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‘‘(1) IN GENERAL.—For purposes of this section, the term ‘business and industry workforce partnership’ means a partnership between an institution of higher 

education and— 

‘‘(A) an employer or group of employers, or a local board (as such term 

is defined in section 101 of the Workforce Investment Act of 1998), or both; 

and 

‘‘(B) labor organizations, where applicable, that represent workers locally 

in the businesses or industries that are the focus of the partnership, including as a result of such organization’s representation of employees at a worksite at which the partnership proposes to conduct activities under this section. 

‘‘(2) EXCEPTION.—In the case of a State that does not operate local boards, 

paragraph (1)(A) shall be applied by substituting ‘State board’ for ‘local board’. 

‘‘(c) APPLICATION.—A business and industry workforce 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. 

‘‘(d) PRIORITY FOR APPLICATIONS FOCUSED ON SERVING NONTRADITIONAL STUDENTS.—The Secretary shall give priority to applications focused on serving nontraditional students who are independent, as defined in section 480(d), do not already have a bachelor’s degree, and who have one or more of the following characteristics: 

‘‘(1) Are the first generation in their family to attend college. 

‘‘(2) Have delayed enrollment in college. 

‘‘(3) Have dependents. 

‘‘(e) PEER REVIEW.—The Secretary shall convene a peer review process, which 

shall include individuals knowledgeable about workforce education for working 

adults, to review applications for grants under this section, and make recommendations to the Secretary on the selection of grant recipients. 

‘‘(f) MANDATORY ACTIVITIES.—A partnership that receives a grant under this section shall use the grant funds to carry out all of the following activities: 

‘‘(1) Identify high demand occupations in the regional labor market which 

offer or can lead to high wages, in coordination with the State employment security agency funded under the Wagner-Peyser Act. 

‘‘(2) Develop linked career and educational pathways for those occupations 

and related ones, including, where appropriate, pathways involving registered 

apprenticeships. 

‘‘(3) Consult with employers offering jobs in occupations identified under paragraph (1) to determine workforce development needs. 

‘‘(4) Consult with labor organizations representing workers locally in the occupations identified in paragraph (1), where applicable. 

‘‘(5) Identify existing college degree credit offerings or create new degree credit offerings that prepare students to meet business and industry workforce 

needs, including offerings connected to registered apprenticeship programs. 

‘‘(g) PERMISSIBLE ACTIVITIES.—A partnership that receives a grant under this section may use the grant funds to carry out one or more of the following activities: 

‘‘(1) In consultation with faculty in the appropriate departments, adapt college 

offerings identified and created under subsection (f)(5) to the schedules and 

needs of working students, such as by creating evening, weekend, modular, compressed, or distance learning formats, enrolling students in learning communities, or other relevant innovations. 

‘‘(2) Create bridge programs that prepare students with lower skills or limited 

English proficiency to enter the college offerings identified or created under subsection (f)(5). 

‘‘(3) Expand worksite learning opportunities. 

‘‘(4) Other activities that the institution and the Secretary deem appropriate 

to carry out the purposes of this program. 

‘‘(h) GRANT PERIOD.—Grants made under this section shall be for a period of at 

least 36 months and not more than 60 months. 

‘‘(i) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to 

grantees under this section throughout the grant period. 

‘‘(j) EVALUATION.—The Secretary shall conduct an evaluation of the effectiveness 

of the program under this section and disseminate the findings of such evaluation, 

as well as information on promising practices developed under this section. 

‘‘(k) REPORT TO CONGRESS.—Not less than 36 months after the first grant is 

awarded under this section, the Secretary, jointly with the Secretary of Labor, shall 

report to Congress on: 

‘‘(1) Changes to the Higher Education Act and related Acts, such as the Perkins Vocational and Technical Education Act and the Workforce Investment Act 


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(both Title I and Title II), that would help create and sustain business and industry workforce partnerships at colleges. 

‘‘(2) Other changes to the Higher Education Act and related Acts, such as the 

Perkins Vocational and Technical Education Act and the Workforce Investment 

Act, that would more generally strengthen the links between business and industry workforce needs, workforce development programs, and other college degree credit offerings.’’. 

SEC. 802. SENSE OF THE CONGRESS; REPORT. 

(a) SENSE OF CONGRESS.—It is the sense of the Congress that— 

(1) in order to provide the borrowers of Federal student loans with the option 

of converting their loans to income contingent repayment by providing direct 

loans for the discharge of such loans (in this section referred to as ‘‘direct IDEA 

loans’’), the Secretary of Education and the Secretary of the Treasury will work 

together to develop a process by which the borrower will make payments on 

such loan using the income tax withholding system and will make appropriate 

adjustments to his or her withholding or estimated tax payments for such purposes; 

(2) the Secretaries should determine— 

(A) whether such a repayment option would be beneficial to borrowers 

and taxpayers; and 

(B) how such program would be implemented by the Departments of Education and Treasury; and 

(3) this process would— 

(A) streamline the repayment process and provide greater flexibility for 

borrowers electing to use the direct IDEA loan; 

(B) significantly reduce the number of loan defaults by borrowers; and 

(C) significantly reduce the redundancy in reporting information pertaining to income contingent repayment to the Department of Education, 

institutions, and applicants. 

(b) REPORT.—The Secretaries of Education and the Treasury shall, within one 

year after the date of enactment of this Act— 

(1) provide the Congress with information on the progress in devising the direct IDEA loan with income contingent repayment using the income tax withholding system; 

(2) inform the Congress of any necessary statutory changes for the purpose 

of establishing a direct IDEA loan with income contingent repayment using the 

income tax withholding system; and 

(3) consider international programs demonstrating implementation of income 

contingent repayment collected through revenue services, such as programs in 

England, Australia, and New Zealand. 

SEC. 803. INDEPENDENT EVALUATION OF DISTANCE EDUCATION PROGRAMS. 

(a) INDEPENDENT EVALUATION.—The Secretary of Education shall enter into an 

agreement with the National Academy of Sciences to conduct a scientifically correct 

and 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, 

as compared to campus-based education, can be assessed, including elements 

such as subject matter, interactivity, and student outcomes; 

(2) identification of distance and campus-based education program success, 

with respect to student achievement, in relation to the mission of the institution 

of higher education; and 

(3) identification of the types of students (including classification of types of 

students based on student age) who most benefit from distance education programs, the types of students who most benefit from campus-based education 

programs, and the types of students who do not benefit from distance education 

programs, by assessing elements including access to higher education, job placement rates, undergraduate graduation rates, and graduate and professional degree attainment rates. 

(b) SCOPE.—The National Academy of Sciences 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 agreement under subsection (a) shall require that the National Academy of Sciences submit to the authorizing committees 

(as such term is defined in section 103 of the Higher Education Act of 1965 (20 

U.S.C. 1003)— 

(1) an interim report regarding the evaluation under subsection (a) not later 

than December 31, 2008; and 


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(2) a final report regarding such evaluation not later than December 31, 2010. 

SEC. 804. ENCOURAGING COLLEGES AND UNIVERSITIES TO ‘‘GO GREEN’’. 

(a) FINDINGS.—The Committee on Education and Labor of the House of Representatives makes the following findings: 

(1) A commitment to and academic programs for environmental and economic 

sustainability are essential for our Nation’s future prosperity. 

(2) The more than 4,200 higher education institutions in the United States 

have the capacity to innovatively leverage spending and change consumption 

patterns by incorporating concepts of sustainability into their academic programs and by modeling sustainable economic and environmental practices for 

their communities. 

(3) Many colleges and universities have interdisciplinary programs or centers 

focusing on equipping students with the academic content knowledge needed to 

understand concepts of sustainability and ‘‘going green’’. 

(4) Many colleges and universities have programs related to the research of 

sustainability and sustainable systems. 

(5) Academic programs related to sustainability vary in rigor because no national education content standards for academic sustainability programs currently exist. 

(6) Colleges and universities may partner with businesses to encourage students and faculty to translate academic learning and research into practical solutions that promote sustainability. 

(7) Colleges and universities that make an effort to reduce energy consumption and promote environmental sustainability not only reduce their own emissions, but also motivate the leaders of the next generation to action and create 

technical skills and resources to develop innovative solutions. 

(8) Many colleges and universities have undertaken detailed, campus-wide assessments of their progress toward ‘‘going green’’ and sustainability or have 

measured their progress in specific sectors, such as operations, or specific parameters, such as recycling, energy, and water consumption. 

(9) No system that evaluates and compares college and university campuses 

in terms of overall sustainability-related academic programs and practices currently exists. 

(b) SENSE OF THE COMMITTEE ON EDUCATION AND LABOR.—It is the sense of the 

Committee on Education and Labor that in order to encourage increased public 

awareness of the need to ‘‘go green’’ by using sustainable economic and environmental practices and rigorous sustainability academic programs on college and university campuses, the following should be encouraged: 

(1) The development of educational standards by institutions of higher education to determine the necessary rigor and effectiveness of academic sustainability programs. 

(2) Public awareness of the need for ‘‘going green’’ by using sustainable economic and environmental practices. 

(3) Non-governmental efforts to improve economic and environmental sustainability efforts on college and university campuses, including holding national 

summits to share best practices. 

(4) Collaborative partnerships between Federal agencies, businesses, universities and communities to broaden sustainability practices. 

SEC. 805. STUDY OF COSTS OF ENVIRONMENTAL, HEALTH, AND SAFETY STANDARDS. 

(a) STUDY.—The Secretary of Education shall commission the National Research 

Council to conduct a national study to determine the viability of developing and implementing standards in environmental, health, and safety areas to provide for differential regulation of industrial laboratories and facilities, on the one hand, and research and teaching laboratories on the other. The National Research Council shall 

make specific recommendations for statutory and regulatory changes that are needed to develop such a differential approach. 

(b) REPORT.—The Secretary of Education shall submit the list of those regulations 

that impose the greatest compliance costs on institutions of higher education and 

make recommendations for statutory changes to ease the compliance burden to the 

authorizing committees (as such term is defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). 

SEC. 806. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT. 

(a) STUDY REQUIRED.—The Secretary of Education shall— 

(1) commission and ensure the conduct of 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 in accordance with the following: 


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(A) the data comprising the study shall focus primarily on African American and Hispanic American males and will 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; 

and 

(C) the implementation of the study shall be in four stages based on the 

recommendations of the Commissioner of Education Statistics; and 

(2) make specific recommendations to the Congress and State superintendents 

of education 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 4 years after the date of enactment of this section, the Secretary 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 (as such term is defined in section 103 of the Higher 

Education Act of 1965 (20 U.S.C. 1003)). 

SEC. 807. STUDY ON BIAS IN STANDARDIZED TESTS. 

(a) STUDY.—The Comptroller General shall conduct a study to identify any race, 

ethnicity, and gender biases present in the design of standardized tests that are 

used for admission to institutions of higher education. 

(b) DATA AVAILABLE TO THE PUBLIC.—Any data collected and used for the study 

under subsection (a) shall be made publicly available, except that such data shall 

not be made available in any manner that reveals personally identifiable information relating to any individual. 

(c) REPORT.—Not later than one year after date of the enactment of this Act, the 

Comptroller General shall issue an interim report to the authorizing committees (as 

defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) related 

to the progress of the study under subsection (a). 

SEC. 808. FEASIBILITY STUDY ON STUDENT LOANS. 

(a) STUDY REQUIRED.—The Congressional Budget Office shall conduct a study on 

the feasibility of allowing borrowers in repayment of student loans made under the 

Higher Education Act of 1965 the option of selecting or renegotiating a fixed or variable interest rate on their loans and the repayment period of such loans. The study 

shall evaluate various scenarios and options and take into consideration the costs 

to the government, lenders and borrowers of allowing such an option as well as the 

impact on service quality. 

(b) REPORT.—The Congressional Budget Office shall submit a report on the study 

required by this section to the authorizing committees (as defined in section 103 of 

the Higher Education Act of 1965 (20 U.S.C. 1003)) not later than one year after 

the date of the enactment of this Act. 

SEC. 809. ENDOWMENT REPORT. 

(a) ANALYSIS OF ENDOWMENTS.—The Secretary of Education 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 institution) describing— 

(1) the average and range of— 

(A) the outstanding balance of such endowments; 

(B) the growth of such endowments over the last 10 years; and 

(C) the percentage of spending on an annual basis and, to the extent 

practicable, the uses of such endowments by the institutions; and 

(2) the extent to which the funds in such endowments are restricted, and the 

restrictions placed upon such funds. 

(b) SUBMISSION OF REPORT.—The Secretary shall submit the report required by 

subsection (a) to the authorizing committees (as such term is defined in section 103 

of the Higher Education Act of 1965 (20 U.S.C. 1003)) not later than one year after 

the date of enactment of this Act. 

SEC. 810. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION. 

(a) STUDY REQUIRED.—The Secretary of Education 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; 


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(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 Congress 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 3 years after the date of enactment 

of this Act, the Secretary shall submit an interim report on the progress of the study 

required by subsection (a)(1) to the authorizing committees (as defined in section 

103 of the Higher Education Act of 1965 (20 U.S.C. 1003)). Not later than 7 years 

after the date of enactment of this Act, the Secretary shall submit a final report, 

together with the recommendations required by subsection (a)(3), to the authorizing 

committees. 

SEC. 811. NATIONAL UNDERGRADUATE FELLOWS PROGRAM. 

(a) PROGRAM AUTHORIZED.—The Secretary is authorized to provide grants, on a 

competitive basis, to institutions of higher education (as defined in section 102) to 

support a National Undergraduate Fellows program. 

(b) PURPOSE OF GRANTS.—Grants under this section shall be provided to enable 

administrators (including student affairs administrators)— 

(1) to improve postsecondary degree completion rates of current underrepresented students through mentoring, a leadership institute, an internship, and 

funding to attend regional and national higher education administration conferences; 

(2) to increase the retention and success rates of not only current students, 

but future generations of underrepresented college students, by encouraging 

them to pursue a career in higher education or student affairs; and 

(3) to increase the quality and number of underrepresented higher education 

and student affairs administrators able to provide much needed student support 

services to students. 

(c) USES OF FUNDS.—Grantees under this section may use the funds to provide— 

(1) staffing support for the program, which may include a higher education 

administrator as a mentor; 

(2) summer internship opportunities focusing on higher education administration, at an institution other than their own; 

(3) a summer leadership institute participation opportunity for self reflection, 

leadership skill building, graduate school preparation, and career development; 

and 

(4) as needed, support to attend regional and national higher education conferences for additional leadership and professional development. 

(d) ON-GOING SUPPORT FOR THE FELLOWS PROGRAM.—From the funds appropriated in section 800 of the Higher Education Act of 1965, the Secretary shall 

award a grant, on a competitive basis, to a national organization to enable such organization to support the establishment and ongoing work of the program under 

this section. 

SEC. 812. NATIONAL CENTER FOR LEARNING SCIENCE AND TECHNOLOGY TRUST FUND. 

(a) ESTABLISHMENT.—There is established a nonprofit corporation to be known as 

the National Center for Learning Science and Technology (referred to in this Act 

as the ‘‘Center’’) which shall not be an agency or establishment of the United States 

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 (D.C. Code, section 29–501 et seq.). 

(b) FUNDING.— 

(1) IN GENERAL.—There is established in the Treasury a separate fund to be 

known as the National Center for Learning Science and Technology Trust Fund 

(referred to in this Act as the ‘‘Trust Fund’’). The Trust Fund shall contain such 

amounts as are credited to the Trust Fund under paragraph (2) and other funds 

obtained under paragraph (3). 


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(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Trust Fund such sums as may be necessary for the fiscal years 

2008 and each of the 4 succeeding fiscal years. 

(3) ADDITIONAL FUNDS.—The Trust Fund is authorized— 

(A) to accept funds from any Federal agency or entity; 

(B) to accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Center; and 

(C) to enter into contracts with individuals, public or private organizations, professional societies, and government agencies for the purpose of 

carrying out the functions of the Center. 

(c) BOARD OF DIRECTORS; FUNCTIONS, AND DUTIES.— 

(1) IN GENERAL.—A board of directors of the Center (referred to in this Act 

as the ‘‘Board’’) shall be established to oversee the administration of the Center. 

Such Board shall consist of 9 members to be appointed by the Secretary of Education, who— 

(A) reflect representation from the public and private sectors; and 

(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. 

(2) 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. 

(d) TRUST FUND USES.— 

(1) USES OF FUNDS.—To achieve the objectives of this Act, the Director of the 

Center, after consultation with the Board, may use Trust funds— 

(A) to support basic and applied research development and demonstrations of innovative learning and assessment systems as well as the components and tools needed to create them; 

(B) to support the testing and evaluation of these systems; and 

(C) to encourage the widespread adoption and use of effective approaches 

to learning. 

(2) CONTRACTS AND GRANTS.— 

(A) IN GENERAL.—In order to carry out the activities described in paragraph (1), the Director of the Center, with the agreement of a majority of 

the members of the Board, may award contracts and grants to colleges and 

universities, museums, libraries, public broadcasting entities and similar 

nonprofit organizations and public institutions (with or without private 

partners). 

(B) PUBLIC DOMAIN.— 

(i) IN GENERAL.—The research and development properties and materials associated with a project in which a majority of the funding used 

to carry out the project is from a grant or contract under this Act shall 

be freely and nonexclusively available to the general public in a timely 

manner. 

(ii) EXEMPTION.—The Director of the Center may exempt specific 

projects from the requirement of clause (i) if the Director of the Center 

and a majority of the members of the Board 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. 

(C) PEER REVIEW.—To the extent practicable, 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 of the Center from recommendations from the fields 

served and from the Board of Directors. 

(e) ACCOUNTABILITY AND REPORTING.— 

(1) REPORT.— 

(A) IN GENERAL.—Not later than April 30 of each year, the Director of the 

Center shall prepare a report for the preceding fiscal year that contains the 

information described in subparagraph (B). 

(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 of the Center determines appropriate; 

(ii) a comprehensive and detailed inventory of funds distributed from 

the Trust Fund during the fiscal year for which the report is being prepared; and 


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(iii) an independent audit of the Trust Fund’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 5-year period for expenditures from the Trust Fund; and 

(ii) an estimate of the funds that will be available for such expenditures from the Trust Fund. 

(D) SUBMISSION TO THE PRESIDENT AND CONGRESS.—A report under this 

subsection shall be submitted to the President and the authorizing committees (as such term is defined in section 103 of the Higher Education Act 

of 1965 (20 U.S.C. 1003)). 

(2) TESTIMONY.—The Director and principal officers of the Center shall testify 

before the appropriate committees of Congress, upon request of such committees, with respect to— 

(A) a report prepared under paragraph (1)(A); and 

(B) any other matter that such committees may determine appropriate. 

(f) USE OF FUNDS SUBJECT TO APPROPRIATIONS.—The authority to award grants, 

enter into contracts, or otherwise to expend funds under this section is subject to 

the availability of amounts deposited into the Trust Fund under subsection (b)(3)(A) 

or (B), or amounts otherwise appropriated for such purposes by an Act of Congress. 

SEC. 813. GAO STUDY OF EDUCATION RELATED INDEBTEDNESS OF MEDICAL SCHOOL GRADUATES. 

(a) STUDY REQUIRED.—The Comptroller General shall conduct a study to evaluate 

the higher education related indebtedness of medical school graduates in the United 

States at the time of graduation. 

(b) DEADLINE.—Not later than 1 year after the date of enactment of this Act, the 

Comptroller General shall submit a report on the study required by subsection (a) 

to the authorizing Committees (as such term is defined in section 103 of the Higher 

Education Act of 1965), and shall make the report widely available to the public. 

Additional reports may be periodically prepared and released as necessary. 

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), by striking ‘‘elementary and secondary education 

programs’’ and inserting ‘‘Clerc Center’’; 

(C) in paragraph (4)(C)— 

(i) in clause (i), by striking ‘‘(6)’’ and inserting ‘‘(8)’’; and 

(ii) 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)(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; or 

‘‘(II) develop such standards and assessments subject to the approval of the 

Secretary; and 

‘‘(ii) implement such standards and assessments for such programs by not 

later than the beginning of the 2009–2010 academic year; 


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‘‘(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— 

‘‘(i) the State that has adopted and implemented the standards and assessments selected under subparagraph (A)(i)(I); or 

‘‘(ii) the University, if the University develops standards and assessments 

in accordance with subparagraph (A)(i)(II); 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)— 

(A) in paragraph (1)— 

(i) in the first sentence— 

(I) by striking ‘‘an institution of higher education’’ and inserting 

‘‘the Rochester Institute of Technology, Rochester, New York’’; and 

(II) by striking ‘‘of a’’ and inserting ‘‘of the’’; and 

(ii) by striking the second sentence; 

(B) by redesignating paragraph (2) as paragraph (3); and 

(C) by inserting after paragraph (1) the following: 

‘‘(2) If, pursuant to the agreement established under paragraph (1), either the Secretary or the Rochester Institute of Technology terminates the agreement, the Secretary shall consider proposals from other institutions of higher education and enter 

into an agreement with one of those institutions for the establishment and operation 

of a National Technical Institute for the Deaf.’’; 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 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 

(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. 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. 905. REPORTS. 

Section 204 of the Education of the Deaf Act of 1986 (20 U.S.C. 4354) is amended— 


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(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 1 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 the period and inserting ‘‘of NTID programs and activities.’’. 

SEC. 906. MONITORING, EVALUATION, AND REPORTING. 

Section 205 of the Education of the Deaf Act of 1986 (20 U.S.C. 4355) is amended— 

(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 2008 through 2013’’. 

SEC. 907. 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. 908. 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’’ each place it appears and inserting ‘‘fiscal years 2008 through 2013’’. 

SEC. 909. 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. 910. 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 NTID or the University and who are residing outside of the United States shall— 

‘‘(A) not be counted as international students for purposes of the cap on 

international students under paragraph (1), except that in any school year 

no United States citizen who applies to participate in distance learning 

courses that are at the University or NTID shall be denied participation in 

such courses because of the participation of an international student in 

such courses; and 

‘‘(B) not be charged a tuition surcharge, as described in subsection (b).’’; 

and 

(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 

2008–2009 and any succeeding academic year, a surcharge of— 

‘‘(1) 100 percent for a postsecondary international student from a non-developing country; and 

‘‘(2) 50 percent for a postsecondary international student from a developing 

country. 

‘‘(c) REDUCTION OF SURCHARGE.— 

‘‘(1) IN GENERAL.—Beginning with the academic year 2008–2009, the University or NTID may reduce the surcharge— 


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‘‘(A) under subsection (b)(1) from 100 percent to not less than 50 percent 

if— 

‘‘(i) a student described under subsection (b)(1) demonstrates need; 

and 

‘‘(ii) such student has made a good-faith effort to secure aid through 

such student’s government or other sources; and 

‘‘(B) under subsection (b)(2) from 50 percent to not less than 25 percent 

if— 

‘‘(i) a student described under subsection (b)(2) demonstrates need; 

and 

‘‘(ii) such student has made a good faith effort to secure aid through 

such student’s government or other sources. 

‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The University and NTID shall develop a sliding scale model that— 

‘‘(A) will be used to determine the amount of a tuition surcharge reduction pursuant to paragraph (1); and 

‘‘(B) shall be approved by the Secretary. 

‘‘(d) DEFINITION.—In this section, the term ‘developing country’ means a country with a per-capita income of not more than $4,825, measured in 1999 United States 

dollars, as adjusted by the Secretary to reflect inflation since 1999.’’. 

SEC. 911. 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. 912. 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 commission 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 it 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 

College Opportunity and Affordability Act of 2007’’; 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 2008 and 2009’’. 

SEC. 913. 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 2008 through 2013’’; and 

(2) in subsection (b), by striking ‘‘fiscal years 1998 through 2003’’ and inserting ‘‘fiscal years 2008 through 2013’’. 

PART B—INDIAN EDUCATION 

Subpart 1—Tribal Colleges and Universities 

SEC. 921. 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’’. 


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(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— 

(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) DETERMINATION OF CREDITS.—Eligible credits earned in a continuing education program— 

‘‘(A) shall be determined as 1 credit for every 10 contact hours in the case 

of an institution on a quarter system, or 15 contact hours in the case of 

an institution on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by 

the International Association for Continuing Education and Training; and 

‘‘(B) shall be limited to 10 percent of the Indian student count of a tribally controlled college or university.’’; 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; 

(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 


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(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 ‘‘2008’’; 

(2) in paragraphs (1), (2), and (3), by striking ‘‘4 succeeding’’ and inserting ‘‘5 

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 ‘‘5 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 ‘‘2008’’; and 

(2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 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 2008’’; and 

(2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 succeeding’’. 

(j) TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS.— 

(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 

2008 and each fiscal year thereafter, the Secretary shall— 

‘‘(1) subject to subsection (b), select 2 tribally controlled postsecondary career 

and technical institutions to receive assistance under this title; and 

‘‘(2) provide funding to the selected tribally controlled postsecondary career 

and technical institutions to pay the costs (including institutional support costs) 

of operating postsecondary career and technical education programs for Indian 

students at the tribally controlled postsecondary career and technical institutions. 

‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.— 

‘‘(1) REQUIREMENT.—For each fiscal year during which the Secretary determines that a tribally controlled postsecondary career and technical institution 

described in paragraph (2) meets the definition referred to in section 501, the 

Secretary shall select that tribally controlled postsecondary career and technical 

institution under subsection (a)(1) to receive funding under this section. 

‘‘(2) INSTITUTIONS.—The 2 tribally controlled postsecondary career and technical institutions referred to in paragraph (1) are— 

‘‘(A) the United Tribes Technical College; and 

‘‘(B) the Navajo Technical College. 

‘‘(c) METHOD OF PAYMENT.—For each applicable fiscal year, the Secretary shall 

provide funding under this section to each tribally controlled postsecondary career 


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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— 

‘‘(A) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2006; or 

‘‘(B) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2008. 

‘‘(2) EXCESS AMOUNTS.—If, for any fiscal year, the amount made available 

pursuant to section 504 exceeds the sum of the amounts required to be distributed under paragraph (1) to the tribally controlled postsecondary career and 

technical institutions selected for the fiscal year under subsection (a)(1), the 

Secretary shall distribute to each tribally controlled postsecondary career and 

technical institution selected for that fiscal year a portion of the excess amount, 

to be determined by— 

‘‘(A) dividing the excess amount by the aggregate Indian student count 

(as defined in section 117(h) of the Carl D. Perkins Career and Technical 

Education Act of 2006 (20 U.S.C. 2327(h))) of such institutions for the prior 

academic year; and 

‘‘(B) multiplying the quotient described in subparagraph (A) by the Indian 

student count of each such institution for the prior academic year. 

‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 

‘‘(a) IN GENERAL.—Paragraphs (4) and (7) of subsection (a), and subsection (b), of 

section 2, sections 105, 108, 111, 112 and 113, and titles II, III, and IV shall not 

apply to this title. 

‘‘(b) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE.—Funds made 

available pursuant to this title shall be subject to the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450 et seq.). 

‘‘(c) ELECTION TO RECEIVE.—A tribally controlled postsecondary career and technical institution selected for a fiscal year under section 502(b) may elect to receive 

funds pursuant to section 502 in accordance with an agreement between the tribally 

controlled postsecondary career and technical institution and the Secretary under 

the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 

if the agreement is in existence on the date of enactment of the College Opportunity 

and Affordability Act of 2007. 

‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt of, assistance under this title 

shall not preclude the eligibility of a tribally controlled postsecondary career and 

technical institutions to receive Federal financial assistance under— 

‘‘(1) any program under the Higher Education Act of 1965 (20 U.S.C. 1001 et 

seq.); 

‘‘(2) any program under the Carl D. Perkins Career and Technical Education 

Act of 2006; or 

‘‘(3) any other applicable program under which a benefit is provided for— 

‘‘(A) institutions of higher education; 

‘‘(B) community colleges; or 

‘‘(C) postsecondary educational institutions. 

‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated such sums as are necessary for fiscal 

year 2008 and each fiscal year thereafter to carry out this title.’’. 

(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 College or University Assistance Act of 

1978 (25 U.S.C. 1802 et seq.); or 

‘‘(2) the Navajo Community College Act (25 U.S.C. 640a et seq.).’’; 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 College or University AssistVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00188 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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ance Act (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) REFERENCES.—Any reference in law (including regulations) to the Tribally 

Controlled College or University Assistance Act of 1978 shall be considered to 

be a reference to the ‘‘Tribally Controlled Colleges and Universities Assistance 

Act of 1978’’. 

Subpart 2—Navajo Higher Education 

SEC. 931. 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 that follows through 

the end of the paragraph and inserting ‘‘such sums as are necessary for fiscal years 2008 through 2013.’’; 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 2008 

through 2013 to pay the cost of—’’; 

(B) in subparagraph (A)— 


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(i) by striking ‘‘college’’ and inserting ‘‘College’’; 

(ii) in clauses (i) and (iii), by striking the commas at the end 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’’. 

PART C—HIGHER EDUCATION AMENDMENTS OF 1998; 

HIGHER EDUCATION AMENDMENTS OF 1992 

SEC. 941. GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS. 

Part D of title VIII of the Higher Education Amendments of 1998 (20 U.S.C. 1151) 

is amended to read as follows: 

‘‘PART D—GRANTS FOR TRAINING FOR INCARCERATED 

INDIVIDUALS 

‘‘SEC. 821. GRANTS FOR IMPROVED WORKPLACE AND COMMUNITY TRANSITION TRAINING 

FOR INCARCERATED INDIVIDUALS. 

‘‘(a) DEFINITION.—In this section: 

‘‘(1) INCARCERATED INDIVIDUAL.—The term ‘incarcerated individual’ means a 

male or female offender who is incarcerated in a State or Federal prison, including a prerelease facility. 

‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Education. 

‘‘(b) GRANT PROGRAM.—The Secretary— 

‘‘(1) shall establish a program in accordance with this section to provide 

grants to the State correctional education agencies in the States, and to the 

Federal Bureau of Prisons, to assist and encourage incarcerated individuals to 

acquire educational and job skills, through— 

‘‘(A) coursework to prepare students to take college-level courses, such as 

remedial math and English for postsecondary preparation; 

‘‘(B) the pursuit of a postsecondary education certificate, or an associate 

or bachelor’s degree, provided by a regionally or nationally accredited body 

while in prison; and 

‘‘(C) employment counseling and other related services which start during 

incarceration and end not later than 1 year after release from confinement; 

and 

‘‘(2) may establish such performance objectives and reporting requirements for 

State correctional education agencies and the Federal Bureau of Prisons receiving grants under this section as the Secretary determines are necessary to assess the effectiveness of the program under this section. 


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‘‘(c) APPLICATION.—To be eligible for a grant under this section, a State correctional education agency or the Federal Bureau of Prisons 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 vocational training; 

‘‘(2) lists the accredited public or private educational institution or institutions with campuses established outside the prison facility that will provide 

postsecondary preparatory or 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 or the Federal 

Bureau of Prisons will use in carrying out its proposal, including— 

‘‘(A) specific and quantified student outcome measures that are referenced 

to outcomes for non-program participants with similar demographic characteristics; and 

‘‘(B) measures, consistent with the data elements and definitions described in subsection (d)(1)(A), of— 

‘‘(i) program completion, including an explicit definition of what constitutes a program completion within the proposal; 

‘‘(ii) knowledge and skill attainment, including specification of instruments that will measure knowledge and skill attainment; 

‘‘(iii) attainment of employment both prior to and subsequent to release; 

‘‘(iv) success in employment indicated by job retention and advancement; and 

‘‘(v) recidivism, including such subindicators as time before subsequent offense and severity of offense; 

‘‘(5) describes how the proposed programs are to be integrated with existing 

State and Federal correctional education programs (such as adult education, 

graduate education degree programs, and vocational training) and State and 

Federal prison industry programs; and 

‘‘(6) describes how the proposed programs will have considered or will utilize 

technology to deliver the services under this section. 

‘‘(d) PROGRAM REQUIREMENTS.—Each State correctional education agency and 

Federal Bureau of Prisons entity receiving a grant under this section shall— 

‘‘(1) annually report to the Secretary regarding— 

‘‘(A) the results of the evaluations conducted using data elements and 

definitions provided by the Secretary for the use of State correctional education programs and the Federal Bureau of Prisons; 

‘‘(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; and 

‘‘(D) how the funds provided under this section are being allocated among 

postsecondary preparatory education, postsecondary academic, and vocational education programs; and 

‘‘(2) provide to each State and the Federal Bureau of Prisons 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) EDUCATION DELIVERY SYSTEMS.—State correctional education agencies, the 

Federal Bureau of Prisons, and cooperating institutions shall, to the extent practicable, use high-tech applications in developing programs to meet the requirements 

and goals of this section. 

‘‘(f) LENGTH OF PARTICIPATION.—Services carried out with a grant under this section shall be available to incarcerated individuals as follows: 

‘‘(1) Educational services shall start during the period of incarceration or 

prerelease and shall end upon release. 

‘‘(2) Related services shall start during the period of incarceration or 

prerelease and may continue for not more than one year after release. 

‘‘(g) FEDERAL BUREAU OF PRISONS GRANT ELIGIBILITY.—Notwithstanding any 

other provision of law, the Federal Bureau of Prisons shall be eligible to apply for 

and receive a grant under this section, provided that the Federal Bureau of Prisons 

meets the application and program requirements under this section. 


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‘‘(h) ALLOCATION OF FUNDS.— 

‘‘(1) STATES.—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 ratio to such funds as the total number of incarcerated individuals in such 

State bears to the total number of such incarcerated individuals in all States. 

‘‘(2) FEDERAL BUREAU OF PRISONS FACILITIES.—From the funds appropriated 

pursuant to subsection (h) for each fiscal year, the Secretary shall allot to each 

Federal Bureau of Prisons facility an amount that bears the same ratio to such 

funds as the total number of inmates in such facility bears to the total number 

of inmates in all Bureau of Prisons facilities. 

‘‘(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 4 succeeding fiscal years.’’. 

SEC. 942. UNDERGROUND RAILROAD. 

Section 841(c) of the Higher Education Amendments of 1998 (20 U.S.C. 1153(c)) 

is amended by striking ‘‘this section’’ and all that follows through the period at the 

end and inserting ‘‘this section $3,000,000 for fiscal years 2009 and the 4 succeeding 

fiscal years.’’. 

SEC. 943. REPEALS OF EXPIRED AND EXECUTED PROVISIONS. 

The following provisions of the Higher Education Amendments of 1998 are repealed: 

(1) STUDY OF MARKET MECHANISMS IN FEDERAL STUDENT LOAN PROGRAMS.— 

Section 801 (20 U.S.C. 1018 note). 

(2) STUDY OF FEASIBILITY OF ALTERNATE FINANCIAL INSTRUMENTS FOR DETERMINING LENDER YIELDS.—Section 802. 

(3) STUDENT RELATED DEBT STUDY.—Section 803 (20 U.S.C. 1015 note). 

(4) COMMUNITY SCHOLARSHIP MOBILIZATION.—Part C of title VIII (20 U.S.C. 

1070 note). 

(5) IMPROVING UNITED STATES UNDERSTANDING OF SCIENCE, ENGINEERING, AND

TECHNOLOGY IN EAST ASIA.—Part F of title VIII (42 U.S.C. 1862 note). 

(6) WEB-BASED EDUCATION COMMISSION.—Part J of title VIII. 

SEC. 944. OLYMPIC SCHOLARSHIPS. 

Section 1543(d) of the Higher Education Amendments of 1992 (20 U.S.C. 1070 

note) is amended by striking ‘‘1999’’ and inserting ‘‘2009’’. 

SEC. 945. ESTABLISHMENT OF ASSISTANT SECRETARY FOR INTERNATIONAL AND FOREIGN 

LANGUAGE EDUCATION. 

(a) IN GENERAL.—Section 202 of the Department of Education Organization Act 

(20 U.S.C. 3412) is amended in subsection (b)(1)— 

(1) in subparagraph (E) by striking ‘‘and’’ at the end; 

(2) by redesignating subparagraph (F) as subparagraph (G); and 

(3) by inserting after subparagraph (E) the following: 

‘‘(F) an Assistant Secretary for International and Foreign Language Education; and’’. 

(b) FUNCTIONS.—Such section is further amended by adding at the end the following: 

‘‘(j) The Assistant Secretary for International and Foreign Language Education— 

‘‘(1) shall be an individual with extensive background and experience in international and foreign language education; and 

‘‘(2) notwithstanding any other provision of law, shall report directly to the 

Secretary.’’. 

(c) CONFORMING AMENDMENT.—Such section is further amended in subsection 

(e)— 

(1) in paragraph (4), by adding ‘‘and’’ at the end; 

(2) in paragraph (5), by striking ‘‘; and’’ at the end and inserting a period; 

and 

(3) by striking paragraph (6). 

(d) OFFICE OF INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION.—Title II of 

the Department of Education Organization Act is amended by inserting after section 

207 (20 U.S.C. 3417) the following: 

‘‘OFFICE OF INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION

‘‘SEC. 207A. There shall be in the Department an Office of International and Foreign Language Education, to be administered by the Assistant Secretary for International and Foreign Language Education appointed under section 202(b). In addition to performing such functions affecting international and foreign language education as the Secretary may prescribe, the Assistant Secretary shall— 


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‘‘(1) have responsibility for encouraging and promoting the study of foreign 

languages and the study of cultures of other countries at the elementary, secondary, and postsecondary levels in the United States; 

‘‘(2) carry out the administration of all Department programs on international 

and foreign language education and research; 

‘‘(3) coordinate with related international and foreign language education programs of other Federal departments and agencies; and 

‘‘(4) administer and coordinate the Department of Education’s activities in 

international affairs.’’. 

PART D—JUSTICE DEPARTMENT PROGRAMS 

SEC. 951. 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 adding at the end the following: 

‘‘PART JJ—LOAN REPAYMENT FOR PROSECUTORS AND 

PUBLIC DEFENDERS 

‘‘SEC. 3111. 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 local agency who— 

‘‘(A) is continually licensed to practice law; and 

‘‘(B) prosecutes criminal or juvenile delinquency cases (or both) at the 

State or local level, including an employee who supervises, educates, or 

trains 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 local agency who provides legal 

representation to indigent persons in criminal or juvenile delinquency 

cases (or both), including an attorney who supervises, educates, or 

trains 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 such full-time employment to providing legal representation to indigent persons in criminal or juvenile delinquency cases (or 

both), including an attorney who supervises, educates, or trains 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 (or both). 

‘‘(3) STUDENT LOAN.—The term ‘student loan’ means— 

‘‘(A) 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.); 

‘‘(B) 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 

‘‘(C) 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 Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H of such 

Act. 

‘‘(c) PROGRAM AUTHORIZED.—The Attorney General shall, subject to the availability of appropriations, 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 LOAN REPAYMENT.— 

‘‘(1) BORROWER AGREEMENT.—To be eligible to receive repayment benefits 

under subsection (c), a borrower shall enter into a written agreement with the 

Attorney General that specifies that— 


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‘‘(A) the borrower will remain employed as a prosecutor or public defender 

for a required period of service of not less than 3 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; and 

‘‘(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. 

‘‘(2) REPAYMENT BY BORROWER.— ‘‘(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. 

‘‘(C) WAIVER.—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. 

‘‘(3) LIMITATIONS.— 

‘‘(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan repayments made 

by the Attorney General under this section shall be made subject to the 

availability of appropriations, and 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 

3 years. 

‘‘(f) AWARD BASIS; PRIORITY.— 

‘‘(1) AWARD BASIS.—The Attorney General shall provide repayment benefits 

under this section— 

‘‘(A) subject to the availability of appropriations; and 

‘‘(B) in accordance with paragraph (2), except that the Attorney General 

shall determine a fair allocation of repayment benefits among prosecutors 

and defenders, and among employing entities nationwide. 

‘‘(2) PRIORITY.—In providing repayment benefits under this section in any fiscal year, the Attorney General shall give priority to borrowers— 

‘‘(A) who, when compared to other eligible borrowers, have the least ability to repay their student loans (considering whether the borrower is the 

beneficiary of any other student loan repayment program), as determined 

by the Attorney General; or 

‘‘(B) who— 

‘‘(i) received repayment benefits under this section during the preceding fiscal year; and 

‘‘(ii) have completed less than 3 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 3 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 is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2008 through 2013.’’. 

SEC. 952. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY. 

(a) IN GENERAL.—The Attorney General of the United States is authorized to 

make grants, through the Office of Community Oriented Policing Services, to establish and operate a National Center for Campus Public Safety (referred to in this section as the ‘‘Center’’). The Center shall— 

(1) provide quality education and training for campus public safety agencies 

and the agencies’ collaborative partners, including campus mental health agencies; 

(2) foster quality research to strengthen the safety and security of the institutions of higher education in the United States; 

(3) serve as a clearinghouse for the identification and dissemination of information, policies, procedures, and best practices relevant to campus public safety, including the prevention of violence against persons and property and emergency response and evacuation procedures; 

(4) develop protocols, in conjunction with the Attorney General, the Secretary 

of Homeland Security, the Secretary of Education, State, local, and tribal governments and law enforcement agencies, private and nonprofit organizations 

and associations, and other stakeholders, to prevent, protect against, respond 

to, and recover from, natural and man-made emergencies or dangerous situations involving an immediate threat to the health or safety of the campus community; 

(5) promote the development and dissemination of effective behavioral threat 

assessment and management models to prevent campus violence; 

(6) coordinate campus safety information and resources available from the Department of Justice, the Department of Homeland Security, the Department of 

Education, State, local, and tribal governments and law enforcement agencies, 

and private and nonprofit organizations and associations; 

(7) increase cooperation, collaboration, and consistency in prevention, response, and problem-solving methods among law enforcement, mental health, 

and other agencies and jurisdictions serving institutions of higher education in 

the United States; 

(8) develop standardized formats and models for mutual aid agreements and 

memoranda of understanding between campus security agencies and other public safety organizations and mental health agencies; and 

(9) report annually to Congress and the Attorney General on activities performed by the Center during the previous 12 months. 

(b) COORDINATION WITH AVAILABLE RESOURCES.—In establishing the Center, the 

Attorney General shall— 

(1) consult with the Secretary of Homeland Security, the Secretary of Education, and the Attorneys General of each State; and 

(2) coordinate the establishment and operation of the Center with campus 

public safety resources that may already be available within the Department of 

Homeland Security and the Department of Education. 

(c) DEFINITION OF INSTITUTION OF HIGHER EDUCATION.—In this section, 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) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to carry out this section $2,750,000 for each of the fiscal years 2008 and 2009 and 

such sums as may be necessary thereafter. 

SEC. 953. PRIVATE LOAN FORGIVENESS. 

Section 209 of title 18, United States Code, is amended by adding at the end the 

following new subsection: 

‘‘(i) This section does not prohibit— 

‘‘(1) a public or private institution of higher education from providing an officer or employee of the executive branch of the United States Government, of 


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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: Provided, that such repaying or providing forbearance— 

‘‘(A) is not provided exclusively to officers and employees of the executive 

branch of the United States Government, of any independent agency of the 

United States, and of the District of Columbia; and 

‘‘(B) is provided to any such officer or employee— 

‘‘(i) in accordance with a written, published policy of the institution 

relating to repaying or providing forbearance, respectively, for students 

who perform public service; and 

‘‘(ii) under the same terms and conditions as are available under such 

policy to other students of the institution who are performing public 

service and who qualify for such repayment or forbearance; and 

‘‘(2) an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of 

Columbia from receiving repayment or forbearance permitted under paragraph 

(1).’’. 

PART E—STEVENSON-WYDLER TECHNOLOGY 

INNOVATION ACT OF 1980 

SEC. 961. ESTABLISHMENT OF PROGRAM. 

Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 

3704) is amended by inserting the following after subsection (b): 

‘‘(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 to assist eligible institutions in acquiring, and augmenting their use of, digital and wireless networking technologies to improve the quality and delivery of educational services 

at eligible institutions. 

‘‘(2) 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 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; and 

‘‘(E) to foster the use of digital and wireless networking technology to improve research and education, including scientific, mathematics, engineering, and technology instruction. 

‘‘(3) 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 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 criVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00196 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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teria 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 proposals 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 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. 

‘‘(D) 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. 

‘‘(E) 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 one-quarter 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. 

‘‘(F) AWARDS.— 

‘‘(i) 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. 

‘‘(ii) 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 education agency, local education 

agencies, institutions of higher education, community-based organizations, national nonprofit organizations, or businesses, including minority businesses. 

‘‘(iii) PLANNING GRANTS.—The Secretary may provide funds to develop 

strategic plans to implement such grants, cooperative agreements, or 

contracts. 

‘‘(iv) 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. 

‘‘(v) NEED.—In awarding funds under this subsection, the Secretary 

shall give priority to the institution with the greatest demonstrated 

need for assistance. 

‘‘(G) ANNUAL REPORT AND EVALUATION.— 

‘‘(i) ANNUAL REPORT REQUIRED FROM RECIPIENTS.—Each 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. 


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‘‘(ii) INDEPENDENT ASSESSMENT.—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. The Assessments shall be 

conducted once every 3 years during the 10-year period following the 

enactment of this subsection. The assessments shall include an evaluation of the effectiveness of the program 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; an evaluation of the effectiveness of the program in improving 

access to, and familiarity with, digital and wireless networking technology for students, faculty, and staff at all eligible institutions; an 

evaluation of the procedures established under paragraph (3)(A); and 

recommendations for improving the program, including recommendations concerning the continuing need for Federal support. In carrying 

out its assessments, the National Academy of Public Administration 

shall review the reports submitted to the Secretary under clause (i). 

‘‘(iii) REPORT TO CONGRESS.—Upon completion of each independent 

assessment carried out under clause (ii), 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. 

‘‘(H) DEFINITIONS.—In this subsection: 

‘‘(i) DIGITAL AND WIRELESS NETWORKING TECHNOLOGY.—The term 

‘digital and wireless networking technology’ means computer and communications equipment and software that facilitates the transmission 

of information in a digital format. 

‘‘(ii) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means an 

institution that is— 

‘‘(I) a historically Black college or university that is 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 described in section 

326(e)(1)(A), (B), or (C) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), 

or (C)), or a consortium of institutions described in this subparagraph; 

‘‘(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 tribally controlled 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 under section 317(b) of 

the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); 

‘‘(V) a Native Hawaiian-serving institution under section 317(b) 

of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or 

‘‘(VI) an institution of higher education (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))). 

‘‘(iii) 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). 

‘‘(iv) 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). 

‘‘(v) 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))). 

‘‘(vi) 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. 

‘‘(vii) 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). 

‘‘(viii) 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).’’. 


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SEC. 962. 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— (1) $250,000,000 for fiscal year 2008; and 

(2) such sums as may be necessary for each of the fiscal years 2009 through 

2012. 

TITLE X—PRIVATE STUDENT LOAN 

TRANSPARENCY AND IMPROVEMENT 

SEC. 1001. SHORT TITLE. 

This title may be cited as the ‘‘Private Student Loan Transparency and Improvement Act of 2007’’. 

SEC. 1002. DEFINITIONS. 

As used in this title— 

(1) the term ‘‘Board’’ means the Board of Governors of the Federal Reserve 

System; 

(2) 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 or employee of the educational institution; 

(3) the terms ‘‘Federal banking agencies’’ and ‘‘appropriate Federal banking 

agency’’ have the same meanings as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); 

(4) 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); 

(5) 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); 

(6) the term ‘‘private educational lender’’ means any creditor (as defined in 

section 103 of the Truth in Lending Act) which solicits, makes, or extends private educational loans; and 

(7) the term ‘‘private educational loan’’— 

(A) means a loan provided by a private educational lender that— 

(i) is not made, insured, or guaranteed under part B of title IV of the 

Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and 

(ii) is issued by a private educational 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, or whether the loan is 

provided through the educational institution that the subject student 

attends or directly to the borrower from the lender; and 

(B) does not include an extension of credit under an open end consumer 

credit plan, a residential mortgage transaction (as those terms are defined 

in section 103 of the Truth in Lending Act), or any other loan that is secured by real property or a dwelling. 

SEC. 1003. REGULATIONS. 

The Board shall issue final regulations to implement this title and the amendments made by this title not later than 180 days after the date of enactment of this 

title. 

SEC. 1004. EFFECTIVE DATES. 

This title and the amendments made by this title shall become effective 180 days 

after the date on which regulations to carry out this title and the amendments made 

by this title are issued in final form. 

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) IN GENERAL.—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: 


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‘‘§ 140. Preventing unfair and deceptive private educational lending practices and eliminating conflicts of interest 

‘‘(a) DEFINITIONS.—For purposes of this section, the following definitions shall 

apply: 

‘‘(1) COVERED EDUCATIONAL INSTITUTION.—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 or employee of the educational institution. 

‘‘(2) GIFT.—The term ‘gift’— 

‘‘(A) means any gratuity, favor, discount, entertainment, hospitality, loan, 

or other item having a monetary value of more than a de minimis amount, 

including 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; 

‘‘(B) does not include— 

‘‘(i) standard informational material related to a loan or financial literacy (such as a brochure); 

‘‘(ii) food, refreshments, training, or informational material furnished 

to an employee or agent of a covered educational institution, as an integral part of a training session that is designed to improve the service 

of the private educational lender to the covered educational institution, 

if such training contributes to the professional development of the employee or agent of the covered educational institution; or 

‘‘(iii) favorable terms, conditions, and borrower benefits on an educational loan provided to a student employed by the covered educational institution if such terms, conditions, or benefits are comparable 

to those provided to all students of the institution; and 

‘‘(C) includes a gift to a family member of an officer, employee, or agent 

of a covered institution, or a gift to any other individual based on that individual’s relationship with 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) INSTITUTION OF HIGHER EDUCATION.—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) POSTSECONDARY EDUCATIONAL EXPENSE.—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) PRIVATE EDUCATIONAL LENDER.—The term ‘private educational lender’ 

means a creditor which solicits, makes, or extends private educational loans. 

‘‘(6) PRIVATE EDUCATIONAL LOAN.—The term ‘private educational loan’— 

‘‘(A) means a loan provided by a private educational lender that— 

‘‘(i) is not made, insured, or guaranteed under part B of title IV of 

the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and 

‘‘(ii) is issued by a private educational 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, or whether the loan is 

provided through the educational institution that the subject student 

attends or directly to the borrower from the lender; and 

‘‘(B) does not include an extension of credit under an open end consumer 

credit plan, a residential mortgage transaction, or any other loan that is secured by real property or a dwelling. 

‘‘(7) REVENUE SHARING.—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 educational 

loans to students attending the covered educational institution or to the 

parents of such students; 

‘‘(B) the covered educational institution recommends to students or others 

the private educational lender or the private educational loans of the private educational lender; and 

‘‘(C) the private educational lender pays a fee or provides other material 

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stitution or to the officers, employees, or agents of the covered educational 

institution in connection with the private educational 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, including any officer or employee thereof, may not, directly or indirectly— 

‘‘(1) offer or provide any gift to a covered educational institution or a covered 

educational institution employee, nor may such covered educational institution, 

officer, or employee receive any such gift, in exchange for any advantage or consideration provided to such private educational lender related to its private educational 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 educational loans in any way that implies that the 

covered educational institution endorses the private educational loans offered by the 

lender. 

‘‘(d) BAN ON PARTICIPATION ON ADVISORY COUNCILS.— 

‘‘(1) IN GENERAL.—An officer, employee, or agent who is employed in the financial aid office of a covered institution, or who otherwise has responsibilities 

with respect to private educational loans, shall not serve on or otherwise participate with advisory councils of private educational lenders or affiliates of such 

lenders. 

‘‘(2) RULES OF CONSTRUCTION.—No provision of this subsection shall be construed as— 

‘‘(A) prohibiting private educational lenders from seeking advice from covered institutions or groups of covered institutions (including through telephonic or electronic means, or a meeting) in order to improve products and 

services for borrowers, to the extent that no gifts or compensation (including for transportation, lodging, or related expenses) are provided by private 

educational lenders in connection with seeking this advice from such institutions; or 

‘‘(B) prohibiting an employee, officer, or agent of a covered institution 

from serving on the board of directors of a private educational lender, if required by State law. 

‘‘(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, directly or indirectly, for early repayment or prepayment, of any private educational loan.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 2 of the Truth in 

Lending Act is amended by inserting after the item relating to section 139 the following new item: 

‘‘140. Preventing unfair and deceptive private educational lending practices and eliminating conflicts of interest.’’. 

SEC. 1012. CIVIL LIABILITY. 

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 section 128(e)(8)’’ 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 ‘‘or of section 128(e),’’ before ‘‘or for failing’’; and 

(2) in subsection (e), by inserting before the first period, the following: ‘‘or, in 

the case of a violation involving a private educational loan, 1 year from the date 

on which the first regular payment of principal is due under the loan’’. 

Subtitle B—Improved Disclosures for Private 

Educational Loans 

SEC. 1021. PRIVATE EDUCATIONAL LOAN DISCLOSURES AND LIMITATIONS. 

Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding 

at the end the following new subsection: 

‘‘(e) TERMS AND DISCLOSURE WITH RESPECT TO PRIVATE EDUCATIONAL LOANS.— 

‘‘(1) DISCLOSURES REQUIRED IN PRIVATE EDUCATIONAL LOAN APPLICATIONS AND

SOLICITATIONS.—In any application for a private educational loan, or a solicitaVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00201 Fmt 6659 Sfmt 6621 E:\HR\OC\HR500.XXX HR500

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tion for a private educational loan without requiring an application, the creditor 

shall disclose to the borrower, clearly and conspicuously— 

‘‘(A) the potential range of rates of interest applicable to the private educational loan; 

‘‘(B) whether the rate of interest applicable to the private educational 

loan is fixed or variable; 

‘‘(C) limitations on interest rate adjustments, both in terms of frequency 

and amount, or the lack thereof; 

‘‘(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 educational loan; 

‘‘(G) the term of the private educational loan; 

‘‘(H) whether interest will accrue while the student to whom the private 

educational loan relates is enrolled at an institution of higher education; 

‘‘(I) payment deferral options, including whether the deferment would 

apply to interest or principal, or both; 

‘‘(J) general eligibility criteria for the private educational loan; 

‘‘(K) an example of the total cost of the private educational 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 creditor; and 

‘‘(ii) calculated both with and without capitalization of interest, if 

that is an option for postponing interest payments; 

‘‘(L) a statement that an institution of higher education may have schoolspecific educational loan benefits and terms not detailed on the disclosure 

form; 

‘‘(M) that the borrower may qualify for Federal financial assistance 

through a program under title IV of the Higher Education Act of 1965, in 

lieu of, or in addition to, a loan from a non-Federal source; 

‘‘(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; 

‘‘(O) that the consumer may obtain additional information concerning 

such Federal financial assistance from their institution of higher education 

or at the website of the Department of Education; 

‘‘(P) that, as provided in paragraph (6)— 

‘‘(i) the borrower shall have up to 30 calendar days following the date 

on which the application for the private educational loan is approved 

and the borrower receives the disclosure documents required under this 

subsection for the loan to accept the terms of the private educational 

loan and consummate the transaction; 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 creditor during that 30-day period; and 

‘‘(Q) such other information as the Board shall prescribe, by rule, as necessary or appropriate for consumers to make informed borrowing decisions. 

‘‘(2) WRITTEN ACKNOWLEDGMENT OF RECEIPT.—In each case in which a disclosure is provided pursuant to paragraph (1) and an application initiated, a creditor shall obtain a written acknowledgment from the consumer that the consumer has read and understood the disclosure. 

‘‘(3) DISCLOSURES AT THE TIME OF PRIVATE EDUCATIONAL LOAN APPROVAL.— 

Subject to the rules of the Board, contemporaneously with the approval of a private educational loan application, and before the loan transaction is consummated, the creditor 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 educational 

loan is fixed or variable; 

‘‘(C) limitations on interest rate adjustments, both in terms of frequency 

and amount, or the lack thereof; 

‘‘(D) the initial approved principal amount; 

‘‘(E) applicable finance charges, late fees, penalties, and adjustments to 

principal, based upon borrower defaults or late payments; 

‘‘(F) the maximum term under the private educational loan program; 

‘‘(G) 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 


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interest actually offered by the creditor, to the extent that such maximum 

rate may be determined, or if not, a good faith estimate thereof; 

‘‘(H) any principal and interest payments required while the student to 

whom the private educational loan relates is enrolled at an institution of 

higher education and interest which will accrue during such enrollment; 

‘‘(I) payment deferral options, including whether the deferment would 

apply to interest or principal, or both; 

‘‘(J) whether monthly payments are graduated; 

‘‘(K) that, as provided in paragraph (7)— 

‘‘(i) the borrower shall have up to 30 calendar days following the date 

on which the application for the private educational loan is approved 

and the borrower receives the disclosure documents required under this 

subsection for the loan to accept the terms of the private educational 

loan and consummate the transaction; 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 creditor during that 30-day period; 

‘‘(L) that the borrower may qualify for Federal financial assistance 

through a program under title IV of the Higher Education Act of 1965, in 

lieu of, or in addition to, a loan from a non-Federal source; 

‘‘(M) the interest rates available with respect to such Federal financial assistance through a program under title IV of the Higher Education Act of 

1965; 

‘‘(N) the maximum monthly payment, calculated using the maximum rate 

of interest actually offered by the creditor, to the extent that such maximum rate may be determined, or if not, a good faith estimate thereof; and 

‘‘(O) such other information as the Board shall prescribe, by rule, as necessary or appropriate for consumers to make informed borrowing decisions. 

‘‘(4) PROVISION OF INFORMATION.—Before a creditor may issue any funds with 

respect to an extension of credit described in paragraph (1) for an amount equal 

to more than $1,000, the creditor shall notify the relevant institution of higher 

education, in writing, of the proposed extension of credit and the amount thereof. 

‘‘(5) DISCLOSURES AT THE TIME OF PRIVATE EDUCATIONAL LOAN CONSUMMATION.—Subject to the regulations prescribed by the Board, contemporaneously 

with the consummation of a private educational loan, the creditor shall make 

each of the disclosures described in subparagraphs (A) through (J) and (L) 

through (O) of paragraph (3) to the borrower. 

‘‘(6) FORMAT OF DISCLOSURES.—Disclosures required under paragraphs (1), (3), 

and (5) shall appear in a clearly legible, uniform format, subject to section 

122(c). 

‘‘(7) EFFECTIVE PERIOD OF APPROVED RATE OF INTEREST AND LOAN TERMS.— 

‘‘(A) IN GENERAL.—With respect to a private educational 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 following the date on 

which the application for the private educational loan is approved and the 

borrower receives the disclosure documents required under this subsection 

for the loan, and the rates and terms of the loan may not be changed by 

the creditor during that period, subject to the rules of the Board. 

‘‘(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 creditor 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 30-day period referred to in subparagraph 

(A). 

‘‘(C) PROHIBITION ON DISBURSEMENT.—No funds may be disbursed with 

respect to a private educational loan until acceptance of the loan by the borrower under subparagraph (A) and the expiration of the 3-day period under 

paragraph (7). 

‘‘(8) RIGHT TO CANCEL.—With respect to a private educational 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, subject to the 

rules of the Board. No funds may be transferred to the borrower during that 

3-day period. 

‘‘(9) DEFINITIONS.—For purposes of this subsection, the following definitions 

shall apply: 


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‘‘(A) INSTITUTION OF HIGHER EDUCATION.—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). 

‘‘(B) PRIVATE EDUCATIONAL LENDER.—The term ‘private educational lender’ means any creditor engaged in the business of soliciting, making, or extending private educational loans. 

‘‘(C) PRIVATE EDUCATIONAL LOAN.—The term ‘private educational loan’— 

‘‘(i) means a loan provided by a private educational lender that— 

‘‘(I) is not made, insured, or guaranteed under part B of title IV 

of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and 

‘‘(II) is issued by a private educational 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, or 

whether the loan is provided through the educational institution 

that the subject student attends or directly to the borrower from 

the lender; and 

‘‘(ii) 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.’’. 

SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE EDUCATIONAL LOANS. 

Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) is amended by inserting ‘‘and other than private educational loans (as that term is defined in section 

140(a))’’ after ‘‘consumer’’. 

Subtitle C—Financial Literacy 

SEC. 1031. 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 covered educational institutions), 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 

institutions of higher education through— 

(1) the development of initiatives, programs, and curricula that improve student awareness of the short- and long-term costs associated with educational 

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; 

(3) promote the programs identified as being the most effective; and 

(4) encourage institutions of higher education 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 

title, the Financial Literacy and Education Commission shall submit a report 

to Congress on the state of financial education among students at institutions 

of higher education. 

(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 concerning the report required by this subsection. 


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Subtitle D—Study and Report on Nonindividual 

Information 

SEC. 1041. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION. 

(a) STUDY.—The Comptroller General of the United States (in this section referred 

to as the ‘‘Comptroller’’) 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 educational loans; 

(2) to examine whether and to what extent the inclusion of such nonindividual factors— 

(A) increases access to private educational loans for borrowers who lack 

credit history or results in less favorable rates for such borrowers; and 

(B) impacts the types of private educational 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 (defined for purposes of this section as a ‘‘part B institution’’, within the meaning of 

section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)) and 

other colleges and universities; 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 educational 

loans, based on gender, race, income level, and institution of higher education. 

(b) REPORT.—Not later than 1 year after the date of enactment of this title, the 

Comptroller shall submit a report to Congress on the results of the study required 

by this section. 

Subtitle E—Incentives For Low-Cost Educational 

Loans 

SEC. 1051. CRA CREDIT FOR LOW-COST EDUCATIONAL LOANS. 

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 EDUCATIONAL LOANS.—In assessing and taking into account, under 

subsection (a), the record of a financial institution, the appropriate Federal financial 

supervisory agency shall consider, as a factor, low-cost educational loans provided 

by the financial institution to low-income borrowers.’’. 

I. PURPOSE

H.R. 4137, the College Opportunity and Affordability Act of 2007, 

reauthorizes the Higher Education Act of 1965 to make college 

more affordable and accessible. The bill includes reforms to encourage colleges to rein in price increases and provide consumers with 

helpful information, restore integrity and accountability to the student loan programs, simplify the federal student aid application 

process, make textbook costs more manageable, strengthen our 

workforce and competitiveness, expand college access and support 

for low-income and minority students, increase college aid and support for veterans and military families, ensure equal college opportunities for students with disabilities, and boost campus safety and 

disaster readiness plans. 

II. COMMITTEE ACTION

The Committee on Education and Labor and the Subcommittees 

on Higher Education, Lifelong Learning, and Competitiveness held 

a total of thirty-five hearings in Washington, D.C. and across the 

country, as well as a series of site visits to many institutions of 


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higher education in preparation for and as part of the reauthorization of the Higher Education Act. 

107TH CONGRESS

Hearings—First session 

In April 2001, the Committee on Education and the Workforce, 

Subcommittee on Select Education, held a field hearing in Oklahoma City, Oklahoma, on ‘‘Responding to the Needs of Historically 

Black Colleges and Universities in the 21st Century,’’ to examine 

the unique role of Historically Black Colleges and Universities 

(HBCUs) and their role in the higher education system. In July 

2001, the Committee on Education and the Workforce, Subcommittee on Select Education, held another field hearing on ‘‘Responding to the Needs of Historically Black Colleges and Universities in the 21st Century.’’ The hearing was held in Wilberforce, 

Ohio and continued the examination of the unique role of HBCUs 

and their role in the higher education system. 

In June 2001, the Committee on Education and the Workforce, 

Subcommittee on 21st Century Competitiveness, held a hearing in 

Washington, D.C., on ‘‘H.R. 1992, the Internet Equity and Education Act of 2001,’’ to hear testimony on the provisions in H.R. 

1992 introduced by Representative Johnny Isakson (R–GA) on May 

24, 2001. In October 2001, the Committee on Education and the 

Workforce, Subcommittees on 21st Century Competitiveness and 

Select Education, jointly held a hearing in Washington, D.C., on 

‘‘Tracking International Students in Higher Education—Policy Options and Implications for Students.’’ The purpose of the hearing 

was to examine issues related to international students and their 

attendance at U.S. institutions of higher education. 

Second session 

In February 2002, the Committee on Education and the Workforce, Subcommittees on 21st Century Competitiveness and Select 

Education, held a joint hearing in Washington, D.C., on ‘‘Responding to the Needs of Historically Black Colleges and Universities in 

the 21st Century.’’ The hearing examined the unique role of and 

issues confronted by HBCUs. In July 2002, the Committee on Education and the Workforce held a hearing in Washington, D.C., on 

‘‘Access to Higher Education for Low-Income Students: A Review of 

the Advisory Committee on Student Financial Assistance Report.’’ 

The purpose of the hearing was to consider access to postsecondary 

education, specifically for low-income students, by examining two 

reports released by the Advisory Committee on Student Financial 

Assistance, entitled ‘‘Empty Promises—The Myth of College Access 

in America’’ (July 2002) and ‘‘Access Denied’’ (February 2001). 

In September 2002, the Committee on Education and the Workforce, Subcommittees on 21st Century Competitiveness and Select 

Education held a joint hearing in Washington, D.C., on ‘‘Responding to the Needs of Historically Black Colleges and Universities in 

the 21st Century.’’ The purpose of the hearing was to continue to 

explore the unique role HBCUs play in providing postsecondary 

education to students. Also in September 2002, the Committee on 

Education and the Workforce, Subcommittees on 21st Century 

Competitiveness and Select Education held a joint hearing in 


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Washington, D.C., on ‘‘Homeland Security: Tracking International 

Students in Higher Education—Progress & Issues Since 9–11.’’ The 

purpose of the hearing was to learn about the implementation of 

the Student Exchange and Visitor Information System (SEVIS); 

outstanding issues in rendering SEVIS fully operational; and the 

interaction between institutions of higher education, the Immigration and Naturalization Service (INS) and the United States Department of State. 

In October 2002, the Committee on Education and the Workforce, 

Subcommittee on 21st Century Competitiveness held a hearing in 

Washington, D.C., on ‘‘Assuring Quality and Accountability in Postsecondary Education: Assessing the Role of Accreditation.’’ The purpose of the hearing was to learn more about the accreditation process, the nature of the interaction between regional and national 

accreditors, and the specific roles and responsibilities of accrediting 

agencies. Also in October 2002, the Committee on Education and 

the Workforce held a hearing in Washington, D.C., on ‘‘The Rising 

Price of a Quality Postsecondary Education: Fact or Fiction?’’ to examine the effects of the increasing costs of a postsecondary education on students and families. Finally, the Committee on Education and the Workforce, Subcommittee on 21st Century Competitiveness held a hearing in October 2002 in Washington, D.C., on 

‘‘Training Tomorrow’s Teachers: Ensuring a Quality Postsecondary 

Education.’’ The purpose of the hearing was to examine the effectiveness of the competitive grant programs authorized under title 

II of the Higher Education Act and also to examine the accountability provisions for teacher preparation programs under the Act. 

Legislative action—First session 

On May 24, 2001, Representatives Johnny Isakson (R–GA), John 

Boehner (R–OH), Howard P. ‘‘Buck’’ McKeon (R–CA), Mike Castle 

(R–DE), and Bob Goodlatte (R–VA) introduced H.R. 1992, the 

Internet Equity and Education Act of 2001, to amend the Higher 

Education Act and repeal the 50 percent rule for telecommunications and make additional reforms regarding distance education. 

In June 2001, the Subcommittee on 21st Century Competitiveness 

considered H.R. 1992 in legislative session and reported it favorably, as amended, to the Committee on Education and the Workforce by voice vote. In August 2001, the Committee on Education 

and the Workforce considered H.R. 1992 in legislative session and 

reported it favorably, as amended, to the House of Representatives 

by a vote of 31–10. The bill passed the House by a vote of 354– 

70, but was not considered in the Senate. 

Legislative action—Second session 

In July 2002, Representatives Lindsey Graham (R–SC), John 

Boehner (R–OH), Howard P. ‘‘Buck’’ McKeon (R–CA), Todd Platts 

(R–PA), James Greenwood (R–PA), Johnny Isakson (R–GA), Charlie Norwood (R–GA), John Cooksey (R–LA), Sam Graves (R–MO), 

Van Hilleary (R–TN), Todd Tiahrt (R–KS), Richard Burr (R–NC), 

Ileana Ros-Lehtinen (R–FL) introduced H.R. 5091, the Canceling 

Loans to Allow School Systems to Attract Classroom Teachers Act 

(CLASS ACT), which amended the Higher Education Act to provide 

discretionary loan forgiveness of up to $17,500 for math, science 

and special education teachers. In September 2002, the Committee 


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on Education and the Workforce considered H.R. 5091 in legislative 

session and reported the bill favorably, as amended to the House 

of Representatives by voice vote. In October 2002, the bill was considered and passed under suspension of the Rules in the House. No 

action was taken in the Senate. 

108TH CONGRESS

Hearings—First session 

In May 2003, the Committee on Education and the Workforce 

held a hearing in Washington, D.C., on ‘‘The State of American 

Higher Education: What Are Parents, Students and Taxpayers Getting for Their Money?’’ The purpose of the hearing was to learn 

whether institutions of higher education have taken any steps to 

help produce results and assist with lifelong career pursuits. The 

Committee on Education and the Workforce, Subcommittee on 21st 

Century Competitiveness, also held a hearing in Washington, D.C., 

on ‘‘America’s Teacher Colleges: Are They Making the Grade?’’ in 

May 2003 to discuss whether teacher colleges and other teacher 

preparation programs are producing a competent cadre of teachers. 

In June 2003, the Committee on Education and the Workforce, 

Subcommittee on Select Education, held a hearing in Washington, 

D.C., on ‘‘International Programs in Higher Education and Questions about Bias.’’ The purpose of the hearing was to learn how programs authorized under title VI of the Higher Education Act can 

provide innovative ways to help bridge the international knowledge 

gap and also to further explore international education programs. 

In July 2003, the Committee on Education and the Workforce, 

Subcommittee on 21st Century Competitiveness, held a hearing in 

Washington, D.C., on ‘‘Affordability in Higher Education: We Know 

There’s a Problem; What’s the Solution?’’ The purpose of the hearing was to examine the effects of ever-rising college tuition and debate some of the possible solutions to this problem. Also in July 

2003, the Committee on Education and the Workforce, Subcommittee on 21st Century Competitiveness, held a hearing in 

Washington, D.C., on ‘‘Expanding Access to College in America: 

How the Higher Education Act Can Put College Within Reach.’’ 

The purpose of this hearing was to examine national, state and 

local college access programs; to hear recommendations for improvements in these programs; and to learn what provisions in the 

law may currently prohibit some postsecondary institutions from 

accessing resources that would enable them to work more closely 

with various student populations. The Subcommittee on 21st Century Competitiveness, also held a hearing in Washington, D.C., on 

‘‘Consolidation Loans: What’s Best for Past Borrowers, Future Students & U.S. Taxpayers?’’ to learn how the consolidation loan program satisfies the mission of the Higher Education Act by increasing access and affordability to students pursuing postsecondary 

education, and to learn more about whether the program is fair for 

all borrowers. 

In September 2003, the Committee on Education and the Workforce, Subcommittee on Select Education, held a hearing in Washington, D.C., on ‘‘Beyond Baccalaureate: Graduate Programs in the 

Higher Education Act.’’ The purpose of the hearing was to learn 

about the various graduate programs authorized under title VII of 


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the Higher Education Act and to hear suggestions for the reauthorization of these programs. The Committee on Education and the 

Workforce, Subcommittee on 21st Century Competitiveness, held a 

hearing in Washington, D.C., on ‘‘H.R. 3039, the Expanding Opportunities in Higher Education Act of 2003’’ to hear testimony regarding the provisions in H.R. 3039, introduced by Representative Tom 

Cole (R–OK) on September 9, 2003. Also in September 2003, the 

Committee on Education and the Workforce, Subcommittee on 21st 

Century Competitiveness, held a hearing in Washington, D.C., on 

‘‘The College Cost Crisis Report: Are Institutions Accountable 

Enough to Students and Parents?’’ to examine the findings in the 

report, to discuss the broad issue of affordability in higher education, and to hear possible solutions on how best to address the 

problem of increasing college costs. 

In October 2003, the Committee on Education and the Workforce, 

Subcommittee on Select Education, held a field hearing in Edinburg, Texas, on ‘‘Expanding Opportunities in Higher Education: 

Honoring the Contributions of America’s Hispanic Serving Institutions.’’ The purpose of the field hearing was to learn about expanding educational opportunities for students at Hispanic Serving Institutions (HSIs). 

Second session 

In March 2004, the Committee on Education and the Workforce 

held a hearing in Washington, D.C., on ‘‘Fiscal Responsibility and 

Federal Consolidation Loans: Examining Cost Implications for Taxpayers, Students, and Borrowers.’’ The purpose of the hearing was 

to examine the consolidation loan program and how student lending issues fit within the broader goal of expanding access to lowand middle-income students pursing a postsecondary education. 

In May 2004, the Committee on Education and the Workforce 

held a hearing in Washington, D.C., on ‘‘H.R. 4283, the College Access and Opportunity Act of 2004.’’ The purpose of this hearing was 

to examine the provisions in H.R. 4283. In June 2004, the Committee on Education and the Workforce held a hearing in Washington, D.C., on ‘‘H.R. 4283, the College Access & Opportunity Act: 

Are Students at Proprietary Institutions Treated Equitably Under 

Current Law?’’ The purpose of the hearing was to examine issues 

facing students attending eligible proprietary institutions of higher 

education. 

In June 2004, the Committee on Education and the Workforce, 

Subcommittee on 21st Century Competitiveness, held a hearing in 

Washington, D.C., on ‘‘H.R. 4283, the College Access & Opportunity 

Act: Does Accreditation Provide Students and Parents Accountability and Quality?’’ The purpose of the hearing was to examine 

issues related to accountability in higher education and to analyze 

those sections in the bill that deal with the accreditation process 

for institutions and the recognition of accreditors by the United 

States Department of Education. 

In July 2004, the Committee on Education and the Workforce 

held a full Committee hearing in Washington, D.C., on H.R. 4283, 

entitled ‘‘H.R. 4283, the College Access and Opportunity Act: Increasing the Focus on Graduation Rates and Student Outcomes.’’ 

The purpose of this hearing was to examine issues regarding college graduation rates and the findings of a report issued by The 


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Education Trust entitled, ‘‘A Matter of Degrees: Improving Graduation Rates in Four-Year Colleges and Universities. Also in July, the 

Committee on Education and the Workforce, Subcommittee on 21st 

Century Competitiveness, held a hearing in Washington, D.C., entitled, ‘‘Are College Textbooks Priced Fairly?’’ to examine the issue 

of the high cost of textbooks on college campuses and the effect on 

a student’s overall cost of higher education. 

In September 2004, the Committee on Education and the Workforce, Subcommittee on 21st Century Competitiveness, held a hearing in Washington, D.C., entitled, ‘‘Are Current Safeguards Protecting Taxpayers Against Diploma Mills?’’ The purpose of this 

hearing was to examine issues related to diploma mills and their 

impact on the credibility of the higher education system. 

Legislative action—First session 

On January 29, 2003, Representatives Joe Wilson (R–SC), John 

Boehner (R–OH), Howard P. ‘‘Buck’’ McKeon (R–CA), Johnny 

Isakson (R–GA), Todd Platts (R–PA), James Greenwood (R–PA), 

Patrick Tiberi (R–OH), Tom Cole (R–OK), Mark Souder (R–IN), 

Richard Baker (R–LA), Sam Graves (R–MO) and Heather Wilson 

(R–NM) introduced H.R. 438, the Teacher Recruitment and Retention Act of 2003, which amended the Higher Education Act to provide up to $17,500 in loan forgiveness for math, science and special 

education teachers. In June 2003, the Subcommittee on 21st Century Competitiveness considered H.R. 438 in legislative session and 

reported it favorably, as amended, to the Committee on Education 

and the Workforce by voice vote. The bill passed the House by a 

vote of 417–7, but was not considered in the Senate. 

On May 22, 2003, Representatives Phil Gingrey (R–GA), John 

Boehner (R–OH), Howard P. ‘‘Buck’’ McKeon (R–CA), and Joe Wilson (R–SC) introduced H.R. 2211, the Ready to Teach Act of 2003, 

to reauthorize teacher preparation provisions under title II of the 

Higher Education Act through fiscal year 2008. In June 2003, the 

Subcommittee on 21st Century Competitiveness considered H.R. 

2211 in legislative session and reported it favorably, as amended, 

to the Committee on Education and the Workforce by voice vote. 

On June 10, 2003, the Committee on Education and the Workforce 

considered H.R. 2211 in legislative session and reported it favorably, as amended, to the House of Representatives by voice vote. 

The bill passed the House by a vote of 404–17, but was not considered in the Senate. 

On September 11, 2003, Representatives Pete Hoekstra (R–MI), 

John Boehner (R–OH), Howard P. ‘‘Buck’’ McKeon (R–CA), James 

Greenwood (R–PA), Joe Wilson (R–SC), and Tom Cole (R–OK) introduced H.R. 3077, the International Studies in Higher Education 

Act of 2003, to reauthorize international education programs under 

title VI of the Higher Education Act through fiscal year 2009. The 

Subcommittee on Select Education considered H.R. 3077 in legislative session and reported it favorably, as amended, to the Committee on Education and the Workforce by voice vote. In September 

2003, the Committee on Education and the Workforce considered 

H.R. 3077 in legislative session and reported it favorably, as 

amended, to the House of Representatives by voice vote. In October, the bill was considered and passed under suspension of the 

Rules in the House. No action was taken in the Senate. 


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On September 11, 2003, Representatives Pete Hoekstra (R–MI), 

John Boehner (R–OH), Howard P. ‘‘Buck’’ McKeon (R–CA), Johnny 

Isakson (R–GA), Patrick Tiberi (R–OH), Joe Wilson (R–SC), and 

Tom Cole (R–OK) introduced H.R. 3076, the Graduate Opportunities in Higher Education Act of 2003, to reauthorize graduate education programs under title VII of the Higher Education Act 

through fiscal year 2009. The Subcommittee on Select Education 

considered H.R. 3076 in legislative session and reported it favorably as amended to the Committee on Education and the Workforce 

by voice vote. The Committee on Education and the Workforce considered H.R. 3076 in legislative session and reported it favorably 

as amended to the House of Representatives by voice vote. In October, the bill was considered and passed under suspension of the 

Rules in the House. No action was taken in the Senate. 

109TH CONGRESS

Hearings—First session 

In March 2005, the Committee on Education and the Workforce 

held a hearing in Washington, D.C., entitled, ‘‘Enforcement of Federal Anti-Fraud Laws in For-Profit Education.’’ The purpose of the 

hearing was to examine the effectiveness and enforcement of federal laws that exist to prevent fraud and abuse in for-profit education. 

The Subcommittees on Select Education and 21st Century Competitiveness held a hearing in Washington, D.C., in March 2005, 

entitled, ‘‘Tracking International Students in Higher Education: A 

Progress Report.’’ The purpose of the hearing was to learn about 

what had been accomplished in regard to the conditions under 

which individuals enter the country with the use of a student visa 

since the Subcommittees held joint hearings in October 2001, and 

September 2002. 

In April 2005, the Committee on Education and the Workforce 

held a hearing in Washington, D.C., entitled, ‘‘College Access: Is 

Government Part of the Solution, or Part of the Problem?’’ This 

hearing served as a forum to discuss the effects of ever-rising college tuition costs and to debate some of the possible solutions to 

this problem. The Subcommittee on Select Education also held a 

field hearing in April 2005 in Columbus, Ohio, entitled, ‘‘International Education and Foreign Language Studies in Higher Education.’’ The hearing was held to discuss international education 

and the respective programs under title VI of the Higher Education 

Act. Specifically, the Subcommittee sought to gather additional information about how institutions of higher education are working 

with local K–12 schools to promote international education opportunities. 

In May 2005, the Committee on Education and the Workforce, 

Subcommittee on Select Education, held a field hearing entitled, 

‘‘Expanding Opportunities for Graduate Study at Hispanic Serving 

Institution.’’ The hearing was to discuss the need for graduate education programs under title V of the Higher Education Act. Also in 

May 2005, the Subcommittee on Select Education, held a hearing 

entitled, ‘‘College Credit Mobility: Can Transfer of Credit Policies 

be Improved?’’ to discuss college credit mobility policies at the instiVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00211 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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tutional level, as well as to examine best practices at the state level 

on transfer of credits policies. 

The Committee on Education and the Workforce, Subcommittee 

on 21st Century Competitiveness, held a hearing in May 2005 in 

Washington D.C., entitled, ‘‘Challenges to American Competitiveness in Math and Science.’’ The purpose of the hearing was to explore how elementary and high schools are being creative with 

their math and science curricula to make these courses appealing 

to students. The hearing also examined what is being done at institutions of higher education to retain and graduate students who 

start their academic careers in math, science or engineering disciplines. 

Legislative action—First session 

On February 8, 2005, Representatives John Boehner (R–OH) and 

Howard P. ‘‘Buck’’ McKeon (R–CA) introduced H.R. 609, the College Access and Opportunity Act, to reauthorize the Higher Education Act (HEA) through fiscal year 2011. The Subcommittee on 

21st Century Competitiveness considered H.R. 609 in legislative 

session on Wednesday, July 13 and Thursday, July 14, 2005 and 

reported it favorably, as amended to the Committee on Education 

and the Workforce by a vote of 18–15. The Committee on Education 

and the Workforce considered H.R. 609 in legislative session on 

Wednesday, July 20, Thursday, July 21 and Friday, July 22, 2005 

and reported it favorably, as amended, to the House of Representatives, by a vote of 27–20, 1 present. H.R. 609 was passed by the 

House on March 30, 2006, by a vote of 221–199 (H. Rept. 109–231). 

S. 1614 was reported by the Senate, Health, Education, Labor and 

Pensions Committee on November 17, 2005, without a report. A report (S. Rept. 109–218) was subsequently filed on February 28, 

2006. The bill was not considered on the Senate Floor during the 

109th Congress. 

On February 2, 2005, Representatives Patrick Tiberi (R–OH), 

John Boehner (R–OH), Howard P. ‘‘Buck’’ McKeon (R–CA), Joe Wilson (R–SC), Peter Hoekstra (R–MI), and Ruben Hinojosa (D–TX) 

introduced H.R. 509, the International Studies in Higher Education 

Act of 2005, to reauthorize international education programs under 

title VI of the Higher Education Act through fiscal year 2011. In 

June 2005, the Subcommittee on Select Education considered H.R. 

509 in legislative session and reported it favorably, as amended, to 

the Committee on Education and the Workforce by voice vote. 

On February 2, 2005, Representatives Patrick Tiberi (R–OH), 

John Boehner (R–OH), Howard P. ‘‘Buck’’ McKeon (R–CA), Vernon 

Ehlers (R–MI), Joe Wilson (R–SC), Peter Hoekstra (R–MI), and 

Ruben Hinojosa (D–TX) introduced H.R. 510, the Graduate Opportunities in Higher Education Act of 2005, to reauthorize graduate 

education programs under title VII of the Higher Education Act 

through fiscal year 2011. In June 2005, the Subcommittee on Select 

Education considered H.R. 510 in legislative session and reported 

it favorably, as amended, to the Committee on Education and the 

Workforce by voice vote. 

110TH CONGRESS

As a result of the national Congressional elections in November 

2006, the House of Representatives has transitioned from a body 


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led by a Republican Majority to a body led by a Democratic Majority. One of the consequences of the realignment was the restructuring of the Committee. The former Committee on Education and 

the Workforce and the Subcommittee on 21st Century Competitiveness have been renamed as the Committee on Education and Labor 

and the Subcommittee on Higher Education, Lifelong Learning and 

Competitiveness, respectively. 

Hearings—First session 

On Thursday, March 8, 2007, the Committee on Education and 

Labor, Subcommittee on Higher Education, Lifelong Learning and 

Competitiveness, held a hearing in Washington, D.C., on ‘‘The 

State of Higher Education: How Students Access and Finance a 

College Education’’. This was the first in a series of hearings leading to the reauthorization of the Higher Education Act of 1965 as 

amended. The purpose of the hearing was to hear testimony on 

whether students graduate with the skills they need to be successful in the workplace; whether all students are college ready and 

have an opportunity to attend some form of post secondary education; and, whether the cost of tuition is pricing students and families out of higher education. Testifying before the Subcommittee 

were Mr. James Merisotis, President, Institute for Higher Education Policy, Washington, D.C.; Dr. David Breneman, Dean and 

Professor, Curry School of Education, Charlottesville, VA.; Mr. Ross 

Wiener, Vice President for Program and Policy, Education Trust, 

Washington, D.C.; and Mr. Dan Soifer, Executive Vice President, 

Lexington Institute, Arlington, VA. 

On Thursday, March 22, 2007, the Committee on Education and 

Labor, Subcommittee on Higher Education, Lifelong Learning and 

Competitiveness, held a hearing in Washington, D.C., on ‘‘The 

Higher Education Act: Approaches to College Preparation’’. The 

purpose of the hearing was to hear testimony on how college preparation programs complement student aid by providing services and 

incentives for eligible students to increase their secondary and 

postsecondary attainment. Testifying before the Subcommittee 

were Dr. Maria Martinez, Director, Center for Academic Programs, 

University of Connecticut, Storrs-Mansfield, Connecticut; Mr. Dane 

Linn, Director, Education Division, Center for Best Practices, National Governors Association, Washington, D.C.; Dr. Martha Cantu, 

Director, GEAR UP Program, University of Texas, Pan American, 

Edinburg, Texas; Mr. J.B. Schramm, Founder and CEO, College 

Summit, Washington, D.C. 

On Wednesday, April 25, 2007, the Committee on Education and 

Labor held a hearing in Washington, D.C., on ‘‘Examining Unethical Practices in the Student Loan Industry. The purpose of the 

hearing was to hear testimony from New York Attorney General 

Andrew M. Cuomo regarding his investigation into the relationships between schools and student loan lenders in light of allegations of unethical practices and conflicts of interests in the student 

loan industry. Testifying before the Committee was the Honorable 

Andrew M. Cuomo, New York State Attorney General. 

On Tuesday, May 1, 2007, the Committee on Education and 

Labor, Subcommittee on Higher Education, Lifelong Learning and 

Competitiveness, held a hearing in Washington, D.C., on ‘‘Paying 

for a College Education: Barriers and Solutions for Students and 


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Their Families’’. The purpose of the hearing was to hear testimony 

on the financial and programmatic factors students and their families need to consider as they develop plans for enrolling and persevering towards degree completion. Testifying before the Subcommittee were Dr. Dallas Martin, President of the National Association of Student Financial Aid Administrators, Washington, D.C.; 

Dr. Claude Pressnell, Member of the Federal Advisory Committee 

on Student Financial Assistance, Washington, D.C.; Mr. Luke 

Swarthout, U.S. Public Interest Research Group, Washington, D.C.; 

Mr. James A. Boyle, President, College Parents of America, Arlington, Virginia. 

On Thursday, May 10, 2007, the Committee on Education and 

Labor held a hearing in Washington, D.C., on ‘‘Accountability for 

the Department of Education’s Oversight of Student Loans and the 

Reading First Program’’. The purpose of the hearing was to hear 

testimony on the oversight and management by the Department of 

Education of the federal student loan and Reading First programs 

and any regulatory or legislative actions that may be necessary to 

address issues of concern. Testifying before the Committee was the 

Honorable Margaret Spellings, Secretary of the United States Department of Education. 

On Tuesday, May 15, 2007, the Committee on Education and 

Labor held a hearing in Washington, D.C., on ‘‘Best Practices for 

Making College Campuses Safe’’. The purpose of the hearing was 

to hear testimony on campus safety, including current provisions of 

the Higher Education Act, emerging technologies, and preventative 

measures that may ensure student and staff safety on campus. Testifying before the Committee were Steven Healy, Director, Department of Public Safety, Princeton University, Princeton, New Jersey; Dr. Louanne Kennedy, former Provost, California State University of Northridge, Northridge, California; Dr. Dewey Cornell, 

Director of the Virginia Youth Violence Project, University of Virginia, Charlottesville, Virginia; Dr. Jan Walbert, Vice President for 

Student Affairs, Arcadia University, Glenside, Pennsylvania. 

On Thursday, May 17, 2007, the Committee on Education and 

Labor, Subcommittee on Higher Education, Lifelong Learning and 

Competitiveness, held a hearing in Washington, D.C., on ‘‘Preparing Teachers for the Classroom: The Role of the Higher Education Act and No Child Left Behind’’. The purpose of the hearing 

was to hear testimony on how title II of the Higher Education Act 

and title II of the No Child Left Behind Act interact to provide high 

quality teachers for our national public school system. Testifying 

before the Subcommittee were Mr. George Scott, Director, Education, Workforce and Income Security Issues, General Accountability Office, Washington, D.C.; Dr. Sharon Robinson, President, 

American Association of Colleges for Teacher Education, Washington, D.C.; Dr. Janice Wiley, Deputy Director for Instruction, Region I Education Service Center, Edinburg, Texas; Dr. Daniel 

Fallon, Project Director, Carnegie Corporation, New York City; Dr. 

Emily Feistritzer, President, National Center for Alternative Certification, Washington, D.C. 

On Monday, June 4, 2007, the Committee on Education and 

Labor, Subcommittee on Higher Education, Lifelong Learning and 

Competitiveness held a field hearing in Austin, Texas on ‘‘Higher 

Education Act: Institutional Support for Colleges and Universities 


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under Title III and Title IV’’. The purpose of the hearing was to 

hear testimony on how the federal programs support Historically 

Black Colleges and Universities and other Minority-Serving Institutions under both titles. Testifying before the Subcommittee were 

Dr. Stephen B. Kinslow, President, Austin Community College District, Austin, Texas; Mr. George Scott, Director, Education, Workforce and Income Security, Washington, D.C.; Dr. Larry L. Earvin, 

President, Huston-Tillotson University, Austin, Texas; Ms. Olivia 

Vanegas-Funcheon, President, Tohono O’odham Community College, Sells, Arizona. 

On Tuesday, June 19, 2007, the Committee on Education and 

Labor, Subcommittee on Higher Education, Lifelong Learning and 

Competitiveness, held a hearing in Washington, D.C., on ‘‘Building 

on the Success of 35 Years of Title IX’’. The purpose of the hearing 

was to hear testimony on how title IX of the Educational Amendments of 1972 has helped girls and women attain success and freedom from discrimination in academic, athletic and workforce opportunities. Testifying before the Subcommittee were Ms. Marcia D. 

Greenberger, Co-President of the National Women’s Law Center, 

Washington, D.C.; Lisa M. Maatz, Director of Public Policy and 

Government Relations, American Association of University Women, 

Washington, D.C.; Mr. Jack Mowatt, Commissioner of MarylandDC Amateur Softball Association, Gambrills, Maryland; Ms. Margaret Edith Layne, Program Director, AdvanceVT, Virginia Tech 

University, Blacksburg, Virginia; Mr. Eric Pearson, President, College Sports Council, Washington, D.C.; and Dr. Rita Simon, Professor, American University, Washington, D.C. 

On Friday, June 29, 2007, the Committee on Education and 

Labor, Subcommittee on Higher Education, Lifelong Learning and 

Competitiveness held a joint hearing with the Foreign Affairs, Subcommittee on International Organizations, Human Rights and 

Oversight in Washington D.C. on ‘‘International Students and Visiting Scholars: Trends, Barriers, and Implications for American 

Universities and U.S. Foreign Policy’’. The purpose of the hearing 

was to hear testimony on how government officials, colleges and 

universities and other entities can encourage greater numbers of 

scholars from abroad to participate in programs in the United 

States. Testifying before the Subcommittees were The Honorable 

Thomas A. Farrell, Deputy Assistant Secretary for Academic Programs, Bureau of Educational and Cultural Affairs, United States 

Department of State; The Honorable James Manning, Acting Assistant Secretary for Postsecondary Education, Department of Education; Mr. George Scott, Director, Education, Workforce, and Income Security Team, Government Accountability Office; Ms. Adina 

Fisher, Founding Director, African New Era Organization, American University, Washington, D.C.; Ms. Katherine S. Bellows, Executive Director, Office of International Programs, George Washington University, Washington, D.C.; Dr. Phillip O. Grier, Executive Director, Davis United World College Program, Middlebury 

College, Middlebury, Vermont; Ms. Marlene Johnson, Executive Director and CEO, NAFSA: Association of International Educators, 

Washington, D.C.; Dr. Jerry M. Melillo, Director, The Ecosystems 

Center, Marine Biology Laboratory, Providence, Rhode Island; and 

Ms. Jessica Vaughan, Senior Policy Analyst, Center for Immigration Studies, Washington, D.C. 


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On Friday, September 21, 2007, the Committee on Education and 

Labor, Subcommittee on Higher Education, Lifelong Learning and 

Competitiveness, held a field hearing on the campus of California 

State Polytechnic University in Pomona, California. The hearing 

was on ‘‘Examining Competitiveness Through Science, Technology, 

Engineering and Math’’. The purpose of the hearing was to hear 

testimony on important federal, state and local efforts to maintain 

and improve economic competitiveness by supporting a capable and 

scientific workforce and education system. Testifying before the 

Subcommittee were Dr. Charles Reed, Chancellor of the California 

State University System, Long Beach, California; Dr. Warren 

Baker, President, California Polytechnic State University, San Luis 

Obispo, California; Dr. Frederick Tarantino, Executive Director, 

Universities Space Research Association, Columbia, Maryland; Dr. 

Marshall Drummond, Chancellor, Los Angeles Community College 

District, Los Angeles, California; Dr. Todd Ullah, Director of Secondary Science Programs, Los Angeles Unified School District, Los 

Angeles, California; and Dr. Susan Hackwood, Executive Director, 

California Council on Science and Technology, Riverside, California. 

On Thursday, November 1, 2007, the Committee on Education 

and Labor held a hearing in Washington, D.C., on ‘‘Barriers to 

Equal Educational Opportunities: Addressing the Rising Costs of a 

College Education’’. The purpose of the hearing was to hear testimony on the causes and potential remedies of rising college costs. 

Testifying before the full Committee were Dr. John E. Bassett, 

President, Clark University, Worcester, Massachusetts; Jane V. 

Wellman, Executive Director, Delta Project on Postsecondary Costs, 

Productivity, and Accountability, Washington, D.C.; Dr. F. King Alexander, President, California State University Long Beach, Long 

Beach, California. 

Legislative action 

The Committee on Education and Labor considered H.R. 4137 in 

legislative session on Wednesday, November 14 and Thursday, November 15, 2007 and reported it favorably, as amended, to the 

House of Representatives, by a vote of 45–0. The Committee considered and adopted the following amendments to H.R. 4137: 

• Representative Miller (D–CA) offered an amendment to make 

changes to the legislation. Specifically, the amendment allows 

international nursing schools to be eligible for participation in title 

IV programs if they have a clinical program in the United States, 

only certify Unsubsidized and Graduate PLUS loans, and refund 

the government for defaults over 5 percent. Also, within the National Advisory Committee on Institutional Quality and Integrity, 

the amendment restores provision under current law for accreditation of distance education programs, eliminates the provisions on 

the Secretary’s designee to the committee and allows, in order to 

account for transition time, the revised advisory board to start on 

January 1, 2009. With regard to overall college costs, the amendment amends the state maintenance of effort to be benchmarked on 

either the average appropriations over the last five years or the 

last year’s appropriation. The amendment adjusts textbook provisions by making the provisions effective on July 1, 2008. In the 

Sunshine section of the bill, the amendment further clarifies that 


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college and university presidents are not prohibited from serving 

on the board of trustees for banks and other relevant institutions. 

The amendment eliminates the provision of loan information requiring private loan lenders to ensure that the institution has notified students of their remaining options under the Federal Family 

Education Loan Program (FFELP) because it is duplicative with 

the provisions included in title X of the bill. The amendment allows 

lenders to provide institutions with staffing and other assistance 

during times of national emergency, such as during and in the 

aftermath of Hurricane Katrina. Concerning teacher education, the 

amendment clarifies that programs focused on alternative routes to 

state certification are eligible partners; ensures that partnership 

grantees identify how they will prepare teachers to teach students 

with Limited English Proficiency; ensures that participants in the 

teacher residency program consider individuals from underrepresented populations in the teaching profession in admissions; creates a new partnership authority to attract minority candidates to 

seek careers in teaching; and adds a rule of construction to ensure 

that this does not hinder collective bargaining. The amendment increases the authorization for Historically Black Colleges and Universities Capital Financing Program to accommodate new applicants. The amendment directs the Gaining Early Awareness and 

Readiness for Undergraduate Program (GEAR UP) grantees to give 

priority to foster and homeless youth, in addition to the current 

law priority categories. The amendment clarifies that third-party 

servicers may only receive student loan information about students 

attending or who have attended institutions by which they are or 

were employed, and ensures that the servicers may not share or 

transfer the information to other parties. The amendment incorporates S. 1167, to provide loan repayment for civil legal assistance 

attorneys. The amendment directs guaranty agencies to develop 

and make available education programs and materials for students 

and families regarding financial management, including debt management and other aspects of financial literacy. The amendment 

adds campus safety provisions to ensure that campuses have policies regarding immediate responses to emergency situations. The 

amendment requires institutions to have a protocol for notifying an 

individual identified by the student as an emergency contact if the 

student is reported missing for more than 24 hours. The amendment requires institutions to have a protocol for safely disposing of 

computers in a manner that protects the privacy of the data. The 

amendment clarifies that the 90/10 provisions in the program participation agreement only apply to for-profit institutions and allows 

revenue from additional sources of funds from accredited, but not 

title-IV eligible, programs to count as part of the 10 percent of nontitle IV revenue. The amendment removes the provision that 

accreditors need to certify that institutions of higher education 

comply with all reporting and notification requirements. The 

amendment increases the number of consumer representatives on 

the Advisory Commission on Accessible Instructional Materials and 

clarifies responsibilities of the Commission. The amendment authorizes a study on the effect of postsecondary education on offenders. The amendment authorizes a National Undergraduate Fellows 

Program to provide fellowships to undergraduate students to imVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00217 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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prove the degree completion rates of students currently underrepresented in those rates. The amendment was adopted by voice vote. 

• Representative Walberg (R–MI) offered an amendment to ensure that accrediting bodies respect the mission of the institution 

during institutional reviews. The amendment was adopted by voice 

vote. 

• Representative Petri (R–WI) offered an amendment to require 

the Secretary of Education to consult the U.S. Attorney General before entering into a settlement agreement. The amendment was 

adopted by unanimous consent. 

• Representatives Altmire (D–PA) and Woolsey (D–CA) offered 

an amendment to provide grants to colleges to create business 

workforce partnerships. The amendment was adopted by a vote of 

24–16. 

• Representatives Timothy Bishop (D–NY), McCarthy (D–NY), 

and Clarke (D–NY) offered an amendment to expand the exemption 

for the higher education watch list to schools whose full price increase is an average of the higher education price index plus $500 

per year. The amendment was adopted by unanimous consent. 

• Representative Keller (R–FL) offered an amendment to prohibit individuals who are subject to an involuntary civil commitment upon completion of a period of incarceration for a sexual offense from being eligible for a Pell Grant. The amendment was 

adopted by voice vote. 

• Representatives Hare (D–IL) and Loebsack (D–IA) offered an 

amendment to create partnerships grants for the development of 

leadership programs under title II. The amendment was adopted 

by voice vote. 

• Representatives Grijalva (D–AZ) and Bishop (D–NY) offered 

an en bloc amendment to modify the way the cohort default rate 

is calculated. An amendment was also included to require student 

loan counseling. The amendment was adopted by voice vote. 

• Representative Foxx (D–NC) offered an amendment to prohibit the Department of Education from developing or maintaining 

a federal database of student information. The amendment was 

adopted by voice vote. 

• Representatives Danny Davis (D–IL), Souder (R–IN), Scott 

(D–VA), Clarke (D–NY) and Payne (D–NJ) offered an amendment 

to create a discretionary grant program to assist and encourage incarcerated individuals in state and federal prisons to acquire educational and job skills. The amendment was adopted by voice vote. 

• Representative Holt (D–NJ) offered an amendment to create, 

within the Department of Education, an Assistant Secretary of 

International and Foreign Language Education and an Office of 

International and Foreign Language Education. The amendment 

was adopted by voice vote. 

• Representatives Price (R–GA) and Boustany (R–LA) offered 

an amendment to commission a Government Accountability Office 

(GAO) study of education related indebtedness of medical school 

graduates. The amendment was adopted by unanimous consent. 

• Representative Andrews (D–NJ) offered an amendment to revise the reporting requirements for institutions of higher education 

that are also title VI grantees, with respect to the donations the 

institutions receive. The amendment was adopted by voice vote. 


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• Representative Andrews (D–NJ) offered an amendment to 

strike language in section 496 with respect to setting standards for 

institutions of higher education. The amendment was adopted by 

unanimous consent. • Representative Price (R–GA) offered an amendment to direct 

the Secretary of Education to contract with an independent organization to conduct a financial and compliance audit of Direct Loan 

portfolio and Direct Loan servicing contracts. The amendment was 

adopted by unanimous consent. • Representative Andrews (D–NJ) offered an amendment to require institutions of higher education that require veterans to 

apply for readmission to submit to the Secretary a statement justifying such requirement. The amendment was adopted by unanimous consent. • Representative David Davis (R–TN) offered an amendment to 

limit a student’s Pell Grant eligibility to the equivalent of eighteen 

semesters or twenty-seven quarters, as determined by the Secretary. The amendment was adopted by unanimous consent. • Representative Kuhl (R–NY) offered an amendment to recognize the Rochester Institute of Technology as the institution responsible for operating the National Technical Institute for the 

Deaf under the Education of the Deaf Act. The amendment was 

adopted by unanimous consent. • Representative Walberg (R–MI) offered two amendments en 

bloc to provide for additional transparency between accrediting 

agencies and institutions during the accreditation review process 

and ensure that accrediting agencies are using clear, consistent 

and known standards in reviewing institutions. The en bloc amendment was adopted by unanimous consent. • Representative Souder (R–IN) offered two amendments en 

bloc to ensure that students are informed about the penalties associated with a drug conviction while the student is receiving federal 

aid and to permit students to regain their eligibility by passing two 

random drug tests. The en bloc amendment was adopted by unanimous consent. 

• Representative Scott (D–VA) offered an amendment to create 

an appeal process for TRIO programs. The amendment was adopted by a vote of 29–15. 

• Representative Rob Bishop (R–UT) offered an amendment to 

prohibit a federal government entity or contractor from mandating, 

directing, controlling, or suggesting a specific curriculum for teacher education programs. The amendment was adopted by unanimous 

consent. 

• Representative Scott (D–VA) offered an amendment to rename Centers of Excellence as the Honorable Augustus F. Hawkins 

Centers of Educational Excellence. The amendment was adopted by 

unanimous consent. 

• Representative Hoekstra (R–MI) offered an amendment to 

make adjustments to the membership of the National Advisory 

Committee on Institutional Quality and Integrity and ensure that 

NACIQI will not deny recognition based on standards that are not 

outlined in section 496. The amendment was adopted by unanimous consent. 

• Representative Wu (D–OR) offered an amendment to require 

the Department of Education to ensure that all Department publiVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00219 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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cations contain no more than four digits of an individual’s Social 

Security Number. The amendment was adopted by unanimous consent. 

• Representative Yarmuth (D–KY) offered an amendment to establish a non-profit National Center for Learning and Science and 

Technology to focus on research and development in education. The 

amendment was adopted by voice vote. 

III. SUMMARY OF THE BILL

TITLE I: GENERAL PROVISIONS

Dually enrolled students 

H.R. 4137 amends the definition of an institution of higher education to permit institutions to admit students who are dually or 

concurrently enrolled in the institution and a secondary school. 

Foreign medical schools 

The bill allows foreign medical schools to be eligible for federal 

aid if they have a clinical training program approved prior to January 1, 2008, certify only unsubsidized Stafford or PLUS loans, and 

agree to reimburse the Secretary for the cost of any defaulted loan 

in the institution’s cohort default rate during the previous fiscal 

year. It also allows foreign nursing schools to be eligible for federal 

aid if they have agreements with hospitals and nursing programs 

located within the United States, have students complete their 

training in the United States, certify only unsubsidized Stafford 

and PLUS loans, and agree to reimburse the Secretary for the cost 

of any student loan defaults if the institution’s cohort default rate 

exceeds 5 percent. 

National Advisory Committee on Institutional Quality and Integrity 

(NACIQI) 

The NACIQI advises the Secretary of Education on matters related to accreditation and the eligibility and certification process 

for institutions of higher education. Under current law, the Secretary appoints members of NACIQI for three-year terms of office. 

H.R. 4137 increases the committee membership to eighteen members, with six members appointed by the Secretary, six members 

appointed by the House of Representatives (three appointed by the 

majority leader and three by the minority leader), and six members 

appointed by the Senate (three appointed by the majority leader 

and three by the minority leader). 

College costs 

H.R. 4137 includes: 

A state maintenance of effort to make college more affordable: 

The bill ensures that states maintain their own level of college financing—to ensure that they fulfill their end of the bargain to 

make a quality college education affordable to all students. Under 

this section, states risk losing funds under the newly created 

‘‘Grants for Access and Persistence’’ (GAP grants) if they fail to 

meet the state maintenance of effort. For those states that have 

specific fiscal challenges, the bill includes a waiver that may be 

awarded at the discretion of the Secretary. 


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Also included in the bill is a requirement for a report on the 

state appropriations, including a comparison of the percentage 

change in state appropriations per enrolled student in public institutions of higher education to the percentage change in tuition and 

fees for each public institutions of higher education for each of the 

five previous years. 

Consumer Friendly Information and Transparency: The bill includes a provision for the creation of a national list and reporting 

system by institutions of higher education. Specifically, the bill requires the Secretary to publish annually a list that allows individuals to sort information by state or type of institution. The list will 

also include rankings for institutions based on their changes in tuition and fees over the preceding three years. Institutions whose increase in tuition and fees exceeds that of its applicable higher education price index will be placed on the ‘‘Higher Education Price Increase Watch List.’’ For institutions placed on the Watch List, the 

bill requires schools to create a Quality Efficiency Task Force 

which will examine the institution’s operating costs as compared to 

other similarly situated institutions and make recommendations on 

how the institution can create more efficiencies to help hold down 

costs. 

University and College Accountability Network (U–CAN): H.R. 

4137 includes a provision for the creation of a model document, the 

University and College Accountability Network (U–CAN). This 

model document may be used by institutions to annually report 

basic institutional information. 

Higher Education Price Index: The bill requires the Bureau of 

Labor Statistics (BLS) to develop higher education price indices 

(HEPI) that accurately reflect the annual change in tuition and 

fees for undergraduate students enrolled in specific types of institutions (e.g., four-year public degree-granting). 

Textbook costs 

The bill directs college textbook publishers to provide pricing information to faculty and other personnel when they are making 

purchasing decisions and to provide combined or ‘‘bundled’’ materials separately. H.R. 4137 also directs institutions and college 

bookstores to provide textbook information to students early (in 

course catalogs and online) so that they are aware of the textbook 

costs associated with each course when they are making course selections each semester. 

Student loan Sunshine—Private student loans 

H.R. 4137 incorporates the bi-partisan Sunshine Act (H.R. 890) 

into the bill. It incorporates changes to address concerns that the 

original bill may have unintentionally prohibited College Presidents from serving on a Bank’s board of directors (and vice-versa), 

despite the absence of a conflict of interest. Further, rather than 

imposing an out-right ban on all opportunity pools, the bill retains 

the ban on lenders offering opportunity pools as a quid pro quo for 

placement on a preferred lender list or for a specified loan volume. 

The bill subjects any other opportunity pool arrangements to enhanced reporting and disclosure requirements and requires that 

schools provide students with the choice of multiple lenders, ending 


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past practices that resulted in students being directed to a single 

lender. 

Feasibility study on a national electronic student loan marketplace 

H.R. 4137 includes a requirement for a study on the feasibility 

of developing a marketplace for students and families to explore 

the best options with respect to federal and private student loans. 

TITLE II: TEACHER QUALITY ENHANCEMENT

Partnership grants 

The bill revises the current structure of the teacher education 

provisions by consolidating the three main programs (state, recruitment, and partnership grants) into one partnership program. The 

partnership grants permit funds for new initiatives including the 

establishment of induction programs, a residency model, and mentoring for new teachers. The partnership grants also include greater accountability to ensure both that states develop standards for 

their teacher education programs, and that these standards and information on the particular programs are reported to the Department of Education. 

Preparing teachers for digital age learners 

H.R. 4137 retains the goal of PT3 but revises the section to focus 

not only on ensuring that teacher candidates can integrate technology in the classroom, but also may assess the use of this technology. 

Recruitment 

The bill creates a new initiative aimed at recruiting and retaining individuals to enter and remain in teaching, particularly in the 

high demand fields such as science, technology, math, foreign languages, and special education. 

Community colleges and teacher education 

Because community colleges frequently serve as a pipeline to 

higher education for underrepresented populations, a new initiative 

in H.R. 4137 encourages partnerships between two-year and fouryear teacher preparation programs. The focus is on ensuring transition is from the two-year to the four-year teacher education program and on exposing teacher education students to the classroom 

environment early on. 

Teach For America 

H.R. 4137 includes the authorization of Teach For America to encourage the recruitment and training of talented undergraduate 

students to enter into the teaching profession. 

Honorable Augustus F. Hawkins Centers of Excellence 

H.R. 4137 establishes new Centers of Excellence to provide 

grants to HBCUs and other Minority Serving Institutions (MBIs) 

to improve teacher quality and preparation. 


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Early childhood education task force and career ladder 

The bill includes newly created state-based task forces on early 

childhood education with the goal of creating comprehensive state 

systems. In addition to creating statewide systems, the program 

encourages a focus on ensuring a well educated and compensated 

workforce. 

National Academy of Science—Study on best practices in teacher 

education 

H.R. 4137 calls for a study by the National Academy of Sciences 

to develop best practices in teacher education. 

TITLE III: INSTITUTIONAL AID

Predominantly Black Institutions, Asian-Pacific Islander Serving 

Institutions 

The bill establishes new designations within title III: 

• Predominantly Black Institutions (PBIs) as institutions that 

have an enrollment of financially needy undergraduate students; 

an enrollment of undergraduate students at least 40 percent of 

whom are African American; and, that has at least 1,000 undergraduate students of whom not less than 50 percent enrolled at the 

institution are low-income or first generation and registered in a 

BA or AA program leading to a degree. • Asian and Pacific Islander Serving Institutions as institutions 

that have an enrollment of undergraduate students that is at least 

10 percent Asian American and Pacific Islander and that have a 

significant enrollment of financially needy students. 

Native Americans 

The bill makes modest changes to current law with respect to 

Tribally Controlled Colleges. Additionally, it creates a designation 

for Native American Non-Tribal institutions which are institutions 

that (1) have an enrollment of undergraduate students that is not 

less than 10 percent Native American students and (2) are not already designated as a Tribal College or University under section 

316 of the Higher Education Act. 

Historically Black Colleges and Universities (HBCUs) 

In addition to several technical changes, H.R. 4137 amends Part 

B to allow HBCUs to acquire property, provide financial literacy, 

and seek technical assistance. Additionally, the bill adds six graduate programs, namely Alabama State, Bowie State, Delaware 

State, Langston University, Prairie View A&M, and the University 

of the District of Columbia School of Law. Finally, this section provides waiver to allow schools affected by the Gulf Coast hurricanes 

to be held harmless at the enrollment levels prior to the hurricanes. 

Minority Science and Engineering Improvement (MSEI) Program 

H.R. 4137 adds a new initiative to the current MSEI program to 

support the participation of underrepresented minority youth in 

science, technology, engineering, and mathematics through outreach and hands-on experiential-based learning projects. The bill 

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ties to enter the fields of science, technology, engineering, and 

mathematics. 

TITLE IV: STUDENT ASSISTANCE

Pell grants 

The bill increases the authorized maximum Pell grant award 

from $5,800 under current law to $9,000. The bill also allows the 

Pell grant to be used year round, for certificate programs, and by 

part-time students. The bill limits student eligibility for the Pell 

grant to eighteen semesters or twenty-seven quarters (or its equivalent if the student attends part time). 

AC/SMART grants 

The bill includes changes to allow legal permanent residents in 

certificate programs and those attending part-time to receive AC/ 

SMART grants. The bill also amends the definition of the academic 

year. The bill amends the SMART Grant program to clarify that 

a student pursuing eligible courses of study at an institution where 

students do not declare majors is eligible for the program. 

TRIO 

The bill includes outcome measures and evaluation criteria for 

the TRIO programs. It also retains a provision to prohibit the Department of Education from implementing the absolute priority 

and evaluation in the Upward Bound program that was adopted in 

the Committee on Education and Labor during the budget reconciliation 19 process (H.Rpt. 110–210). H.R. 4137 allows non-funded applicants to appeal funding decisions to an administrative law 

judge. 

Campus based aid 

The bill provides for cancellation of Perkins loans for firefighters 

and librarians. H.R. 4137 also clarifies the definition of an early 

childhood educator. Additionally, the bill includes provisions to 

help sustain the Perkins loan program. It also reauthorizes the 

Supplemental Education Opportunity Grants (SEOG) and the Work 

Study program. 

Byrd Scholarship Program 

The bill reconstructs the Byrd Scholarship Program to focus on 

persuading students to earn degrees in the fields of math and 

science. The program is authorized to develop a Math & Science 

Honors Scholarship Fund and a Math and Science Incentive Program. The Math and Science Honors Scholarship Fund provides 

funds to a nonprofit entity to develop the Fund, which may provide 

scholarships to students who commit to complete five consecutive 

years of service in a math or science field after graduation. The 

Math and Science Incentive Program provides for the forgiveness 

of up to $5,000 of the interest that accumulates on a student’s loan 

if the student agrees to work for five consecutive years in a math 

or science field. 


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Loan forgiveness 

The bill includes a new $10,000 loan forgiveness program for individuals serving in high-needs areas. These qualified individuals 

are eligible for up to $2,000 in loan forgiveness each year for five 

years. Eligible professions are: early childhood educators, nurses, 

foreign language specialists, librarians, teachers, speech-language 

pathologists, national service participants, school counselors, public 

sector employees, nutrition professionals, medical specialists, and 

mental health professionals. 

Additionally, the bill includes further clarification of the public 

service definition in the ten year loan forgiveness program established by the College Cost Reduction and Access Act (P.L. 110–84) 

to specifically add nurses, allied health professionals, and early 

childhood educators. 

EZ–FAFSA 

The bill simplifies the Free Application for Federal Student Aid 

(FAFSA) and ensures that students and families begin to receive 

aid information earlier in the college application process. Specifically, the bill: 

• Encourages the Secretary to reduce the number of questions 

required to be answered by the applicant by 50 percent in the next 

five years. 

• Creates a two-page FAFSA–EZ form for students and families 

who qualify for the ‘‘auto-zero’’ family contribution. 

• Streamlines the reapplication process so that applicants must 

only provide updated data in subsequent years, rather than re-filing a new FAFSA. 

• Directs the Secretary to implement a system that allows students and families, in the years before they apply for aid, to enter 

and update information and receive estimates of their Expected 

Family Contribution (EFC), as well as an estimated amount of aid. 

• Includes a Sense of the Congress that the Department of Education and the Internal Revenue Service work together to use information the government already has with respect to students and 

families. 

Students with intellectual disabilities 

The reauthorization includes eligibility for Pell grants, workstudy programs, and SEOG for students with intellectual disabilities who demonstrate financial need, even if they are enrolled in 

non-degree higher education programs. 

Peer-to-Peer file sharing on campus 

The bill requires institutions to report their policies with respect 

to copyright infringement and illegal peer-to-peer file sharing/ 

downloading and any procedures to address the infractions. Additionally the bill includes a grant program for consortia of institutions to explore innovative ways to curtail and prevent illegal 

downloading. 

Articulation agreements and transfer of credit 

The bill encourages states to develop and implement comprehensive articulation agreements among institutions of higher education 


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over the next two years, and directs the Secretary to provide technical assistance. 

The bill also requires institutions to fully disclose the transfer of 

credit policies for current and prospective students. 

The ‘‘90/10 Rule’’ 

The bill strikes from the statutory definition of an institution of 

higher education the provision that a for-profit school must derive 

no more than 90 percent of its revenue from federal title IV student aid programs. Instead, the bill makes this provision a requirement of a school’s title IV program participation agreement with 

the Secretary. In addition, the bill clarifies and provides additional 

flexibility with respect to the types of revenue that count toward 

the 10 percent of revenues that must come from non-title IV 

sources. In particular, the bill provides that schools may count 

funds from 529 college savings plans, and activities conducted by 

the school (to the extent they are not included in schools’ tuition, 

fees, and charges) that are necessary for the education or training 

of students enrolled in educational programs, as well as institutional aid and scholarships (to the extent such aid comes from established restricted accounts and the funds in such accounts represent designated funds from an outside source or from income 

earned on 21 those funds). In addition, the bill removes the automatic termination of a school’s title IV program eligibility after a 

single violation of the 90/10 rule. 

The bill also includes additional safeguards, transparency, reporting and increased sanctions for violating the rule. The Secretary will have the authority to require increased monitoring and 

reporting requirements. Further, if a school violates the rule two 

consecutive years, the school will lose eligibility to participate in 

federal student aid programs for a minimum of three years. H.R. 

4137 also provides for public disclosure of schools that violate the 

rule in any given year. Moreover, the bill requires that the Secretary annually report to the appropriate Congressional committees 

for each school the calculation of the school’s revenue from federal 

student aid programs. 

Accreditation 

H.R. 4137 requires an accrediting agency that already 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 

programs in the same areas in which it evaluates classroom-based 

programs. 

To ensure that accreditors, institutions of higher education and 

other organizations have a means to express their concerns about 

accreditation issues, the bill includes the creation of an ombudsman. 

The bill also provides that information about investigations of institutions of higher education will not be made public until the 

final ruling. This process is consistent with the process followed by 

the Securities and Exchange Commission in its investigations. 


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Auction 

The bill includes a study of the loan auction included as part of 

the College Cost Reduction and Access Act (P.L. 110–84). The bill 

requires the to assess other types of potential auction mechanisms 

for other federal student loans in addition to Parent Plus loans. 

TITLE V: DEVELOPING INSTITUTIONS

Hispanic Serving Institutions (HSI) 

The bill includes a new program to boost graduate opportunities 

for Hispanics. Under the new graduate HSI program, the Secretary 

is authorized to award grants to institutions that offer graduate degrees to enable the institutions to purchase, rent or lease equipment; construct, maintain or renovate classrooms, labs and libraries; purchase books, journals, etc; provide graduate students with 

fellowships, scholarships and academic support; or support faculty 

exchanges, etc. 

TITLE VI: INTERNATIONAL EDUCATION PROGRAMS

Graduate and undergraduate language and area centers and programs 

The bill promotes linkages between two and four year colleges as 

well as partnerships between local education agencies and individual schools. 

Promoting foreign service 

H.R. 4137 aims to increase the participation of underrepresented 

populations in the international service arena by encouraging collaboration with HBCUs and other MBIs. 

Early foreign language instruction 

The bill establishes grants for foreign language partnerships between local school districts and foreign language departments at institutions of higher education. 

Foreign languages and technology 

H.R. 4137 includes grants to institutions of higher education to 

develop programs for the teaching of foreign languages. 

Federal marketing campaign 

The bill includes a marketing campaign to encourage high school 

students to study foreign languages. 

Reporting 

The bill includes a reporting requirement by title VI recipients 

of any funds provided by foreign governments or entities, in excess 

of $1 million, intended for indirect or direct use by a title VI center 

or program. 

TITLE VII: GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Jacob K. Javits fellowships 

These fellowships are awarded to students of superior ability selected on the basis of demonstrated achievement, financial need, 

and exceptional promise for graduate study in the arts, humanities, 


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and social sciences. The fellowships are awarded to students who 

are eligible to receive any grant, loan, or work assistance, and who 

intend to pursue a doctoral degree. H.R. 4137 includes clarifications with respect to stipends and allowances. 

Graduate assistance in areas of national need 

Currently, these fellowships are awarded to academic departments and programs at institutions of higher education that provide courses of study leading to a graduate 23 degree in order to 

enable such institutions to provide assistance to graduate students 

who are studying in areas of national need. H.R. 4137 includes a 

priority for grants aimed at preparing professors to train teachers 

in the fields of science, technology, math, special education, and to 

train teachers with limited English proficiency. 

Thurgood Marshall Legal Education Opportunity Program 

This program provides stipends, preparation, and information to 

low-income, minority, or disadvantaged college students to gain access to and complete law school study. 

Patsy Mink Fellowship 

The newly established Patsy Mink Fellowship program provides 

awards to assist highly qualified minorities to acquire terminal 

masters degrees or doctorate degrees in academic areas where minorities are underrepresented. 

Fund for the Improvement of Postsecondary Education (FIPSE) 

The Secretary is authorized to make grants to, or enter into contracts with, institutions of higher education, combinations of such 

institutions, and other public and private nonprofit institutions and 

agencies, to enable grantees to improve postsecondary education 

opportunities. The bill includes several new initiatives in FIPSE, as 

follows: 

• a scholarship program for family members of veterans or 

members of the military; 

• a demonstration program for homeless youth and those in 

foster care; 

• programs aimed at ensuring the success of non-traditional 

students in postsecondary education; 

• support for increased fire safety on campuses; 

• the establishment of a center for best practices to support 

single parent students; and, 

• support for faculty and academic programs associated with 

American History. 

Urban Serving Institutions 

H.R. 4137 replaces the Urban Community Service program with 

the Urban Serving Institutions program. The program will provide 

incentives to urban-serving institutions to expand research, and develop and implement initiatives in partnership with communitybased organizations. The collaboration will work to solve urban 

challenges while strengthening city economies. 


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Students with disabilities 

The bill includes several initiatives aimed at assisting students 

with disabilities to succeed in postsecondary education, including: 

• Additional activities authorized under the Programs to Ensure Students with Disabilities Receive a Quality Higher Education, including the development of effective transition practices, improved distance learning strategies, and improvements 

in the overall accessibility of higher education; 

• Establishment of a National Center for Information and 

Technical Support which will improve the dissemination of 

best practices related to working with postsecondary students 

with disabilities, provide information to assist students and 

their families, and improve the recruitment, retention and 

completion rates for students with disabilities; 

• Support for model demonstration programs to help students with intellectual disabilities to succeed in postsecondary 

education, and a coordinating center to assist these programs. 

• Model demonstration programs to improve timely access 

and quality of instructional materials in specialized formats for 

students with print disabilities, and a commission to study the 

feasibility of national technical standards and methods to improve the efficient distribution of these materials; 

• A GAO study of the barriers and opportunities for the full 

participation of students with disabilities in higher education, 

including an examination of disability support services offices 

and the success rates of colleges and universities to recruit, retain, and graduate students with disabilities. 

Nursing education 

H.R. 4137 includes two initiatives aimed at addressing the growing nursing shortage through programs to: 

• expand the capacity of current programs to ensure a growing number of individuals are able to enter programs and become nurses; and 

• increase the number of qualified nurse faculty. 

TITLE VIII: ADDITIONAL PROGRAMS

The bill creates a new title VIII that consists of new programs 

that recognize the growing challenges that institutions, students 

and families face in higher education. 

Encouraging colleges to keep costs down through innovative methods 

The bill authorizes programs to encourage institutions of higher 

education to keep tuition costs down and use innovative approaches 

to do so. These programs include: rewarding institutions for low 

tuition, cooperative education grants, articulation agreement programs, and encouraging institutions to use environmentally-friendly sustainability approaches. 

Ensuring that students enter, remain, and graduate from college 

The bill authorizes programs that encourage students, particularly those from traditionally underrepresented groups at institutions in higher education, not only to enter into, but to graduate 


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from college. These programs include: grants at community colleges 

to ensure that students needing remedial coursework continue 

through college; programs that align non-traditional students’ academic and career goals; programs for high-need students to make 

the transition into college; programs to partner institutions and 

businesses in order to prepare students for employment and career 

ladders; and programs to support students and institutions of higher education in rural areas. 

Addressing high need areas 

The bill authorizes programs to address the unique needs in critical areas. These programs include: the development of programs in 

science, technology, mathematics and science for Alaska Natives 

and Native Hawaiians; the creation of a national database of scholarships for STEM fields; support programs for realtime writers and 

modeling and simulation; and a program to ease the transition of 

veterans returning from combat zones into higher education. 

Combating ‘‘Diploma Mills’’ 

The bill includes requirements and increased information to ensure the legitimacy of institutions of higher education. This bill defines what constitutes a degree-granting institution; requires the 

Department of Education to maintain a list of degree-granting institutions for federal employment and student visa purposes; and 

establishes a task force to review issues and possible solutions associated with diploma mills. 

Campus safety 

• Grants to Institutions: The bill creates a grant program to assist institutions of higher education develop and implement stateof-the-art emergency systems and procedures to ensure the safety 

of all students, faculty and employees, and to improve safety overall on campus. • Model Policies and Procedures and Future Disasters: The bill 

also ensures assistance to institutions of higher education in the 

development of policies, procedures, and practices to be used in the 

case of an emergency. The bill requires the Secretary to develop 

and maintain a disaster plan in preparation for emergencies. • Disaster Relief Loan Program: To ensure that institutions have 

a steady flow of cash to re-open as soon as possible, the bill establishes a loan program to be made available to institutions of higher 

education in the event of a disaster. 

TITLE IX: AMENDMENTS TO OTHER LAWS

The bill makes changes to the Education for the Deaf Act, the 

Tribally Controlled College or University Assistance Act, the higher 

education amendments of 1998 and 1992, Justice Department programs, and the Stevenson-Wydler Technology Innovation Act of 

1980. 

Education for the Deaf Act 

The bill amends the Education for the Deaf Act to include requirements that the elementary and secondary schools operated by 

Gallaudet University adopt academic achievement standards, assessments and adequate yearly progress measures consistent with 


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the No Child Left Behind Act. Tuition surcharges for international 

students at Gallaudet and National Technical Institute for the Deaf 

are also adjusted to allow for a sliding scale based upon student 

need and for reductions in costs for students from developing countries. 

Tribally Controlled College or University Assistance Act 

The bill adds a new title to the Tribally Controlled Colleges Act 

to allow for the designation of tribal colleges focused on technical 

and vocational education. This title replaces a program at the Department of Interior which is eliminated by H.R. 4137. 

Higher Education Amendments of 1998 and 1992 

The bill modifies the grants to states for workplace and community transition training for incarcerated youth offenders to allow 

programs to serve all offenders, regardless of age and time in incarceration. 

The bill reauthorizes programs including, the Underground Railroad and Olympic scholarships. 

Office of International and Foreign Language Education 

H.R. 4137 creates an Office of International and Foreign Language Education at the Department of Education to be operated by 

an Assistant Secretary for International and Foreign Language 

Education. 

Justice Department Programs 

The bill includes the Department of Justice public defenders forgiveness program. Additionally, the bill allows individuals who are 

employed by a government agency to receive loan forgiveness from 

an institution of higher education for their public service. 

The bill also creates a National Center for Campus Safety at the 

Department of Justice working in collaboration with the COPS program. 

Stevenson-Wydler Technology Innovation Act of 1980 

The bill includes the establishment of the Minority Serving Institution Digital and Wireless Technology program, within the Department of Commerce, which provides funds to MSIs to integrate 

technology into campus activities and ensure that students have 

access to technology. 

TITLE X: PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT

Title X’s private student loan provisions require lenders to follow 

certain terms and procedures when soliciting or making private 

loans for postsecondary education expenses. It directs the Board of 

Governors of the Federal Reserve and other financial regulatory 

agencies to issue regulations implementing the new standards. It 

also requires the Department of the Treasury to undertake efforts 

to enhance financial literacy among students and the GAO to prepare a report on issues related to private educational lending. Title 

X also increases the disclosure requirements for lenders of private 

educational loans. 


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Gift ban 

The bill prohibits postsecondary education institutions, their officers, and their employees from receiving any gift from a private 

lender in exchange for any advantage to the lender in its loan activities. 

Ban on revenue sharing 

The bill prohibits lenders from sharing the profits from their loan 

activities with higher education institutions in exchange for some 

advantage to the lender in its loan activities, including offering or 

providing gifts to postsecondary educational institutions or their 

employees. 

Bans co-branding 

The bill prohibits lenders from co-branding their loans with the 

institution’s name, emblem, mascot, or logo in any way that implies 

a school’s endorsement. 

Ban on participation on advisory councils 

The bill prohibits school financial aid officials from serving on 

any advisory council of private educational lenders. 

Bans prepayment fees and penalties 

The bill prohibits private loan lenders from charging borrowers 

fees for paying off their loans early. 

Provides for effective period of approved interest rate and loan terms 

The bill requires lenders to give applicants up to thirty days following the approval of a loan to accept it with no changes in terms 

except an index to determine the interest rate. 

Right to cancel 

The bill requires lenders to grant borrowers up to three days to 

change their minds after entering into a loan agreement with a 

lender. 

Provision of information 

The bill requires lenders to notify a borrower’s school of a proposed loan of $1,000 or more. 

Financial literacy enhancement 

The bill requires the Department of the Treasury to identify and 

evaluate programs at institutions of higher education that enhance 

the financial literacy of college students, and subsequently to encourage the implementation of such programs that the department 

finds to be most effective. 

GAO study 

The bill requires the GAO to prepare a report on the impact of 

non-individual factors, such as cohort default rate and graduation 

rates, on the pricing of private education loans among institutions 

of higher education. The report will also examine the extent to 

which those factors affect the availability of private loans to certain 

borrowers or certain schools. 


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1 ‘‘The Student Debt Dilemma: Debt Aversion as a Barrier to College Access,’’ The Project on 

Student Debt, The Institute for College Access and Success, Inc., Sept. 2005, at 3–4. 2 ‘‘Education Pays: The Benefits of Higher Education for Individuals and Society,’’ The College 

Board, 070342217 (Washington, D.C.: 2007). 

Loan disclosure requirements 

The bill requires lenders to make additional disclosures to borrowers at three stages of the loan application process: (1) advertisement or solicitation of loans, (2) approval of loan applications, and 

(3) consummation of loans. 

Written acknowledgment of receipt of disclosure 

The bill requires private loan lenders to obtain a written acknowledgment from a borrower that the borrower has read and understood required disclosures. 

IV. COMMITTEE VIEWS

At several critical moments in history, the United States Congress has acted to establish and reaffirm access to an affordable 

college education as a national priority. In 1944, Congress passed 

the GI Bill (the Servicemen’s Readjustment Act) to provide educational benefits for veterans returning from World War II, opening 

the doors of higher education to an entire generation. Responding 

to threats to the nation’s technological superiority, the Congress 

passed the National Defense Education Act in 1958, ensuring that 

highly trained individuals would be available to help America compete with the Soviet Union by providing loans to college students 

and supporting efforts to improve science, mathematics, and foreign language and area studies instruction. 

Several years later, in the belief that no one should be denied an 

equal opportunity to pursue higher education because of an inability to pay, the Congress passed the Higher Education Act of 1965 

(HEA). The HEA established a broad-based federal student aid and 

loan system and created programs to enhance access for low-income 

students. Building on these earlier efforts, the Congress later created the Pell Grant program to provide grants for lower-income 

students to help increase access to higher education. Congress 

furthered these principles by enacting the College Cost Reduction 

and Access Act in 2007 (P.L. 110–84), which provided a landmark 

$20 billion dollar investment in the educational aspirations of the 

nation’s students and their families. 

The Committee strongly believes that postsecondary education is 

a critical component of the formula to ensure a prosperous future 

for our nation’s students. Postsecondary education can help individuals build a better life for themselves and ensure they are prepared 

to be active participants in the global economy of the 21st century. 

Research has shown that college graduates will earn an average of 

$1 million more over their lifetime than those without a college degree.1 Additionally, higher education attainment levels correspond 

to lower levels of unemployment, lower levels of poverty, greater 

levels of openness to the opinions of others, and higher levels of 

civic engagement—factors that benefit the entire nation.2 Unfortunately, too many of our nation’s students still face barriers when 

pursuing higher education, including: skyrocketing college costs, a 

complex federal student aid process, lack of awareness about aid 


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3 ‘‘Explaining College Costs: NACUBO’s Methodology for Identifying the Costs of Delivering 

Undergraduate Education,’’ National Association of College and University Business Officers 

(2002) at 12. 4 Advisory Committee on Student Financial Assistance, ‘‘Mortgaging Our Future; How Financial Barriers to College Undercut America’s Global Competitiveness,’’ September 2006. 

options, and an evolving student loan industry that demands increasingly high levels of consumer sophistication. 

Despite these barriers, a growing population and increased occupational demands have resulted in record high enrollments in postsecondary institutions around the country. These enrollment increases and fundamental shifts in the demographics of the nation 

make all the more necessary an increased commitment from the 

federal government, states, and institutions to provide additional 

consumer protections for student loan borrowers and enhanced 

measures of accountability. To address these and other overarching 

concerns, H.R. 4137 includes provisions on colleges’ affordability 

and consumer protections (including information on financial literacy), and provisions to support students attending MSIs, to increase access to higher education (including for veterans and students with disabilities), to ensure a highly qualified teacher in 

every classroom, and to ensure safety on campus. 

Making college more affordable 

In a 1998 survey by the National Association of College and University Business Officers, only 11 percent of respondents agreed 

with the statement that a four-year college education is affordable 

for most Americans.3 Since that survey, college tuition and fees 

have only increased. Because of these increased costs, as well as an 

aversion to accumulating debt, 40 percent of today’s qualified high 

school graduates will never enter postsecondary education.4 The 

Committee strongly believes that college can and should be more 

affordable and accessible to all students, and that this goal can be 

accomplished, in part, by increasing aid, helping to make college 

expenditures more efficient thereby eliminating the need for high 

tuition and fee increases, and reining in the cost of textbooks. 

Ensuring integrity and accountability to Student Loan Programs 

H.R. 4137 creates consumer protections for students to ensure 

they can make smart and informed choices about borrowing, and 

to further ensure that borrowing will be beneficial to both themselves and their families. The Committee believes that creating 

transparency and accountability in college pricing and loans, maintaining low college costs, and increasing financial literacy will help 

students begin and complete a college education. 

Increasing aid to Minority-Serving Institutions 

The Committee believes that assistance for Minority Serving Institutions is essential to create a productive and supportive environment for minority students. Nearly one-third of all African 

American, American Indian, Alaska Native, Native Hawaiian, and 

Hispanic students enrolled in institutions of higher education in 

the United States attend Historically Black Colleges and Universities, Hispanic-Serving Institutions, Tribal Colleges and Universities, and Alaska and Hawaiian Native institutions. These programs and institutions provide unique opportunities to students 


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who, in many cases, have been denied equal educational experiences in primary and secondary school. 

Helping more students access higher education 

The Committee recognizes a longstanding and growing need for 

increased access to higher education, and believes financial literacy 

education for college students and their parents can help ensure 

such access. Financial literacy education and student aid awareness are key components of student and institutional support programs, including TRIO, GEAR UP, and others. 

Barriers to entry into higher education, including a lengthy and 

opaque application process, inadequate academic preparation, and 

limited information on financing options are often significant, preventing qualified students from pursuing postsecondary studies. To 

alleviate such barriers, H.R. 4137 greatly simplifies the FAFSA 

form and strengthens key student support programs. 

Supporting veterans and military families 

Starting with the enactment of the GI bill in 1944, Congress has 

a long history of helping those who serve in the armed forces obtain a college or university degree. The Committee strongly believes that the federal government should support those who serve 

in uniform and defend our country in recognition of their service. 

This bill includes several provisions that will support veterans and 

their families make the transition to higher education and continue 

through graduation. 

Helping recruit and train quality teachers 

Placing well-trained, qualified, and dedicated teachers in schools 

is an important part of improving elementary and secondary education and ensuring students are academically prepared for postsecondary education. However, accomplishing this goal would be 

nearly impossible without institutions of higher education producing a qualified supply of these much-needed teachers. For this 

reason, the Committee believes that colleges and universities that 

train teachers should be held to high standards, and that these institutions should continue or expand programs that prepare teachers to better employ new technologies, work with students with disabilities, and mentor students in high-need fields of study. 

Ensuring the health and safety of students 

Over the last several years, tragedies have struck our nation’s 

campuses, some with grave consequences, compelling Congress to 

recognize the need and importance of ensuring that students are 

both safe and secure while pursing their studies. Accordingly, the 

legislation contains provisions concerning both routine crime reporting and preparedness for disasters and other security threats. 

Promoting study in nationally important fields 

The Committee recognizes the growing importance of certain 

fields such as science, technology, education, mathematics, and foreign languages. Not only are these subjects important for the participation of students in a global, technology-based economy, but 

they are also vital to the defense and success of the nation. Students must be encouraged to undertake study in these fields, and 


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teachers must be prepared to instruct and mentor students in these 

fields. 

TITLE I—TITLE I AMENDMENTS

Through title I of H.R. 4137, the Committee intends to address 

the changing needs of higher education since the last reauthorization of the Higher Education Act in 1998. These changes include 

revisions to various definitions, including the definition of an institution of higher education. Further, the Committee calls for the 

higher education community to engage in efforts to rein in dramatic tuition increases. Finally, the Committee builds upon the bipartisan effort to enhance consumer protections for students and 

families started in H.R. 890, the Student Loan Sunshine Act. 

Addressing the changing needs in higher education 

The Committee recognizes, as part of the changing landscape in 

higher education, the necessity for diversity in the types of programs offered to assist individuals in their pursuit of postsecondary 

education. To this end, the Committee specifically recognizes the 

need for dual and concurrent enrollment programs that enable 

some secondary school students to earn postsecondary credit in programs of study at an institution of higher education. According to 

the National Center for Education Statistics (NCES), in school year 

2002–2003, 71 percent of high schools offered dual credit courses. 

In response to this trend, the Committee clarifies that students in 

dual or concurrent enrollment programs may be admitted as regular students to institutions participating in programs authorized 

under the Higher Education Act of 1965. 

The bill clarifies that degrees from rabbinical schools will continue to be recognized as equivalent to baccalaureate degrees. Additionally, the Committee recognizes the growing need for access to 

educational programs that do not lead to a specific occupation, such 

as liberal arts programs, as a way to ensure that students develop 

the critical skills necessary to understand the rigors of reasoning 

and to develop a basic knowledge of inquiry. Given that these other 

programs can serve as a building block to higher learning, particularly for programs such as teacher preparation, the Committee believes that efforts to expand access to liberal arts education programs, including those at accredited for-profit universities, should 

be continued. 

Foreign medical and nursing schools 

The Committee recognizes the need to clarify the law with respect to foreign medical schools and to expand the number of foreign medical schools that may participate in the student loan programs to address the critical shortage of nursing and medical professionals. 

Under current law, foreign medical schools must meet one of two 

requirements to participate in the student loan program. First, at 

least 60 percent of those students enrolled in, and at least 60 percent of the graduates of, the institution may not be American citizens or legal permanent residents. In addition, at least 60 percent 

of the students or graduates of the institution taking the examinations administered by the Educational Commission for Foreign 

Medical Degrees must receive a passing score. Second, an instituVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00236 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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5 Advisory Committee on Student Financial Assistance, ‘‘Mortgaging Our Future; How Financial Barriers to College Undercut America’s Global Competitiveness,’’ September 2006. 

tion must have a clinical training program that was approved by 

a state as of January 1, 1992. H.R. 4137 clarifies the second requirement to ensure that an institution remains eligible to participate in the student loan program so long as the institution has continuously operated a state-approved clinical training program in at 

least one state. This clarification enables such an institution that 

to maintain its eligibility in the event that the approved clinical 

training program ceases to operate or in the event that 33 that institution opts to change the clinical training program affiliated 

with the institution. This provision of H.R. 4137 ensures that students are not forced to interrupt their studies and training while 

the institution waits for re-approval. 

The limited enrollment availability at U.S. medical schools and 

in nursing programs prompted the Committee to recognize more 

foreign medical schools and to allow for the creation of a new foreign nursing program. The expansion of current law will allow access to only unsubsidized Stafford or PLUS loans, and an institution must agree to reimburse the Secretary for the cost of any defaulted loan in the institution’s cohort default rate during the previous fiscal year. The Committee supports exploring options to increase the number of health professionals in the United States, but 

directs the Secretary to monitor the expansion of the program 

closely to guard against misuse of the loan programs. 

College costs 

With the passage of the College Cost Reduction and Access Act, 

P.L. 110–84, Congress made a deliberate and necessary federal investment in the future of our nation’s students and families, investing nearly $20 billion in federal aid. The Committee is concerned 

that despite this significant federal investment, little to no effective 

action has been undertaken by institutions or the states to address 

the crisis of escalating college costs. 

A poll conducted by the Public Policy Institute of California reveals a fear among California residents who believe their children 

will not be accepted to a university or will be unable to afford it 

even if they are invited to enroll. This sentiment is reflected in 

other national surveys on the topic of the perception of college affordability. This fear expressed by the public is rooted in reality. 

According to the College Board’s most recent data on college costs, 

the average tuition and fees, even after adjusting for inflation, has 

increased by more than 44 percent in the ten years preceding the 

2007–2008 academic year. Because of these increased costs, as well 

as an aversion to accumulating debt, a full 40 percent of today’s 

qualified high school graduates will never enter postsecondary education.5 Costs are also driving students to work more to pay for 

their education. In testimony before the Committee on May 1, 

2007, U.S. PIRG cited their report ‘‘At What Cost?’’ which found 

that 74 percent of full-time students graduating in 2000, worked 

while attending school. Of these students, nearly half worked more 

than twenty-five hours a week. Increased hours of work schedules 

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all educational experience and his or her educational attainment 

beyond the traditional four years of education. 

The Committee strongly believes that colleges and states can and 

should do more to address the rising cost of college. To that end, 

H.R. 4137 provides for disclosure and transparency by institutions 

of higher education, and establishes a benchmark for states to encourage them to be true partners in the postsecondary education of 

students. 

Transparency in college costs 

The Committee believes that students and parents must be able 

to access information and make comparisons between schools in 

order to make informed choices about which school to attend. To 

address this need, the bill requires the Bureau of Labor Statistics 

to develop a higher education price index (HEPI) for each type of 

institution that accurately reflects annual changes in tuition and 

fees for undergraduate students. The Secretary of Education will 

publish an annual list that allows individuals to sort information 

by state or type of institution. The list will rank institutions based 

on their changes in tuition and fees over the previous three years. 

Those institutions, whose increase in tuition and fees exceeds the 

increase in the HEPI, will be placed on the ‘‘Higher Education 

Watch List.’’ When a school is placed on this list, the bill requires 

it to create a ‘‘Quality Efficiency Task Force’’ to examine the institution’s operating costs and make recommendations for increasing 

efficiency. The Committee adopted an amendment by Representatives Timothy Bishop (D–NY), Carolyn McCarthy (D–NY), and 

Yvette Clarke (D–NY) that modifies the exceptions to the HEPI requirements. In accepting this amendment, the Committee recognizes the potentially ambiguous data resulting from the indices for 

low-cost public institutions and intends to continue working to address this concern when H.R. 4137 is considered on the floor of the 

House. 

The concern about the cost of college spans all types of institutions. The Committee intends that the efforts mandated under this 

section of the bill address all sectors and types of higher education 

institutions. The bill also provides for the creation of a model document, the University and College Accountability Network, to be 

used by institutions for annual reports of basic information useful 

for consumers. Accountability is among the core principles identified by the Committee to help guide higher education reform, and 

the Committee believes accountability will be achieved by placing 

more information about colleges and universities into the hands of 

students. 

State maintenance of effort 

The past decade has seen a decline in states’ financing of higher 

education relative to other state commitments and, as confirmed in 

testimony before the Committee on November 1, 2007 by the President of the California State University of Long Beach, F. King Alexander, there is a connection between state support for higher 

education and college costs: 

It is quite obvious that as State appropriations slide 

downward, student tuition and fees must rise. . . . Over 

the last decade studies have highlighted the instability of 


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State appropriations and the effects of State policy on public institutional tuition changes. . . . [T]he most influential reason for increases in public college and university 

costs is the drastic fluctuations of State appropriations 

. . . 

The Committee is concerned about the continued fluctuations of 

state support for higher education. In recognizing that state support is vital to the future success of U.S. higher education, H.R. 

4137 requires states to maintain their current levels of college financing or risk losing federal funds under the newly created 

Grants for Access and Persistence program. Dr. Alexander described the notion of a ‘‘maintenance of effort’’ in his testimony as 

a ‘‘necessary part of the federal/state partnership’’ to ensure that 

states continue their current level of support. ‘‘Maintenance of effort’’ has historical roots in the Elementary and Secondary Education Act which, under title I of that Act, requires states to maintain a level of support in order to receive federal funds. 

To account for the realities of the current economies of some 

states, the bill includes an exemption from this maintenance of effort for states experiencing severe economic constraints. 

National Advisory Committee on Institutional Quality and Integrity 

(NACIQI) 

The National Advisory Committee on Institutional Quality and 

Integrity (NACIQI) has served to advise the Secretary on matters 

related to the recognition of accreditors. H.R. 4137 offers an alternative path to achieve this advisory function by reconstituting 

NACIQI with individuals appointed by members of Congress in addition to those appointed by the Secretary. The Committee adopted 

an amendment by Representative Peter Hoekstra (R–MI) that 

modifies the Congressional appointments to ensure that members 

of the majority and minority parties would each appoint six individuals. In accepting this amendment, the Committee demonstrates 

its belief that by equally distributing the appointment of the Congressionally-nominated members among the majority and minority 

parties to NACIQI, the process may be depoliticized and the committee may truly function in an advisory capacity to the Secretary. 

Understanding the need for a period of transition, the Committee 

approved a provision to allow the reconstituted NACIQI to begin in 

2009. 

Textbook information 

While tuition, fees, and room and board are typically the primary 

costs of attending college for most students, the Committee believes 

that the cost of textbooks can also play a significant role. This legislation requires publishers to provide pricing information to faculty and other college and university personnel when they are 

making purchasing decisions and to provide combined or ‘‘bundled’’ 

materials separately. Once faculty make their curriculum and textbook decisions, the bill directs institutions and college bookstores 

to provide textbook cost information to students before they choose 

their classes so that they may consider and budget for such expenses. 

According to a 2005 Government Accountability Office (GAO) report, college textbook costs have risen at twice the rate of inflation. 


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The report found that textbook costs can increase a student’s overall college costs from 8 percent at private institutions to over 72 

percent at some public institutions and community colleges. In addition, the Advisory Committee on Student Financial Assistance, in 

a report requested by Congress, found that current grant and 

scholarship programs, which can barely meet the challenge of rising tuition costs, are insufficient to mitigate college textbook costs. 

The GAO’s 2005 report also found that publishers have begun developing and distributing alternatives to college textbooks in order 

to provide less expensive materials, but they have had to incorporate the development costs into the price of domestic textbook 

sales. Furthermore, the GAO reported that demand for textbook alternatives has been insufficient to offset publishers’ development 

costs and reduce the overall costs of college textbooks. Finally, the 

GAO report found that publishers have engaged in agreements 

with overseas distributors to restrict American students from purchasing lower-cost textbooks from overseas, regardless of the similarity between domestic and overseas editions. 

The Committee believes that H.R. 4137 will ease the burden of 

rising textbook prices by ensuring that faculty, students, and bookstores all have sufficient and relevant information to make informed choices before purchasing textbooks. 

Unit record system prohibition 

The Committee believes that students pursuing higher education 

have an expectation of basic privacy protections, and that these 

protections should not be compromised as a result of attending an 

institution of higher education. For that reason, the Committee accepted an amendment by Representative Virginia Foxx (R–NC) 

that prohibits the Secretary of Education from collecting personally 

identifiable student-level data for a federal database. The prohibition does not alter the Department’s current surveys or data collection efforts to meet the requirements of the Higher Education Act. 

Further, this prohibition does not adjust any efforts to develop 

databases at the individual state level. 

The Committee understands that the longitudinal sample surveys carried out by the National Center for Education Statistics, 

such as the Baccalaureate and Beyond Study, the Beginning PostSecondary Study, and the National Postsecondary Student Aid Survey, involve the voluntary participation of samples of students 

rather than the collection of extensive, personally identifiable data 

on all students, and are not subject to the prohibition. Additionally, 

efforts under the No Child Left Behind Act that encourage the development of data systems at the state level should not be affected 

by this prohibition. 

Enhancing consumer protections 

Student loans serve as one of the primary means of access to 

higher education for students and families. Ensuring that our nation’s federal student loan program is working as intended—to help 

students and parents pay for college—is critical to protecting the 

integrity of the program and to providing students greater access 

and opportunities to pursue their educational aspirations. Beginning in early 2007, the Committee launched several oversight activities and investigations, in response to heightened concerns 


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6Government Accountability Office, Federal Family Education Loan Program: Increased Department of Education Oversight of Lender and School Activities Needed to Help Ensure Program Compliance, GAO–07–750 (Washington, D.C.: July 31, 2007). 

about questionable relationships among schools, student loan lenders and government officials. 

In March 2007, the Committee began examining the relationships among schools and several of the largest student loan lenders 

in the industry. Additionally, in April 2007, the Committee began 

investigating potential financial conflicts of interest among lenders, 

United States Department of Education employees and some school 

student financial aid officers. As a result of its oversight and investigations, the Committee uncovered a number of unethical practices 

and disturbing findings, including: • Lenders staffing schools’ financial aid offices, procuring 

printed materials for schools, catering school and financial aid 

office functions, and providing other benefits, including access 

to private loan funds to schools, in exchange for preferential 

treatment with regard to student loans, such as placement on 

the school’s list of preferred or recommended lenders provided 

to students; • Lenders spending large sums of money to entertain school 

officials; • Schools engaging in revenue or profit sharing with lenders 

recommended to students; • School and government officials holding financial interests 

in lender companies recommended to students; and • School officials receiving consulting contracts and payments from lenders that were recommended to students. 

Also, in April 2007, the Committee heard additional evidence of 

unethical practices in the student loan industry during a Committee investigative hearing. New York Attorney General Andrew 

M. Cuomo appeared before the Committee to discuss his office’s 

student loan investigation and testified that his office had likewise 

uncovered questionable practices and relationships among schools 

and student loan lenders. He further testified that the Department 

of Education’s lax oversight over the student loan programs has allowed corrupt practices and conflicts of interest to develop within 

the system. 

In July 2007, the GAO issued a report in response to a request 

from this Committee that further documented the Department of 

Education’s failure to safeguard the nation’s federal student loan 

programs. The report recommends that the Department immediately increase its oversight of lenders and schools and fully enforce current law, which prohibits lenders from using inducements 

to gain an advantage with respect to federal student loans from a 

college or university.6 The report also found that the Department 

did not have a sufficient oversight program in place to identify and 

address questionable lender behavior. In addition, despite repeated 

requests from lenders for the Department to provide direction on 

inducements, the Department had not updated its inducement 

guidelines in nearly twenty years and, in some cases, did not respond to lenders’ inquiries at all. The report also determined that 

the Department had a poor system for dealing with complaints of 

improper lender behavior. For example, out of twenty-six documented complaints received by the Department between 2001 and 


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7 U.S. Department of Education Inspector General, Review of Lender Inducements, ED/OIG 

I13C0003 (Washington, D.C.: August 1, 2003). 

2006, only two complaints prompted action by the Department, and 

fourteen complaints were left unresolved. Furthermore, the report 

found that the Department attempted to use its sanctioning authority against lenders accused of improper inducements only twice 

over the past twenty years. 

In 2003, the Department’s Inspector General urged the Department to issue guidance to lenders and schools on its regulations regarding inducements and gifts.7 Similar to the GAO report, the Inspector General noted that the Department’s guidance to lenders 

was outdated. Since the Department had last issued any guidance 

concerning these matters, the student loan industry had undergone 

significant changes with increasing demands for benefits or services by schools and escalating competition among lenders. The Inspector General further noted that, in the absence of guidance from 

the Department, the industry itself had tried but failed to reach 

consensus on a set of guidelines concerning what constituted appropriate lender behavior. 

The Committee believes that the unethical and questionable 

practices identified by the Committee and others—regardless of 

how widespread or commonly accepted—must come to an end. The 

nation’s financial aid system exists for a single purpose: to serve 

students and their families. Students and parents deserve to know 

that they are getting the best deal possible on their college loans 

and that all arrangements made between schools and lenders are 

in the best interests of helping borrowers. The Committee recognizes that not every institution, financial aid officer or lender was 

engaged in these questionable practices and that many work to ensure students have access to a variety of financing options to 

achieve their dream of a college education. 

This bill, the College Opportunity and Affordability Act of 2007, 

will help to restore students’ trust in the nation’s financial aid system by addressing the questionable practices and problems identified by the Committee. The bill incorporates, with additional refinements, the Student Loan Sunshine Act (H.R. 890), which overwhelmingly passed the House earlier this year with tremendous bipartisan support, by a vote of 414–3. In particular, H.R. 4137 will, 

among other important reforms: 

• Require schools to adopt strict codes of conduct that prohibit conflicts of interest; 

• Ban gifts and financial compensation, participation on advisory councils, and revenue-sharing agreements between lenders and schools; 

• Require that lists of preferred or recommend lenders be 

compiled based solely on students’ best interests; 

• Ensure that students are not impeded from their choice of 

lender; and 

• Establish measures to provide students clear, concise, and 

consistent information that will allow students to compare 

lenders’ products when taking out and repaying loans. 

The Committee recognizes the valuable role that schools’ financial aid officers have in counseling students and their families 

about their options for paying college costs and that, in light of toVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00242 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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day’s skyrocketing costs of attending college, their role has never 

been more important. The Committee also recognizes that many 

student financial aid officers are dedicated professionals who care 

deeply and are passionate about assisting students to enroll in and 

complete college. The Committee believes that the reforms included 

in the bill will restore and foster the public’s trust in the role of 

these officials in response to the recent controversies that have 

shaken the nation’s student financial aid system. Further, the 

changes in the bill will better enable student financial aid officials 

to continue their critical work providing students and their parents 

with professional, objective, and sound financial aid advice. 

The Committee notes that the provisions in the bill banning gifts 

and payments are not intended to prohibit charitable or philanthropic contributions to schools by lenders, guarantors, or loan 

servicers. But, such contributions must not be in absolutely any 

way in exchange for any advantage sought by a lender, guarantor 

or loan servicer with respect to student loans. The bill also requires 

that such contributions be disclosed to potential student loan borrowers. Additionally, the Committee does not intend for restrictions 

included in the bill to prohibit lenders, guarantors, loan servicers, 

or schools from participating in or supporting outside events designed to assist students in applying to college or completing the 

federal financial aid process, such as College Goal Sunday, a national initiative sponsored by the Lumina Foundation and the National Association of Student Financial Aid Administrators. 

The Committee notes that while the College Opportunity and Affordability Act of 2007 prohibits school officials’ participation on 

lender advisory boards, as well as bars certain contracting arrangements between school employees and student loan lenders, the legislation contains provisions that permit certain relationships to 

continue. It is the intent of the Committee that college and university presidents are allowed to continue serving on lenders’, guarantors’, and loan servicers’ boards of directors and that bank presidents and other officials may continue their service as trustees of 

educational institutions, provided that, among other things, appropriate conflict of interest policies and procedures are in place to 

prevent conflicting interests from being advanced. 

The Committee continues to be concerned about conflicts of interest among lenders and schools, especially with respect to instances 

of quid pro quo arrangements. These arrangements include the 

practice of lenders conditioning the offer of a pool of private loan 

funds, such as recourse loans or opportunity pools, on a school 

agreeing to give the lender an advantage, including the delivery to 

the lender a specified number of loans, a specified loan volume, or 

a preferred lender arrangement for federal student loans. The bill 

prohibits such quid pro quo deal making. 

The Committee intends that the provisions of the bill will allow 

lenders to offer schools recourse loans/opportunity pools, as long as 

such arrangements do not violate the quid pro quo restrictions. Additionally, the Committee intends the provisions of the bill to operate in a manner that classifies any arrangement between a lender 

and a school for such funds as a preferred lender arrangement 

under the provisions of the Act. Consequently, the institution and 

lender would be subject to the reporting, disclosure and other requirements for preferred lender arrangements. Furthermore, as a 


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result of related provisions included under title IV of this bill that 

require schools that enter into preferred lender arrangements to do 

so with multiple private loan lenders, and multiple federal student 

loan lenders, as applicable, it is the Committee’s intent that a borrower at any particular school would never be in the position of 

having a choice of only one preferred lender for private student 

loans or a choice of only one preferred lender for federal student 

loans. It is the Committee’s expectation that the presence of multiple lenders will provide some measure of meaningful borrower 

choice and will provide at least a minimum level of assurance of 

the absence of a quid pro quo arrangement between a lender and 

a school. 

The Committee intends to continue its oversight and investigative activities to meet its responsibility to students, families and 

taxpayers to ensure that the nation’s student aid system is designed and administered in a responsive and efficient manner. Ensuring that students and families have access to and can continue 

fulfilling their dreams of achieving a college education is simply too 

important and too critical to do otherwise. Moreover, ensuring that 

higher numbers of Americans receive additional education and 

training beyond high school is imperative for the nation to effectively compete in the new global economy. The Committee will 

monitor and assess the implementation of the new initiatives and 

requirements included in the College Opportunity and Affordability 

Act to ensure that the intended objectives are met and that any 

needed improvements are identified. 

TITLE II—TITLE II REVISION

The passage of the landmark No Child Left Behind Act in 2002 

highlighted the notion that every child should be taught by a highly qualified teacher. As noted by the GAO in their testimony before 

the Committee on May 17, 2007, ‘‘teachers are the single largest 

resource in our nation’s elementary and secondary education system. Approximately three million teachers are responsible for educating over 48 million students . . .’’ In addition, analysis by the 

University of Tennessee Value-Added Research and Assessment 

Center indicates that the single most important school based factor 

to raising student achievement is the quality of a student’s teacher. 

The Committee believes that in order for teachers to excel in 

their crucial role as educators, more must be done to address their 

needs by providing them with necessary supports and effective 

training programs. By eliminating the existing state grant program 

in title II and focusing on the partnership grant program, the bill 

strengthens programs that prepare prospective and new teachers 

with strong teaching skills and research capabilities. Comprehensive preparatory programs such as induction and residency will 

help ensure that our teachers receive quality instruction and develop the necessary skills to succeed in the classroom and educate 

students at every level. The Committee expects that activities required under title II of this bill will complement the larger teacher 

preparation efforts required by title II of the No Child Left Behind 

Act. 


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Induction programs for new teachers 

According to the National Center for Education Statistics, 33 percent of teachers leave the profession after their first three years 

and 46 percent leave within their first five years—the point at 

which teachers tend to peak in their abilities. Further, the Alliance 

for Excellent Education reports that the United States spends an 

estimated $5 billion annually due to the loss of approximately 

400,000 teachers. The Committee believes, and research consistently supports, that comprehensive induction programs that provide support through not less than the first two years of a new 

teacher’s career will significantly reduce the number of teachers 

who leave their schools and the profession. Moreover, research 

from the New Teacher Center shows that beginning teachers who 

received structure mentoring more closely resemble and can 

achieve student learning gains equal to those of veteran teachers. 

As a result, title II of H.R. 4137 authorizes the creation of induction programs as a required use of partnership grant funds. Comprehensive Induction programs like those authorized by H.R. 4137 

include high quality mentoring by experienced and qualified individuals, structured collaboration time with teachers in the same 

department, grade, or field, structured meeting time with administrators, application of empirically based practice and scientifically 

valid research on instructional practice, assistance with understanding and using student achievement data, professional development activities, and regular evaluations of new teachers. Induction 

programs may also provide for reduced teaching loads, the support 

of a teaching aide, and the evaluation of the mentors and of the 

overall program. 

Teacher residency programs 

Teacher turnover drains schools of already limited resources. For 

high-need schools with attrition rates 50 percent higher than 

schools with more resources, the challenges are significant. The 

Committee believes we must address this problem and focus new 

efforts on recruiting a new generation of teachers to fill openings 

in high-need schools and hard-to-staff subjects. Innovative residency programs underway in Chicago, Boston and Denver require 

service commitments in high-need schools and boast retention rates 

that range from 90 to 100 percent. The Committee further believes 

that preparatory programs must provide teachers with not only the 

credentials, but also the skills and training to be truly effective in 

the classroom. Residency programs (like those authorized by the 

partnership grants in H.R. 4137) couple extensive classroom experience with relevant masters-level coursework. Participants in these 

programs become highly qualified by teaching alongside a mentor 

teacher for an entire academic year while earning a masters degree, teacher certificate, or license. These teachers receive substantial preparation and instruction before they ever independently 

manage a classroom. Research shows that residency programs develop educators with stronger teaching skills and those who remain 

in the teaching profession for longer periods of time. 

Accountability 

It is the intent of the Committee that teacher preparation programs, both traditional and those providing alternative routes to 


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state certification, should strive to increase the quality of individuals graduating from their programs with the goal of exploring 

ways to assess the impact of such programs on students’ academic 

achievement. Additionally, the Committee believes that states 

should play a role in helping to evaluate the effectiveness of programs. To that end, H.R. 4137 imposes an annual report requirement on institutions of higher education, both traditional and those 

providing alternative routes to state certification programs, to provide information to the state and the public. Additionally, each 

state must submit to the Secretary, a similar report on the quality 

of teacher preparation programs in the state for both traditional 

programs and those providing alternative routes to state certification. The Committee intends to use these reports to continue assessing the progress of these programs to ensure that they are 

meeting their obligation to make teachers well-prepared to teach 

when they enter the classroom. 

Digital age learners 

The Committee believes that in today’s climate of economic global competitiveness it is incumbent upon our nation to produce 

teachers who have the skills and expertise to prepare students who 

will succeed in a technologically-advanced environment. To support 

this goal, the Committee replaced Part B of current law with ‘‘Preparing Teachers for Digital Age Learners.’’ Many teacher candidates are already avid users of technology in their personal lives. 

However, being facile and dexterous with technology for personal 

use does not necessarily translate to an expertise in integrating 

technology into classroom learning for raising student learning outcomes, or developing skills for the 21st century, such as higher 

order thinking, learning and problem solving skills, and creativity 

and innovation. Yet, there are programs such as the Technological 

Pedagogical Content Knowledge for Teaching and Teacher Educators that can instruct teachers in both the design and implementation of meaningful classroom applications of technology with the 

goal of improving student learning outcomes. Unfortunately, the 

need is great. The National Center for Education Statistics reports 

that a majority of teaching institutions have significant barriers to 

providing teacher candidates with field experiences where they can 

learn or practice technology-related skills. With the inclusion of 

‘‘Preparing Teachers for Digital Age Learners’’, H.R. 4137 authorizes competitive grants to transform the way departments and 

schools teach technology integration and to develop partnerships 

linking technologically-capable teachers with high-need schools. 

Recruiting teachers with math, science, or language majors 

The Committee believes that too many students, especially those 

in high-poverty schools, are taught by teachers who lack a major 

in the subject they teach. Research by the National Commission on 

Teaching and America’s Future shows a positive relationship between teacher preparation and knowledge of their subject and student achievement. Yet, according to the Education Trust, 70 percent of math classes in high-poverty middle schools are taught by 

teachers without a major or minor in math, and 57 percent of all 

science classes are taught by teachers without a major or minor in 

science. More than 12 million students in grades 7–12 are taught 


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by teachers who do not have a degree in the subject they are teaching. The Committee seeks to focus new recruitment efforts in highneed subjects, and H.R. 4137 authorizes a competitive grant program to improve the recruitment of teachers among students majoring in math, science, foreign languages, special education or 

English language instruction by offering financial incentives. 

Teach For America 

The Committee recognizes Teach For America’s innovative and 

successful approach to teacher recruitment and the lasting impact 

Teach For America corps members have had in the movement to 

eliminate education inequity in schools and school districts. Since 

its creation in 1990, Teach For America has placed more than 

17,000 outstanding college graduates of all academic majors in 

under-resourced schools around the country, reaching more than 2 

million students. After teaching for two years as corps members, 

more than 63 percent of Teach For America alumni remain in education as teachers, principals, school founders, and policy advisors, 

becoming lifelong leaders for expanding educational opportunity. 

Others remain in public service careers in other fields. By authorizing a partnership between Teach For America and the federal 

government, the Committee believes it will give Teach For America 

additional tools to help dramatically expand its reach to more than 

8,000 corps members teaching nearly 680,000 students every day 

in thirty-three urban and rural communities. 

Early childhood education professional development and career task 

force 

The Committee recognizes the importance of quality preparation 

and professional development for early childhood educators across 

the sectors of early childhood education programs. H.R. 4137 establishes competitive grants to support the preparation and mentoring 

of early childhood educators and to improve the compensation of 

early childhood educators as they earn postsecondary degrees. The 

Committee acknowledges research that shows that the quality of 

early childhood education programs and children’s readiness for 

school is closely tied to the quality of knowledge and skills of educators in those programs. Yet the preparation, ongoing professional 

development, and other supports to the early childhood workforce 

are fragmented in delivery and resources. Under Good Start Grow 

Smart, states are required to plan a professional development system as part of their Child Care and Development Block Grant 

State plan. However, there have been no resources and limited direction to states to help them perform this critical work. In addition, the issue of woefully inadequate compensation (typically less 

than $20,000 per year) for the early childhood workforce must be 

addressed by states in order to promote recruitment and retention 

of high quality early childhood educators in child care, Head Start 

and other early childhood education program settings. To rectify 

these problems, H.R. 4137 offers grants to establish or enhance existing state-based task forces on early childhood education to develop plans for comprehensive state-wide career systems. 


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Partnership grants for leadership development programs 

The Mid-continent Research for Education and Leadership has 

discovered a positive correlation between administrator tenure and 

student achievement. Yet the Committee acknowledges a lack of 

assistance to states and school districts that are struggling with 

the increasing pressure to fill vacancies in school administration. 

Nowhere is this challenge greater than in geographically isolated 

and high-poverty school districts. While there has been a great deal 

of attention on teacher preparation and efforts to attract new 

teachers to the profession, there has been considerably less focus 

on addressing the education leadership deficit. The Committee accepted an amendment by Representatives Phil Hare (D–IL) and 

Dave Loebsack (D–IA) to create the Partnership Grants for Leadership Development. This program will train education administration students to serve as superintendents, principals or other school 

administrators. Students enrolled or preparing to enroll in education administration programs, including current teachers or principals who want to advance their careers, will have access to training and mentoring specific to their needs, including intensive induction programs and recruitment incentives. 

The role of community colleges in teacher preparation 

Increasingly, community colleges are offering specific teacher 

education programs and degrees. The most recent information 

shows that 351 community colleges offered 686 degree programs in 

education (not including early childhood education and teaching assistant programs), the vast majority of which were two-year associate degrees. Many of these degrees are fully articulated with 

teacher education programs at four-year universities and provide 

their students with clinical experiences. Similarly, because of their 

geographic ubiquity, affordable tuition, and close partnerships with 

local school systems, community colleges are key factors in teacher 

professional development and alternative routes to certification. 

The Committee believes a greater community college role in teacher preparation and development is especially important to increasing the number of teachers from underrepresented populations and 

in high-need areas. 

Recognizing the ever-growing role that community colleges play 

in the preparation of teachers, the Committee includes the authorization of a new program, the Community Colleges as Partners in 

Teacher Education Grants. This program recognizes the essential 

role that community colleges play in the undergraduate preparation, post-baccalaureate certification and in-service professional development of teachers. While a precise number is not available, 

state estimates and national studies suggest that half or more of 

all teachers nationwide attend a community college. In Florida, for 

example, 52 percent of the graduates from university-based teacher 

education programs are community college transfers. Data show 

that 60 percent of the teachers graduating from the University of 

Illinois system started at a community college. These statistics are 

in line with the fact that nearly half of the nation’s baccalaureate 

degree recipients completed at least some of their course work at 

a community college. 


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The Honorable Augustus F. Hawkins Centers of Excellence 

The demand for more ethnically and culturally diverse highly 

qualified teachers is critical, especially given the significant growth 

in the numbers of minority K–12 students across the country. According to the National Center for Education Statistics, ‘‘from 1993 

to 2003, minorities increased as a percentage of total public school 

enrollment from 34 percent to 41 percent.’’ 

Accordingly, H.R. 4137 authorizes grants for the creation of Centers of Excellence at high quality HBCUs and Minority Serving Institutions. The Committee believes that the Centers of Excellence 

will provide HBCUs and MSIs that have a demonstrated record of 

preparing highly qualified teachers with a leadership role in recruiting and preparing highly qualified teachers, and also increase 

opportunities for Americans of all educational, ethnic, economic, 

and geographic backgrounds to become highly qualified teachers. 

In general, the purposes of these Centers are to increase teacher 

recruitment at Minority Serving Institutions and make institutional improvements to teacher preparation programs at such institutions. Opportunities that increase the numbers of minority teachers and enhance their training, will support broader strategies to 

enhance instructional opportunities for, and can help to eliminate 

the achievement gaps of, minority students. 

The Committee is further concerned with other underrepresented 

populations in the teaching profession, including minority males. A 

report by NCES in 2003 found that only 2.9 percent of full-time instructional faculty and staff at degree-granting institutions are African American males. Although some academic fields (such as engineering and fine arts) enjoy rates close to 5 percent, the percentages of African American men in various departments remain fairly consistent at around 3 percent. It is the Committee’s intent that 

the Centers of Excellence and the teacher residency component of 

the partnership grants, aim to address this disparity in order to increase the number of minority males in teaching positions in our 

public schools. 

Augustus F. ‘‘Gus’’ Hawkins was the first African American elected to the House of Representatives from the State of California and 

a founding member of the Congressional Black Caucus. As a 

ground-breaking leader, Representative Hawkins chaired numerous 

committees, including the Committee on Education and Labor, and 

authored more than 300 pieces of state and federal legislation. His 

comprehensive record of achievement includes extensive education 

legislation and the establishment of the Equal Employment Opportunity Commission to combat employment discrimination, which 

continues to exist today. The Committee finds it fitting to name 

these newly created Centers of Excellence after Augustus F. Hawkins as a tribute to his record of excellence and as an inspiration 

to continue working towards equality. 

TITLE III—INSTITUTIONAL AID

The National Center for Education Statistics reports that since 

1984 minority undergraduate student enrollment has surged by 

146 percent compared to a growth of 15 percent for the non-minority population. The number of institutions designated specifically to 

support minority undergraduates has also grown from 414 in 1984 


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to 1,254 in 2004. These institutions represent less than one-third 

of all degree granting title IV institutions, while enrolling more 

than half of all minority students in postsecondary education. 

These institutions also enroll a much higher percentage of low-income and first-generation college students than non-minority-serving institutions. 

By reauthorizing title III, the Committee recognizes the pivotal 

role these institutions play in ensuring access to postsecondary 

education and in increasing the number of college graduates so 

that the nation can maintain and improve its global competitiveness. H.R. 4137 includes many provisions, including some provisions outside of title III, designed to strengthen these institutions 

and expand their participation in all of the higher education programs. 

American Indian Tribally Controlled Colleges and Universities 

The purpose of section 316 or H.R. 4137 is to provide grants and 

related assistance to Tribally Controlled Colleges and Universities 

(TCCUs) to enable such institutions to improve and expand their 

capacity to serve Native American students. Such grants have 

served the thirty-four federally supported TCCUs in the United 

States, which educate over 30,000 students, by offering associates, 

bachelors, and masters degrees, as well as over 200 vocational certificate programs. In many instances, TCCUs offer hope for communities struggling with acute economic and health problems. Such 

challenges were shared by Olivia Venegas-Funcheon, President of 

Tohono O’odham Community College (TOCC) in Arizona, in her 

testimony before the Subcommittee on Higher Education, Lifelong 

Learning and Competitiveness on June 4, 2007. The funds provided 

to TOCC purchased a state-of-the-art science laboratory for research opportunities and programs. The funds also helped establish 

a study center to provide tutoring and mentoring for students enrolled in developmental coursework. Of particular significance are 

the additional resources the grant has helped bring to TOCC, including funds from the Department of Defense. These funds leveraged from other sources are important for TCCUs given the historical challenges of Native Americans. The Committee recognizes 

that TCCUs do not have sufficient financial resources to provide 

these educational opportunities without federal assistance. 

The Committee makes changes to the structure of the program 

to better support TCCUs in their missions. Specifically, the Committee permits the Secretary to use unexpended appropriated funds 

to award grants of no less than $500,000 on a formula basis. Sixty 

percent of these funds are to be awarded proportionally, based on 

the number of Native American students enrolled at these colleges 

and universities. The remaining 40 percent would be distributed 

equally among all eligible schools. 

Colleges or universities that are eligible for and receive funds 

under section 316 are not eligible to receive any additional funding 

concurrently, under parts A or B of title III. Eligible institutions 

would not be subject to the wait-out period with respect to new 

funding under section 316. 


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Additional support for minority populations 

Recognizing the need to further expand the support for minority 

students, the Committee created additional designations within 

title III for Native American-Serving, Nontribal Institutions, Predominantly Black Institutions (PBIs), and Asian American and Native American Pacific Islander-serving institutions. 

Native American-serving, nontribal institutions 

While TCCUs have played a significant role in supporting Native 

American communities, the Committee recognizes that Native 

Americans are attending college at greater rates than ever before 

and many Native American students are attending nontribal institutions of higher education. In 2002, forty-two public and private 

institutions of higher education served Native American student 

populations of 10 percent or greater. However, despite the increasing number of Native American students eligible for college enrollment, only 11 percent of the population graduates with a bachelor’s 

degree or higher. Moreover, Native American students are disproportionately enrolled in two-year colleges, and are much less 

likely to finish college than their non-Native American peers. Native American student educational attainment continues to lag far 

behind that of the total student population. Many Native American 

students come from families with low incomes, have parents with 

low levels of education, and are less likely to have completed a precollege curriculum in high school. With increasing enrollment, nontribal institutions of higher education that serve large populations 

of Native American students require resources to improve and expand their capacity to serve the unique and diverse needs of their 

Native American student population. 

To assist nontribal institutions of higher education to better 

serve Native American students, the Committee has established a 

competitive grant program for those institutions serving a Native 

American student population of 10 percent or greater. Grants will 

support curriculum development and academic instruction, faculty 

development, and student services such as academic tutoring and 

counseling. The Committee recognizes that the grant program will 

improve the capacity of Native American-serving, nontribal institutions of higher education to provide quality educational opportunities for Native American students to narrow the educational attainment gap and to better prepare students to meet the demands of 

a competitive workforce. 

Predominantly Black Institutions 

Many higher education institutions have been ineligible for federal grants to enhance college access for low-income and minority 

students because they are not Historically Black Colleges and Universities (HBCU) established prior to 1965. The Committee finds 

that at least 75 additional institutions, currently not receiving 

funding under part B that serve more than 200,000 students, 

would be eligible for these monies under this authorization. As 

such, the bill extends the college access grants to Predominantly 

Black Institutions (PBIs). 

PBIs are different than HBCUs in mission, history and, in some 

instances, resource challenges. Similar to HBCUs, they are meeting 

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dents, a disproportionate number of whom are African American. 

The allocation formula will be similar to the formula for the title 

III, part B HBCU institutions. Awards will be based on the percentage of Pell Grant recipients, students graduating within a specified period of time, and students progressing to degree programs 

at the next academic level. The PBI grant program will increase 

college access for the growing number of urban and rural minority 

students whose family and financial situations limit their college 

attendance. 

Asian American and Native American Pacific Islander-serving institutions 

The population of Asian American and Native American Pacific 

Islanders (AAPI) is an exceptionally diverse population. Characteristics of the AAPI population vary according to ethnicity, immigration patterns, historical experiences, and social group issues. The 

diversity of the population is reflected in the federal government’s 

categories for Asian Americans and Pacific Islanders. There are 17 

ethnic groups considered to be Asian and four ethnic groups considered to be Pacific Islander. Neither definition reflects AAPIs who 

may identify as ‘‘more than one race’’. 

The distinct cultural, linguistic, socioeconomic, and historical experiences that affect educational attainment of different AAPI subpopulations are often overlooked because programs and policies are 

based on aggregated data and the assumption that AAPIs are a 

monolithic group. 

While Asian Americans and Pacific Islanders overall have the 

highest college graduation rates of any group (44 percent in 2000), 

certain subgroups have much lower rates of degree attainment. 

Only 13.8 percent of Vietnamese Americans, 5.8 percent of Laotian 

Americans, 6.1 percent of Cambodian Americans, and less than 5.1 

percent of Hmong Americans had college degrees. Only 13.8 percent of Pacific Islanders had degrees. To address this challenge, the 

Committee includes the creation of a new program within title III 

to designate institutions that serve this population. Such a program will provide the assistance to institutions to expand their capacity to identify and assist underserved AAPI students. 

Historically Black Colleges and Universities 

Part B of title III was first enacted by Congress as part of the 

Higher Education Act Amendments of 1986 as the Historically 

Black College and University Act. The intent of the legislation then 

and now is to eliminate the disparity of educational opportunities 

for minorities in the United States. 

The Committee believes that in the nation’s struggle to offer the 

ideal of an equal education for all Americans, Historically Black 

Colleges and Universities (HBCUs) have played a critical role to 

enrich and inspire postsecondary education for African-Americans, 

low-income, and educationally disadvantaged Americans. For many 

generations from slavery to segregation, HBCUs were the only institutions in which minorities could receive a postsecondary education. 

Their significance is only underscored by the fact that they represent only 3 percent of all colleges and universities, yet they enroll 

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8Subcommittee on Higher Education, Lifelong Learning and Competitiveness, Hearing: ‘‘Higher Education Act: Institutional Support for Colleges and Universities Under Title III and Title 

V,’’ June 4, 2007. 

stitutions. Additionally, 24 percent of all PhDs earned each year by 

African Americans are conferred by twenty-four HBCUs; eighteen 

of the top twenty-three producers of African American students 

who go on to receive science related PhDs are HBCUs; four of the 

top ten producers of successful African American medical school applicants are HBCUs; eight of the top ten producers of African 

American engineers are HBCUs.8

To ensure the continued success of these institutions and the students they serve, the Committee has made changes to title III that 

include establishing minimum grant allotments and modifications 

to uses of funds to support activities such as financial literacy. And 

to further enhance the graduate programs within HBCUs, the following six universities are added to the list of qualified graduate 

programs: Alabama State University, Bowie State University, Prairie View A&M University, Delaware State University, Langston 

University, and the law school at the University of the District of 

Columbia. 

Endowments at HBCUs 

The Journal of Blacks in Higher Education reported in 1997 that 

the combined endowments of all 41 colleges represented by the 

United Negro College Fund Historically Black Colleges and Universities were about one fourteenth the size of the largest endowment 

held by a single institution nationally ($8.8 billion). In a more recent report conducted by the Southern Education Foundation, Howard University had a $308 million endowment while the largest endowment held by a single institution nationally had increased to 

$18 billion. Endowments play a critical role ensuring the stability 

and sustainability of institutions like HBCUs. 

In order to address this growing challenge faced by HBCUs, the 

Committee increased the authorization levels for the Endowment 

Challenge Grant program, which have not been increased since 

1980. 

Supporting Capital Needs at HBCUs 

Many of our nation’s HBCUs are housed in historical buildings 

that are in significant need of renovation, updating, and repair. 

Congress established the HBCU Capital Financing program to provide HBCUs with resources for repairs and renovations. The limit 

on the amount of bonds that may be outstanding was reached in 

the effort to assist institutions impacted by the Gulf Coast hurricanes. In order to allow the Secretary to continue issuing bonds for 

the program, the Committee includes language to increase the 

amount of outstanding bonds that may be issued. 

Support for institutions impacted by Gulf Coast hurricanes 

H.R. 4137 includes a provision to provide the Secretary of Education with waiver authority to hold Gulf Coast hurricane-affected 

institutions of higher education harmless from the enrollment-driven title III formula for the FY 2008–FY 2012 cycle. Gulf Coast hurricane affected institutions of higher education currently face a 

challenge maintaining their title III funding level due to enrollVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00253 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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ment decreases that are a direct result of the hurricanes that devastated communities in 2005. 

The Committee believes that these provisions are necessary in 

order for these institutions of higher education to continue expanding their capacity to serve low-income students by providing funds 

to improve and strengthen the academic quality, institutional management, and fiscal stability of eligible institutions. 

Minority Science and Engineering Improvement Program 

There is broad consensus that to remain globally competitive, the 

United States must produce more graduates in the fields of science, 

technology, engineering, and mathematics (STEM). The Committee 

recognizes that in order to accomplish this goal, it will be necessary 

to dramatically increase the number of under-represented minorities pursuing these fields. According to the U.S. Census, 39 percent 

of the population under the age of 18 is a racial or ethnic minority. 

That percentage is expected to pass 50 percent by the year 2050. 

Yet, in 2000, only 4.4 percent of the science and engineering jobs 

were held by African Americans and only 3.4 percent by Hispanics. 

Early outreach, awareness and engagement are essential to encouraging youth to pursue STEM fields. H.R. 4137 establishes 

Youth Engagement in STEM Partnerships to address this need by 

leveraging the community ties of title III and title V institutions 

to establish outreach and experiential-based learning projects that 

encourage students to pursue careers in the STEM fields. 

One example of where this approach has been successful is the 

Hispanic Engineering Science and Technology (HESTEC) Initiative 

that has been established by the University of Texas Pan American, a Hispanic-serving institution in Edinburg, Texas. Over the 

last six years, HESTEC has provided over 25,000 pre-college students and 5,000 teachers hands-on, experiential learning opportunities in the STEM fields. Over the same period, the University of 

Texas—Pan American has seen its engineering enrollment grow 

from 720 to 940, with 88 percent of the engineering majors being 

Hispanic. The YES Partnership Grants Program will enable other 

institutions to launch similar outreach and engagement initiatives. 

Mandatory funds from the College Cost Reduction and Access Act 

The College Cost Reduction and Access Act included mandatory 

funds for HBCUs and MBIs. Through a technical change in this 

bill, the Committee intends to clarify that the funds be disbursed 

through the rules that govern title III, specifically that institutions 

defined under 101 are the only institutions that shall have access 

to these mandatory funds. The Committee directs the Secretary to 

work to disburse these funds as soon as possible. 

TITLE IV—TITLE IV AMENDMENTS

Part A—Part A Amendments 

Pell Grants 

The Committee believes that the Pell Grant program is the cornerstone of all federal need-based federal student aid. In the 2006– 

2007 academic year, more than five million students benefited from 

the Pell Grant. The language in H.R. 4137, to significantly increase 

the authorized maximum award from $5,800 to $9,000, begins to 


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restore the purchasing power of the Pell Grant program. Continued 

commitment to the Pell Grant program is critical in addressing access to and affordability of higher education. The actual maximum Pell Grant award increased by $260 in the 

2007–2008 award year, and will increase by at least an additional 

$490—to a maximum award of $4,800—in the 2008–2009 award 

year. It is the hope of the Committee that the Appropriations Committee will build on the progress made by our Committee earlier 

this year and continue to increase the maximum award in coming 

years. 

Year-round Pell Grants 

In order to help financially needy students who are working to 

graduate quickly, the bill allows for year-round Pell Grants. Currently, students may only receive Pell Grants based on the traditional two semester academic year. This limits options for students 

studying year-round or on a non-traditional schedule. 

The provision of year-round Pell Grants will reduce costs to students and move them through their programs more quickly, thereby allowing institutions to increase enrollments and accelerate 

course completion and graduation for students. Additionally, yearround Pell Grants reduce the amount of debt that a student would 

otherwise accumulate, by eliminating the need to finance their education with loans. 

The Committee believes that in the coming decades, many states 

will experience significant increases in postsecondary education enrollments. Offering year-round Pell Grants will allow institutions of 

higher education to make better use of current facilities by encouraging students to attend college on a year-round basis. Students 

who choose to take classes all year could complete a two-year associates or a four-year bachelor’s degree in less time than usual. In 

addition, students may use the new summer Pell Grant eligibility 

to take courses that are overbooked in the regular academic year 

due to rising enrollments, concentrate on certain courses that require intensive study, or prepare for difficult or preliminary 

coursework (particularly incoming freshman and transfer students). 

Pell Grant eligibility 

Current law prohibits an individual who is incarcerated in a 

state or federal penal institution from receiving federal student 

loans and Pell Grants. However, in some states individuals convicted of serious sex offenses may be confined in mental health facilities. Under current law individuals so confined are eligible for 

Pell Grants. In 2004, over 50 individuals convicted of serious sex 

offenses confined in one mental health facility in Florida had received over $200,000 in Pell Grants. Representative Ric Keller (R– 

FL) offered an amendment to modify the eligibility requirements 

for Pell Grants by ensuring that offenders who remain in custody 

through involuntary civil commitment’ not be eligible for the 

awards. The Committee believes that this amendment is not intended to thwart the rehabilitation or education of such offenders, 

but it does address a very specific and particularly dangerous 

group of offenders and does not permit federal funds to be expended to these individuals through Pell Grant awards. 


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Pell Grant limitation 

Representative David Davis (R–TN) offered an amendment to 

limit the length of time a student may receive a Pell Grant to 

eighteen semesters or twenty-seven quarters. Until 1992, a student’s eligibility was limited to six years. This amendment ensures 

that this reauthorization will refocus grant aid to students who are 

actively pursuing a degree, while at the same time, recognizing the 

growth in part-time attendance. The Committee believes this will 

encourage students to make consistent progress toward a degree 

while protecting the federal fiscal interest in higher education. By 

basing the limit on semesters or quarters rather than years, this 

amendment reflects the growing number of part-time and non-traditional students who pursue a degree over an extended number of 

years. 

Data from the Department of Education shows that less than 1 

percent of students received eight Pell Grants over an eleven year 

span. This data demonstrates that the vast majority of students 

will easily meet this requirement. 

Academic competitiveness and SMART grants 

The Committee is aware that the first year implementation of 

this program generated significant concerns. Therefore, the bill includes provisions to ensure that going forward the program will 

better meet students’ needs. The Committee specifically acknowledges the different determinations of academic year by institutions, 

and accordingly makes changes to ensure that grants under this 

section are awarded at the same time as other financial student assistance. Further, the Committee strongly believes that all students eligible for federal student aid, not only United States citizens, should be eligible to receive this aid. Therefore, this legislation ensures that the eligibility requirements are consistent with 

those for all federal student aid programs. In light of current enrollment trends, H.R. 4137 extends the eligibility for this aid to 

students who attend at least half-time or more, and to those pursuing a certificate in an eligible field of study. 

TRIO 

The TRIO programs have served many low-income students as 

they access, persist and graduate from secondary and postsecondary institutions, by providing student support services, college 

preparation, tutoring and other activities. 

The bill provides important technical changes to clarify the definitions of the terms different campuses and different populations. 

The Department of Education’s current regulations narrowly define 

additional campuses. Its definition thwarts an institutions ability 

to apply for grants to serve diverse groups of disadvantaged students at various campuses. The Committee intends for institutions 

with multiple campuses to be able to serve multiple populations. 

In response to recent controversies about the competitive grant 

process, the bill outlines outcome measures and evaluations procedures to ensure that programs are of high quality. Further, the 

Committee adopted an amendment offered by Representative Robert Scott (D–VA) that creates an appeals process that allows applicants and current grantees to appeal adverse grant decisions before 

an administrative law judge. 


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The Committee is concerned with the establishment of an absolute priority for the 2007 Upward Bound grant cycle that required 

all grantees to have 30 percent of all first-time participants be 

high-risk academically, further the priority required grantees to 

only select first-time participants to be in the 9th or 10th grade 

(unless they were previously served at another grant site), and, finally, required the grantee to be willing to participate in an evaluation. Some members of the Committee expressed these concerns in 

an August 2006 letter to the Secretary. The Committee is further 

concerned with the manner by which these priorities were communicated to Congress and the community, and the impact this priority will have on grantees and ultimately the students the programs serve. 

TRIO for veterans of the Armed Forces 

The bill also resolves two issues important to veterans who are 

being served by the Upward Bound TRIO program. First, the bill 

authorizes the use of Upward Bound funding for Math and Science 

programs for veterans. In taking this action, the Committee recognizes that from 1991 through 2004, the Department of Education 

successfully funded Veterans Upward Bound Math Science programs at both Humboldt State University and Montana State University. In 2004, the Department of Education unilaterally decided 

to discontinue these grants after thirteen years despite the fact 

that one of the grantees has successfully won the competition to operate its Veterans Upward Bound Math Science program and was 

completing the first year in a multi-year grant. The Committee action specifically provides the legislative authority to fund such programs, and the Committee expects the Secretary to reinstate these 

programs for the duration of the grant cycle. The Committee further expects the Secretary to honor the terms under which the 

grants were originally awarded including funding level, number of 

students to be served, recruitment criteria, provision of room and 

board, and the ability to offer veterans the opportunity to earn 

math and science credit. 

In return, the Committee expects the grantees to comply with all 

applicable accountability measures and new program outcomes that 

are part of the legislation. Further, the Committee intends for the 

programs to continue on a competitive basis for the duration of the 

authorization period. In taking this action, the Committee believes 

such efforts will ensure that these important outreach initiatives 

will continue to be offered to veterans across the country, as they 

return from service, to better prepare them to pursue a postsecondary education and gain the skills they need to be successful in 

today’s economy while complying with new accountability standards and program outcome measures. 

Second, the bill ensures that grantees are able to provide services 

for reservists that served on active duty, including those who 

served in support of a contingency operation in the reserve component for any period of time after September 11, 2001, and for reservists who were called to active duty for any reason so long as 

their period of service was more than 180 days. Since 2001, more 

than 40 percent of the troops sent overseas have been members of 

the reserve component of the Armed Forces. Under current law, 

upon returning home, these men and women are not given the 


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same benefits as individuals that served active duty in the Upward 

Bound program. The changes put forward here will ensure that 

these individuals are eligible to receive the same services under 

Upward Bound as other veterans. 

GEAR UP 

As a new program established in the 1998 amendment to the 

Higher Education Act, GEAR UP has proven to be an effective 

model in preparing low-income students for college. Recent data 

from the United States Department of Education shows that 84 

percent of the first class of GEAR UP students graduated from 

high school in 2005. This remarkable graduation rate is well above 

those of other low-income students (52.1 percent) and all students 

nationally (73.9 percent). 

In H.R. 4137, the Committee intends to strengthen the GEAR 

UP program by enabling grantees to serve students through the 

transition to college and by building incentives for partnerships to 

offer scholarships as a component of their GEAR UP grant. Additionally, the Committee adopted amendments to enhance the services provided to students and families by focusing on areas such as 

financial literacy, parental involvement, and dissemination of college information. 

Leveraging Educational Assistance Partnership/Grants for 

Access and Persistence 

The Committee believes that the changes made to the 

Leveraging Educational Assistance Partnership (LEAP)—including 

providing students with information about their grants and implementing the Grants for Access and Persistence program—will 

strengthen the program by leveraging the financial assistance provided under this program in a way that is more effective for students, states, and the federal government. These improvements to 

LEAP will broaden participation to include all stakeholders working to increase the number of financially needy students who can 

access and succeed in college. 

H.R. 4137 replaces the Special Leveraging Educational Assistance Partnership with Grants for Access and Persistence (GAP). By 

doing so, the Committee seeks to ensure the continued success of 

LEAP, the only program in which the federal and state governments work together to extend higher education opportunities to financially needy students. Under the GAP program, awarded to 

states that receive LEAP funds above $30 million, states will be rewarded for creating cohesive partnerships with colleges, foundations, businesses, and early intervention and mentoring programs. 

Access and persistence partnerships have three main purposes: to 

provide low-income students with adequate grant aid to ensure access to four-year colleges and eliminate unmet need; to provide 

early notification to low-income students of their eligibility for financial aid; and to increase participation of low-income students in 

early information, intervention, mentoring, and outreach programs. 

Research on college access programs with such components has 

shown that participating students are more financially and academically prepared, and thus more likely to enroll in college and 

persist to degree completion. 


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The Committee strongly encourages states to develop strong and 

broad partnerships that include philanthropic and business organizations, colleges and early intervention and mentoring programs. 

The Committee encourages the Secretary and states to coordinate 

the early notification components of the GAP program with other 

existing or new early financial aid awareness efforts in order to 

avoid duplication of services or information. Further, the Committee encourages the Secretary and states to work together to coordinate the GAP program with the Challenge Grant program to 

ensure continuity of services. 

High School Equivalency Program (HEP) and the College Assistant Migrant Program (CAMP) 

Farm-worker migrant and seasonal students are among the most 

disadvantaged youth in this nation and have one of the highest 

drop-out rates. They encounter tremendous obstacles in completing 

high school and transitioning and completing postsecondary education. For over three decades, the High School Equivalency Program (HEP)—College Assistant Migrant Program (CAMP) programs have been successful in helping farm-worker migrant and 

seasonal students to overcome barriers and provide them with opportunities to succeed in both secondary and postsecondary education by providing support services to help students make the 

transition to college. 

The College Opportunity and Affordability Act of 2007, builds 

upon the success of the existing HEP–CAMP program by making 

improvements to the current program to allow additional activities 

that helps with the transition and improve the persistence and retention of farm-worker migrants students in postsecondary education. Activities include child care, transportation and follow up 

services. The legislation would also mandate data collection regarding farm-worker migrant and seasonal students’ high school graduation rates, entrance and completion of postsecondary education 

to better understand the obstacles these students face in successfully completing postsecondary education. These improvements to 

the HEP CAMP programs would help to close the access and completion gaps for farm-worker migrant and seasonal worker students 

and their families and help make college education a more affordable, achievable dream. 

Robert C. Byrd American Competitiveness Program 

Over the past several years the Committee has heard from multiple witnesses that our nation’s competitiveness depends on the 

quality of our science, technology, engineering and mathematics related workforce. Careers in these disciplines support the United 

States in maintaining its leadership in innovation and in ensuring 

that we can solve challenging problems such as designing new 

technologies, protecting our nation, and maintaining a strong economy. Therefore, the Committee is discouraged that America’s high 

school students are struggling to keep up with their industrializedworld peers in the fields of mathematics and science and believes 

that Congress must do more to encourage our young people to pursue careers in these fields, providing not only for their prosperity 

but that of the entire nation. 


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Accordingly, H.R. 4137 includes a comprehensive proposal to help 

strengthen American competitiveness by increasing opportunities 

for students to study mathematics, science, and related fields. H.R. 

4137 builds on the framework of existing federal higher education 

investments to better reflect the national priority of increasing the 

number of American students studying advanced science and mathematics. H.R. 4137 updates the Robert C. Byrd Honors Scholarship 

program to meet this priority. 

The College Opportunity and Affordability Act of 2007 includes 

three distinct approaches to increase mathematics, science and foreign language opportunities for students. First, the bill authorizes 

mathematics and science honors scholarships to encourage students to pursue a baccalaureate, masters, or doctoral degree in 

physical, life, or computer sciences, mathematics, and engineering. 

This idea, generated from testimony provided by Mr. Norm Augustine during the hearing that took place in the 109th Congress, 

‘‘Challenges to American Competitiveness in Math and Science,’’ is 

intended to provide an incentive for more students to persist in 

studies in the math and science disciplines. Mr. Augustine’s testimony pointed out that in the mathematics field, current trends indicate that of 3,500 ninth graders interested in math, only 300 of 

those students will qualify as freshmen to pursue a degree in 

mathematics. Of the 300 students, only 10 will receive a bachelors 

degree and only one will finish at the Ph.D. level. 

Second, H.R. 4137 authorizes the Secretary to pay up to $5,000 

in student loan interest for individuals who have obtained degrees 

in science or mathematics and serve as teachers or other professionals in related fields. The loan forgiveness also provides an incentive for students to enter into the math and science fields. In 

addition, this incentive attempts to maintain people in the math 

and science fields by requiring that anyone receiving this forgiveness must work in a math or science related field for at least five 

years. 

Finally, the College Opportunity and Affordability Act of 2007 

authorizes the Secretary to award grants to partnerships composed 

of institutions of higher education and local educational agencies to 

increase the number of highly qualified teachers in critical foreign 

languages and increase the number of students who achieve the 

highest level of proficiency in these languages. 

These provisions build on the provisions included in the America 

COMPETES Act, P. L. 110–69, and will help ensure that the country’s young people are armed with the skills needed to bolster 

America’s competitiveness throughout the world. 

Part B—Federal Family Education Loans 

Loan forgiveness in areas of national need 

Our nation’s workforce, while strong and vibrant, suffers shortages in key sectors. Acknowledging this need, the Committee expands the loan forgiveness program to offer up to $10,000 ($2,000 

per year for five years) of loan forgiveness to individuals in professions considered to be areas of national need as designated by the 

Secretary. This program includes loan forgiveness for: early childhood educators, nurses, foreign language specialists, librarians, 

highly qualified teachers serving students who are limited English 


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proficient in low-income communities and teachers who are individuals from underrepresented populations, school counselors, public 

sector employees, nutrition professionals, national service program 

participants, medical specialists, mental health professionals, and 

speech language pathologists. The Committee believes authorizing 

loan forgiveness for these areas with demonstrated national need 

will provide a step in the right direction as the nation works to alleviate shortages in key fields. 

Of significant concern to the Committee is the critical shortage 

of nurses. Dating back to 2000, there was a 6 percent shortage of 

nurses and other health care professionals. The need for nurses is 

projected to increase to by almost 30 percent in the next fifteen to 

twenty years. There is also a shortage of professionals available to 

teach students to become nurses, exacerbating the shortages today 

and those we will see into the future. Over the next ten years, 

more than 2 million nurse faculty will leave the field for other careers. 

Similar shortages are predicted in allied health professions. According to the U.S. Bureau of Labor Statistics, the health care industry is predicted to add nearly 3.5 million new jobs between 2002 

and 2012, an increase of 30 percent. A large majority of these new 

jobs will be in allied health professions. At the same time that demand for allied health professionals is expected to grow, there are 

a variety of challenges relating to the training and retention of 

these professionals. 

The Committee is additionally concerned with the shortage of 

well-trained and qualified early childhood educators. The evidence 

of a shortage of early childhood educators and the importance of 

having qualified people serve in these positions is clear. The Economic Policy Institute, the Keystone Research Center and the 

Foundation for Child Development recently published a report titled, ‘‘Losing Ground in Early Childhood Education: Declining 

Workforce Qualifications in an Expanding Industry, 1979–2004, ’’ 

in which it was demonstrated that the share of early childhood 

staff with college degrees has dropped significantly over the past 

twenty years, from 43 percent to 30 percent. In addition, the report 

pointed out that the most educated cohort of early childhood teachers are retiring in the next fifteen years and there are not enough 

students in the pipeline to fill those positions. Moreover, the demand for early childhood programs is growing. Today, approximately 70 percent of families with children include two working 

parents or one unmarried working parent. Nearly 12 million children under give years of age are in some type of regular child care 

arrangement, including 55 percent of infants under one year of age 

and 67 percent of three and four year olds. Access to high quality 

programs staffed by qualified early childhood educators is essential 

for all children to receive the support and care they need during 

the years in which their brains are growing the fastest. Increasing 

the supply of well-trained early childhood educators is an essential 

component to helping more children arrive at kindergarten ready 

to succeed and to closing the achievement gap. 

Loan forgiveness for civil legal assistance attorneys 

A study released in 2005 found that only 50 percent of the people 

eligible for legal services (meaning they had household income for 


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9 2005 Justice Gap Report. See report at the following link: http://www.lsc.gov/JusticeGap.pdf 

10 ABA Lifting the Burden: Law Student Debt as a Barrier to Public Service Report at page 

40. See report at the following link: www.abanet.org/legalservices/downloads/lrap/ 

lrapfinalreport.pdf 

a family of four of $25,800 or less) were able to get legal help from 

a legal aid program.9 Estimates are that closer to 80 percent of low 

income Americans actually have unmet civil legal needs. Unfortunately, there is only one legal aid attorney available per 6,861 lowincome Americans, compared to one attorney for every 525 middleincome Americans. One key reason for this disparity is the inability 

of legal aid programs to recruit and retain attorneys. 

As law school tuition has skyrocketed, legal aid salaries have not 

increased in any significant way. Between 1992 and 2002, public 

law school tuition increased 134 percent and private law school tuition increased 76 percent. A recent survey found that with median 

law school debt at $70,000 with an additional $16,000 in undergraduate debt, over 65 percent of new law school graduates were 

prevented from even considering a public service career. 

The average starting salary for a legal aid attorney is $36,000 a 

year. Yet among those attorneys who do commit to a legal assistance program, 90 percent graduated with debt. The debt averaged 

$77,000 translating into payments of $12,000 a year.10 Given these 

financial realities, many law graduates who take positions with 

legal aid leave after only two or three years of service. 

To address this growing challenge, the Committee includes language to build on existing loan repayment and retention programs 

for federal prosecutors and twenty-nine other government agencies, 

including the Department of Justice and the Congress, by providing 

partial loan repayment assistance to full time civil legal assistance 

lawyers. The Committee strongly supports this aid to this group of 

attorneys in exchange for commitments of service. It is the belief 

of the Committee that such a program will help ease the challenges 

of recruiting and retaining qualified and talented attorneys working as legal aid attorneys. 

Delinquency prevention, default aversion, and consumer information 

As found in titles I and X of H.R. 4137, in response to the Committee’s oversight and investigative findings, the Committee provided for improved consumer disclosures and school and lender reporting on terms and conditions of federal student loans. The Committee recognizes that guaranty agencies can play an important 

role in assisting students and families take full advantage of the 

clear, concise and consistent information that will be available to 

help inform students and parents as they undertake critical educational financing decisions. As more and more students turn to 

loans to finance their education, the Committee believes that additional and enhanced budgeting and financial management, including debt management and other aspects of financial literacy, such 

as the cost of using high interest loans, and the consequences of defaulting on loans, can help students and families avoid costly mistakes that can have an indelible and devastating impact on their 

lives. 


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11 Audit to Determine if Cohort Default Rates Provide Sufficient Information on Defaults in 

the Title IV Loan Programs (Washington, DC: Department of Education Office of Inspector General, December 2003). 

Cohort default rates 

Over the years, a number of provisions have been enacted under 

the Higher Education Act to protect the integrity of the federal student aid programs. One effective mechanism was to restrict federal 

loan eligibility for students at schools with very high cohort loan 

default rates. These rates have served as a relatively reliable indicator of the quality of programs and resulting success of the students in the job market. Under current law, loss of eligibility occurs 

if an institution has a cohort default rate of 25 percent or more for 

three consecutive years. Although the overall cohort default rate 

has fallen to 4.6 percent in 2005, from an overall high of 22 percent 

in 1992, the snapshot taken for purposes of the cohort default rate 

should be expanded to coincide with the change in the definition 

of default from 180 days to 270 days, in order to ensure a more realistic calculation. 

Unfortunately, current cohort default rates may not provide an 

accurate picture of the number of students who are defaulting. According to a 2003 report by the Department of Education’s Inspector General, some schools use various strategies to keep defaults 

from being counted.11 These strategies include working to keep borrowers from defaulting during the maximum two-year period, the 

time in which cohort default rates are calculated. Such actions may 

mask actual default rates which tend to increase over time. 

The Committee adopted an amendment offered by Representatives Rau ́l Grijalva (D–AZ) and Tim Bishop (D–NY) to address this 

potential inconsistency and to provide Congress with realistic information on defaults. This language lengthens the period in which 

the cohort default rate is collected in order to capture the defaults 

that occur just beyond the current window and will make it more 

difficult for institutions to avoid defaults from being counted. The 

language extends the cohort default rate by one year. 

The Committee believes that it is also important to continue to 

follow loan defaults over the life of the loan by calculating and publishing updates to the initial cohort default rates annually, by institutional sector. The Committee recommends that such follow-up 

apply to all sectors in order to provide a clearer picture of default 

rate trends. 

Part C—College Work-Study 

Work-study has played a growing and necessary role in the financing of a student’s education. During a hearing held by the 

Committee on May 1, 2007, Luke Swarthout of U.S. PIRG cited a 

report of the organization that 74 percent of full-time students 

graduating in 2000 worked while attending school. The Committee 

believes that work-study is a valuable program for students in the 

financing of their education and to that end H.R. 4137 reauthorizes 

the program. 

Additionally, the Committee supports the continued use of funds 

for community service through an expansion of the program that 

allows funds under the program to be used for activities that respond to the needs of a community during natural disasters. As a 


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further extension of these efforts, the Committee includes language 

to allow for institutions of higher education to supplement off-campus community service employment. 

To ensure that institutions are properly informed about the need 

to encourage community service through the work-study program, 

the Committee requests the Department of Education and the Corporation for National and Community Service 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. 

Work colleges 

The Committee continues to support work colleges as institutions 

that have proven an effective means of providing students the opportunity to work and learn. The bill includes language that encourages new models of student-organized volunteer service 

projects provide students with the opportunity to participate in volunteer service projects associated with institutions of higher education is an excellent way to develop leadership and civic engagement. 

Part D—Federal Direct Student Loans 

Loan forgiveness 

The College Cost Reduction and Access Act (P.L. 110–84) created 

a loan forgiveness program to encourage individuals to pursue public service. Specifically, the legislation revised the Direct Loan Income Contingent Repayment program to allow individuals who 

choose public service the option to have their loans forgiven after 

ten years if payments are made during that time period. The Committee makes changes to this program to clarify the categories of 

jobs that qualify for public service. 

Direct loans 

The Committee reauthorizes the Direct Loan program. Further, 

the Committee adopted an amendment by Representative Tom 

Price (R–GA) to authorize the Secretary to conduct an audit of the 

program. The Committee believes such an audit is consistent with 

the process the Secretary should use for the oversight of all federal 

student aid programs and notes that this provision does not give 

the Secretary authority to diminish the valuable role that the Direct Loan program plays in the financing of higher education and 

as serving as an alternative to the Federal Family Education Loan 

program. 

Part E—Perkins loans 

The purpose of the Perkins loan program is to lend low-cost 

funds to borrowers with demonstrated financial need. Perkins loans 

make a significant difference for low-income borrowers who do not 

otherwise receive enough funds to pay for college. The Committee 

believes that, given this purpose and the need the Perkins loan 

program will be an essential of higher education financing for the 

foreseeable future. 


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Throughout the history of the Perkins Loan program, $7.9 billion in federal contributions has been leveraged to award over $24 billion in loans to financially needy students through almost 22 million aid awards, making it one of the most effective public-private 

partnerships in the federal government. Perkins loans offer financially needy students a long-term, fixed 5 percent interest rate 

loan. Without Perkins loans, the over 700,000 borrowers would be 

forced to borrow from high-cost alternative sources, such as private 

education loans. 

H.R. 4137 reauthorizes the Perkins loan program and increases the annual maximum loan limits from $4,000 to $5,500 for undergraduates and from $6,000 to $8,000 for graduate or professional 

students. Additionally, the aggregate loan limits are increased from 

$20,000 to $27,500 for undergraduates and from $40,000 to $60,000 

for graduate and professional students. H.R. 4137 emphasizes that 

collections of assigned loans should be returned to the revolving 

fund of the campus that assigned the loan, after deducting the Department’s collection costs. The bill harmonizes certain requirements under the Perkins loan program with those of the FFEL and 

DL programs. In particular, Perkins borrowers would no longer be 

required to request forbearance in writing. In addition, in order to 

rehabilitate a defaulted loan, borrowers would be required to make 

nine consecutive monthly payments. H.R. 4137 also provides improved disclosure in the consolidation process regarding loss of Perkins benefits and allows for expanded cancellation opportunities for 

full-time firefighters, full-time faculty at tribal colleges, librarians, 

and speech-language pathologists. 

The Committee notes that the Secretary lacks the authority to 

require assignment of defaulted Perkins loans and it is the intent 

of the Committee that any funds collected from defaulted Perkins 

loans, including loans that have been assigned to the Department 

of Education for additional collection activities, be returned to the 

program’s revolving fund and available for new loans to future students. 

Part F—Need analysis 

The Committee believes that the needs analysis system should 

be as comprehensive as possible to recognize the differing situations of students and to ensure that students receive an appropriate amount of federal student aid. This legislation builds on the 

existing system by ensuring that veterans receiving education benefits are not financially harmed; clarifies the treatment of military 

housing benefits; allows nursing home expenses to be considered 

when financial aid officers are making exceptions for unique circumstances; and allows ‘total income’ for dislocated workers to be 

based on estimated income. 

Additionally, the Committee recommends further exploration of 

the challenges faced by students who live in high-cost areas of the 

country. Under the current calculation of expected family contribution (EFC), students living in areas with a high cost of living face 

a significant disadvantage using the federal need analysis formula 

set in title IV. The current formula protects a standard allowance 

for all families to use for housing and other living expenses, and 

presumes that all families have similarly proportionate amounts 

left over from their income to use for their children’s college costs. 


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As a result, families who live in certain areas of the country and 

who must allocate a larger percentage of their income to their 

housing costs than estimated in the need analysis have less money 

available for college than the formula indicates. The Committee is 

particularly concerned that this circumstance significantly affects 

low-income students’ eligibility for Pell Grants, the amount of their 

Pell Grants, and decreases or eliminates eligibility for students for 

federal student loans. 

Part G—General provisions 

FAFSA 

For many families, applying for federal student aid can be an 

overwhelming task. The Committee believes that, particularly for 

students who are the first in their families to go to college, ensuring the provision of useful and early information and making the 

application process simpler means that fewer students see the application as a barrier to college. This bill simplifies the existing 

Free Application for Federal Student Aid (FAFSA) by encouraging 

the Secretary to reduce the number of questions required to be entered by the applicant by 50 percent over the next five years. For 

reapplications in subsequent years, the bill also streamlines the 

FAFSA process. 

To address the needs of first-generation college students and ensure that lack of family financial literacy does not stand in the way 

of attaining a college education, the bill creates a two-page FAFSAEZ form for low-income students and families who qualify for the 

‘‘automatic zero’’ expected contribution or the simplified needs test. 

Additionally, the Committee believes that information about available aid is an important factor in making an informed decision 

about college attendance. Therefore, H.R. 4137 directs the Secretary to implement a system that allows students and families to 

enter information and receive estimates of their Expected Family 

Contribution and total amount of aid in the years prior to enrollment in higher education. 

H.R. 4137 includes a Sense of the Congress for the Department 

of Education and the Internal Revenue Services (IRS) to work together by sharing information germane to student aid applications. 

According to a report issued by the Institute for College Access and 

Success, by pre-populating the FAFSA form with information held 

by the IRS, approximately two-thirds of the income related questions could be eliminated from the FAFSA form while enhancing 

the integrity of the application process. Such a proposal could increase access by making the form less daunting and greatly reducing the time and calculations now required of families. Further, because the information would come directly from IRS, there would 

be fewer errors and miscalculations, resulting in more accurate aid 

awards and reducing the paperwork burden for institutions by 

eliminating the need for verifying income information. 

Student eligibility 

Under current law, students lose their eligibility for student aid 

if they were convicted for the sale or possession of drugs while receiving federal aid. The provision does not affect students who may 

have been arrested prior to the start of their first year of college, 


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nor does it affect students who may have an arrest during a semester or summer off from classes if they were not receiving federal 

student aid during that period. In addition, the Committee adopted 

two amendments offered by Rep. Mark Souder (R-IN). The first 

amendment requires institutions to inform students upon enrollment with a separate, clear and conspicuous written notice that advises students about the penalties for a drug conviction. The second 

amendment provided one additional manner in which a student 

can regain eligibility for student aid by giving students the option 

of passing two unannounced drug tests without participating in 

drug rehabilitation program. The Committee believes the Department of Education should take sufficient measures to ensure the 

integrity and privacy of these drug tests. Such drug testing should 

utilize only highly-reliable methods conducted by a qualified drug 

rehabilitation program. 

The Committee believes that the Department of Education and 

institutions of higher education should take all necessary steps to 

ensure that students understand the implications and provisions of 

section 484(r). As currently worded, the ‘‘drug penalty’’ question on 

the FAFSA form serves as a potential barrier to entry, because 

many students fail to complete their financial aid application due 

to a lack of complete understanding about 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 these applications, approximately 5,400 students were 

deemed ineligible for aid—34 percent of those originally deemed ineligible for aid. 

Therefore, the Committee believes that the Department of Education should immediately re-word the question on the FAFSA 

form in order to more accurately reflect the provision. The re-worded question should include: a threshold question about whether the 

student has ever received student aid—if they have not, they cannot be disqualified because of a conviction; a clarification that a 

conviction for alcohol does not disqualify a student for federal aid; 

information incorporated from the FAFSA worksheet that helps to 

clarify the limitations on aid and notes that an applicant may be 

eligible for federal aid depending on the date of the conviction; and 

a request for students to submit the worksheet on convictions so 

that the Department can gather more accurate data or review 

these worksheets for any errors. Further, the eligibility/drug conviction worksheet should be changed to include information on how 

students can regain eligibility after being convicted of a drug offense. 

Data analysis on access to federal student aid for certain populations 

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 Committee intends 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 as well as the nature of the offenses underlying the excluVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00267 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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sion. The information at a minimum shall include, but is not limited to, the total number of students affected and the numbers 

disaggregated by the following categories: family income, dependency status, age, zip code, gender, marital status, family size, highest level of education of mother, highest level of education of father; 

parental marital status, state of legal residence, grade level in 

school, degree or certificates sought, status as ward of the court, 

status of dependent children, veteran status, active military status, 

receipt of benefits from any of the federal benefit programs listed 

on the FAFSA, and WIC, whether denial was based on drug possession or sale, number of convictions for selling, number of convictions for possession, year of last conviction for selling, year of last 

conviction for possession, whether the student had attended an acceptable rehabilitation program, whether the student had completed two unannounced drug tests, and, if possible, whether the 

person was previously denied federal financial aid due to a drug 

conviction. 

Financial aid for students with intellectual disabilities 

The Committee acknowledges the unique challenges students 

with intellectual disabilities face in meeting the enrollment and 

coursework requirements for federal financial aid. The Committee 

authorizes eligibility for Pell grants, work-study programs, and 

Supplemental Educational Opportunity Grants for students with 

intellectual disabilities who meet the financial need criteria, even 

if they are enrolled in non-degree programs. 

Disability determination 

H.R. 4137 makes a subtle but powerful change to the parameters 

around total and permanent disability discharge provisions. The 

Higher Education Act has long provided for the discharge of a student’s loan in the case of death and total and permanent disability. 

In 2000, the regulations surrounding the total and permanent disability discharge changed dramatically. New and additional burdens to students already facing very difficult life and health situations were added in an effort to stem perceived fraud and abuse. 

While the Committee agrees with enforcing standards to ensure 

that only those who are truly qualified receive such benefits, the 

accompanying requirements must also be reasonable. H.R. 4137 

provides that, if the Veterans Administration determines an individual is totally and permanently disabled, the Secretary of Education shall accept that determination for the purposes of title IV. 

The Committee believes that a balance can be achieved between 

providing for this discharge without unnecessary administrative 

burden on recipients and preventing fraud and abuse. The Committee believes that once an individual has met the burden of proof 

relating to disability for the purposes of the discharge of a student 

loan under rules established under another federal agency, there 

should be no need for an additional federal agency to revisit that 

determination. 

Veterans 

Veterans and active duty service members returning from war 

need additional support to be successful in post-secondary education. Many veterans face financial, academic, and social barriers 


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to successfully completing postsecondary education. Coordinating 

veterans’ health and education benefits with student financial aid 

is often challenging, resulting in some veterans forgoing benefits 

they have earned as a result of fulfilling their duty. Campuses are 

struggling to support veterans returning from Iraq and Afghanistan, many of whom are suffering mental and physical health challenges from their service in a war zone. 

The Committee has included several provisions in H.R. 4137 to 

address the growing needs of veterans on campus. In the need 

analysis calculation for federal student assistance, H.R. 4137 ensures fair treatment of veterans by clarifying the treatment of military housing and by crediting veterans’ contributions to their Montgomery GI bill benefits. 

Information for students; campus safety 

The Committee is particularly concerned with the safety of students and personnel on our nation’s campuses, not only in emergency situations but also on a daily basis. It is the intention of the 

Committee that the amendments made to this section will help protect students and personnel on campuses. 

Section 488(b) ‘‘Criminal Offenses Reported,’’ requires ‘‘degree 

granting institutions’’ to add four crime categories to their regular 

Campus Crime Statistics reporting. The Committee believes 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 

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 Committee believes that this provision will 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, Crime in the United States and Hate 

Crime Statistics. 

Further, the Committee acknowledges the importance of informing the victim, or the next of kin in case of the victim’s death, in 

specific instances of student misconduct at institutions of higher 

education. However, it also recognizes the need to maintain the 

protection and privacy of student educational records, as required 

under federal privacy laws. Therefore the Committee included in 

H.R. 4137 a requirement for institutions of higher education to disclose the final results of any disciplinary proceeding to an alleged 

victim of any crime of violence or non-forcible sex offense. This will 


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ensure the institution carefully examines the complaint and if any 

action is taken that the victim, or victim’s family, knows what action the institution took in regard to the crime and is informed 

while protecting student privacy. This provision will help institutions of higher education and victims work together toward greater 

safety on campus. 

Articulation agreements 

It is the intention of the Committee that states work in partnership with public institutions to develop comprehensive articulation 

agreements among such institutions by 2010. Such articulation 

agreements will help students transfer credits between institution 

and ensure a quicker and less expensive path to graduation. In 

particular, states are encouraged to develop agreements between 

community colleges and four-year institutions. The provisions included in H.R. 4137 are not intended to supersede the academic 

freedom of any institution, nor is it intended to require institutions 

to accept credits from another institution. 

The Committee notes that states have begun to implement such 

agreements, and have employed best practices including common 

course numbering and general education core curriculum. While 

the Committee recognizes that all states have already taken some 

measures to employ articulation agreements among institutions, it 

is the intention that this language will encourage states to develop 

comprehensive agreements that employ best practices and ensure 

that students receive credit for courses taken. 

Accordingly, the Committee wishes to acknowledge the National 

Articulation and Transfer Network (NATN), which has been working to develop a nationally coordinated articulation and transfer 

network to increase the percentage of credits accepted in transfer 

and fully counted toward the degree or certificate completion requirements of undergraduate students. NATN is supported and 

sponsored by hundreds of institutions of higher education across 

the United States with Minority Serving Institutions being at the 

forefront of its current efforts. The Committee believes that NATN 

can become a national center of information for students and institutions to facilitate the enrollment, transfer, and full-credit articulation of students. The Committee encourages the institutions to 

work closely with NATN and its partner institutions and organizations to find ways to ease the transfer burden for postsecondary 

students. 

The ‘‘90/10 Rule’’ 

The 90/10 rule was put into effect by the 1998 Higher Education 

Act Amendments (P.L. 105–244), replacing its predecessor, the 85/ 

15 rule, which was authorized by the 1992 Higher Education Act 

Amendments (P.L. 102–235). 

During the 1998 reauthorization process, Congress reduced the 

percentage of revenue that proprietary institutions had to obtain 

from non-title IV sources to a minimum of 10 percent. The Department of Education modified the definition of revenue and calculation of eligibility through regulations following the 1998 reauthorization. 

Recognizing that institutions should continue to demonstrate 

that they maintain non-federal funds, the Committee adopted a 


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provision that retains the 90/10 rule but moves the requirement 

from an ‘‘eligibility criterion’’ in section 102 to a ‘‘program participation’’ criterion under the program participation agreement (PPA) 

currently in law. 

In addition to the move to the PPA, the language includes strict 

rules as to what may count in an institution’s 10 percent. As outlined in H.R. 4137, the following sources of funds currently count 

toward meeting the 10 percent requirement: funds paid out of pocket by students, or on behalf of students, to cover tuition and fees; 

school activities, such as a restaurant, required for students’ education and training; non-federal grant aid received by students; federal and non-federal job training funds used to pay a student’s tuition and fees; section 529 pre-paid tuition and college savings plans 

used by a student to pay tuition and fees; private loans made to 

students by the school that are in repayment; and institutional 

scholarships from an outside source. 

The move to PPA removes the automatic termination of a 

school’s eligibility for federal student aid after a single violation of 

the rule. To ensure proper oversight of this move, the Committee 

includes additional safeguards to balance the increased flexibility 

afforded to schools. These include increased sanctions for violating 

the rule two years in a row (schools will be banned from title IV 

program participation for three years in such cases) and increased 

monitoring and reporting requirements after violating the rule for 

one year. In addition to these safeguards, the Committee believes 

that there should be public disclosure of any school that violates 

the rule in any given year. Moreover, the bill requires that the Secretary annually report to the authorizing committees the result of 

the 90–10 calculation for each school, thereby allowing the Committee to monitor compliance and assess any unintended consequences. 

The Committee believes this is a carefully balanced approach toward easing the burden of the rule on schools while providing additional safeguards to protect students and the federal fiscal interest. 

The Committee urges the Secretary to use the information collected 

on the 90/10 calculation as an opportunity to assist the Congress 

in monitoring proprietary schools to ensure that the fraud and 

abuse of the federal student aid program that originally motivated 

the rule does not reoccur. 

Transfer of credit 

An increasing percentage of the student population will change 

institutions at least once prior to graduation according to a 2005 

National Center for Education Statistics (NCES) study of bachelor’s 

degree recipients in 1999–2000. With over half of the student population seeking information on transfer policies, the Committee believes it is vital that institutions provide students with clear, useful 

information explaining their policies related to college credit mobility. 

Accordingly, H.R. 4137 requires institutions to develop an understandable transfer of credit policy. The policy must include, at a 

minimum, any established criteria that an institution uses regarding the transfer of credit earned at another institution. The Committee believes that students need to be given specific information 

about not only what coursework may transfer, but also how the 


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credits may be applied to the student’s graduation requirements. 

Therefore, the Committee strongly encourages institutions to include within the transfer of credit policy any limit on the total 

number of credits that are able to transfer to that institution and 

any limit on the number of credits that will transfer to a particular 

major. 

In addition, H.R. 4137 requires institutions to include a list of 

the institutions with which they have established articulation 

agreements within the transfer of credit policy. According to the 

Congressional Research Service, every state in the union has some 

form of arrangement relating to articulation agreements among institutions of higher education. Thirty-six of the states actually 

passed legislation enacting their agreements. The Committee applauds the efforts of the states in working to develop these agreements. At the same time, the Committee encourages states and institutions of all types to work together and across state lines to 

provide flexibility to students that wish to transfer institutions. 

Advisory Committee on Student Financial Assistance 

The Advisory Committee on Student Financial Assistance 

(ACSFA) was established in 1986 with the goal of providing extensive knowledge and understanding of federal, state, and institutional programs of postsecondary student assistance; providing 

technical expertise with regard to systems of need analysis and application forms; and making recommendations that will result in 

the maintenance of access to postsecondary education for low- and 

middle income students. The Committee appreciates the services 

provided by ACSFA over the past 20 years, however the services 

provided by ACSFA have become duplicative of those services provided by other entities including the Congressional Research Service (CRS), the Government Accountability Office (GAO), and other 

private non-profit entities. 

The Committee believes that the Advisory Committee on Student 

Financial Assistance should not begin any new work, and aim to 

complete ongoing projects prior to the expiration of its authorization in 2011. The Committee further believes that the annual appropriation should be reduced to only the amount necessary to complete ongoing work and use such savings for the oversight and implementation of the new consumer protection requirements for 

lenders and institutions in title I of the Higher Education Act of 

1965 (as amended by H.R. 4137). 

Preventing theft of intellectual property on college campuses 

College students often use their campus internet networks to 

download and share music, movies, and television programs. When 

they do it without the permission of the owner of the content, it 

is theft. This illegal file-sharing has exploded in recent years, and 

too much of it occurs on college campuses. 

Film, television, and music production companies invest their 

money and talent in creating entertainment products to generate 

revenues. Intellectual property theft has caused significant revenue 

losses within these industries—hurting jobs and workers’ benefits. 

The challenge of addressing this issue was discussed at a Subcommittee on 21st Century Competitiveness hearing in the 109th 

Congress on September 26, 2006. The hearing highlighted not only 


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the problem on campuses but also the best practices that some institutions are utilizing. Cheryl Elzy, Dean of University Libraries 

and a federal copyright agent at Illinois State University, shared 

with the Committee that her school not only is seeking to slow piracy through technology—but changing behavior as well: 

Illegal downloading of music, videos, movies, and games 

is a symptom. It is not the problem, nor is technology the 

answer. The problem is changing behavior, almost changing a culture. To that end, Illinois State can have a significant impact on peer-to-peer behaviors in another, more important way. Our teacher education graduates number in 

the top five in the nation. Almost 1,000 new teachers walk 

out our doors each year, and each teacher will influence 

the lives of at least 20–30 children each year. If our graduates can learn good Digital Citizen behaviors while on 

campus, they will imprint that ethical and legal perspective on perhaps 20,000 children annually. 

To assist institutions like Illinois State University in their efforts, the Committee includes language to provide grants to offer 

alternatives to illegal downloading and for those that want to explore innovative ways of stopping illegal downloading. Additionally, 

the Committee includes language that requires colleges and universities to: inform their students about the law and about campus 

policies on copyright infringement and illegal downloading; report 

their campus policies and their procedures for addressing violations; and to the extent practicable, develop a plan to deter illegal 

downloading and offer alternatives to it. 

The Committee notes that a number of misperceptions are being 

discussed in public forums regarding these provisions. Of significant importance to note is that no financial aid shall be taken away 

from colleges and students who engage in illegal file sharing. Additionally, the Committee wishes to clarify that the bill does not 

mandate the use of any particular alternative plan by colleges. Colleges and universities are simply required to report their campus 

policies on intellectual property theft, including their penalties, and 

to develop plans for addressing illegal file-sharing. Additionally, 

the Committee does not intend that such plans be submitted to the 

Secretary but does expect institutions to develop such plans, which 

may include plans already in existence or adopted by institutions. 

Further, the Committee expects the Secretary to closely monitor 

the implementation of this requirement. 

Part H—Program integrity 

Accreditation 

The new language requiring accrediting agencies or associations 

to apply and enforce their standards in a manner that respects the 

missions of institutions of higher education, including religious 

missions, reflects Congress’ belief that accredited institutions 

should be allowed to choose their own missions rather than having 

them imposed or regulated by accrediting bodies. In response to 

concerns raised by Representatives Robert C. Scott (D–VA) and 

Ruben Hinojosa (D–TX) about whether the amendment would 

harm the ability of accreditors to enforce nondiscrimination provisions, the author of the amendment, Representative Timothy 


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Walberg (R–MI), explained that the provision would not affect nondiscrimination provisions and instead would require accreditors to 

respect the missions of schools, including when the missions are religious. 

It is the intent of the Committee that this amendment does not 

change or alter current accreditation requirements, and the exemptions included in those requirements (such as those allowed by the 

American Bar Association and the American Psychological Association), for the enforcement of nondiscrimination provisions. The 

Committee also notes that this provision does not alter title VII of 

the Civil Rights Act of 1964, title IX of the Education Amendments 

of 1972 or other federal antidiscrimination statutes, which remain 

applicable to institutions of higher education to the same extent as 

before. The Department of Education shall not promulgate any regulations that provide any new exceptions to current nondiscrimination provisions. 

It is also the intent of the Committee that this amendment does 

not change or alter current accreditation requirements, and the exemptions included in those requirements, for training professionals 

in the practice of medicine and other health care professions. 

Additionally, the Committee accepted an amendment by Representative Robert Andrews (D–NJ) to strike language in the base 

bill and return to current law with respect to student learning outcomes, rather than allowing institutions of higher education to set 

the standards for student learning outcomes, as well as allowing 

institutions to measure themselves on the progress they have made 

in meeting those standards. The Committee intends to review this 

issue, taking into consideration the base bill, current law and other 

proposals for floor consideration of H.R. 4137. 

Auction Evaluation 

The College Cost Reduction and Access Act (PL 110–84) included 

a new loan auction pilot program for Parent PLUS loans. The Committee is interested in closely monitoring the loan auction program 

to ensure that it is effectively serving families and students in their 

pursuit of financing their higher education. To that end, the Committee includes language to require the Secretary of Education and 

the Secretary of the Treasury to jointly evaluate the loan auction 

program in consultation with the Office of Management and Budget, the Congressional Budget Office, and the Comptroller General. 

Of significant interest to the Committee is the extent of the savings generated through the pilot program compared to the cost the 

federal government would have incurred in operating the parent 

loan program under section 428B of the Higher Education Act of 

1965 in the absence of the pilot program; the number of lenders 

that participate in the pilot program over time, and the extent to 

which the pilot program generates competition among lenders; the 

number and volume of loans made under the pilot in each state; 

the effect of the transition to and operation of the pilot program on 

the ability of lenders participating in the pilot program to originate 

loans efficiently; the ability of institutions of higher education participating in the pilot program to disburse loans efficiently through 

the program; the ability of parents to obtain loans made through 

the pilot program in a timely and efficient manner; the differential 

impact, if any, of the auction among the states, including between 


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rural and non-rural states; the feasibility of using the mechanism 

piloted to operate the other programs under Part B of title IV of 

the Higher Education Act; and the feasibility of using other market 

mechanisms to operate the loan programs under part B of title IV 

of the Higher Education Act, including the sale of securities backed 

by federally-owned student loan assets originated by banks acting 

as agents of the federal government. 

In the interest of ensuring the program is operating to the benefit of students and families, the Committee requires the Secretary 

of Education and the Secretary of the Treasury to submit to the 

Committee a preliminary report by September 1, 2010, an interim 

report by September 1, 2012, and a final report by September 1, 

2013. It is the Committee’s intent to closely monitor the auction 

and use opportunities in the future to hold oversight hearings, if 

necessary, to ensure proper implementation and availability of options to the consumer. 

TITLE V—DEVELOPING INSTITUTIONS

Hispanic-Serving Institutions (HSIs) play an important role in 

American higher education, particularly in their capacity to provide 

college access to underrepresented populations, and populations of 

students with limited financial means. The National Center for 

Education Statistics recently reported that despite representing 

only 9 percent of all institutions of higher education, HispanicServing Institutions enrolled over 50 percent of all Hispanic students in postsecondary education and 27 percent of all minority 

students enrolled in postsecondary education. HSIs receive federal 

funding under title V of the Higher Education Act to offer and increase the number of educational opportunities available to Hispanic and low-income students. 

The Committee believes that increasing the number of Hispanic 

students in graduate education is imperative to business, industry, 

medicine and education. During the May 2, 2005 field hearing held 

by the Subcommittee on 21st Century Competitiveness entitled, 

‘‘Expanding Opportunities for Graduate Study at Hispanic Serving 

Institutions,’’ Dr. Blandina Cardenas, President of the University 

of Texas—Pan American argued that: 

The students with master’s degrees will be required to 

lead a diverse workforce and create new products and 

product delivery systems for a diverse national market and 

for competitiveness in the global market. Hispanics with 

doctoral degrees must be available in sufficient numbers to 

serve the teaching and research needs of our colleges and 

universities and research organizations in the private and 

public sector. I believe that Hispanics with post-baccalaureate preparation will bring significant added value to 

the creative and problem-solving enterprise—not in spite 

of the less privileged backgrounds, but because of it. 

Hispanics still lag well behind other groups in college-going 

rates, retention and graduation rates and participation in graduate 

education. In 2003, data from the Department of Education show 

that 34 percent of non-Hispanic, white students over the age of 25 

had completed four or more years of college, compared with 17.3 


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percent for non-Hispanic, African American students and 11.4 percent for Hispanic students. 

In 2005, Hispanic students received 5 percent of all masters degrees awarded in the U.S., compared to 66 percent for white students and 9 percent for African American students. In 2004, the 

percentage of Hispanic students receiving doctoral degrees was 

three percent, compared to 58 percent for white students and 6 percent for African American students. The Committee believes these 

data illustrate the necessity of expanding graduate opportunities 

for Hispanic students and providing resources to the institutions 

that serve the majority of Hispanic students desiring a graduate 

degree. 

TITLE VI—INTERNATIONAL EDUCATION

In order to continue the nation’s established leadership role in 

international affairs and the global economy, the need for students 

to become knowledgeable about international issues, other cultures, 

and foreign languages has become increasingly important. International education programs at the postsecondary level play a critical role in building and maintaining the nation’s ability to supply 

expertise in foreign language, area and other international studies, 

including international business. America’s interests and national 

security are inextricably tied to our knowledge and understanding 

of the rest of the world. 

Programs authorized under title VI of the Higher Education Act 

reflect the priority placed by the federal government on diplomacy, 

national security, and trade competitiveness by allowing for the 

study of international issues and cultures, as well as foreign languages at the postsecondary education level. Title VI builds an infrastructure to improve and maintain the nation’s education capabilities in this regard, from outreach to K–12 through education at 

all postsecondary levels and advanced research, with emphasis on 

the less commonly-taught languages and areas of the world. Centers, programs and fellowships authorized under title VI serve the 

nation’s national security interests in at least three ways: they 

produce new cadres of experts trained in foreign languages; they 

educate citizens about other cultures, international issues and foreign languages; and they provide a cumulative body of knowledge 

and research about such areas of study that provide expertise for 

government agencies, as well as for education, business and the 

non-profit sectors. 

Programs under title VI were established over forty years ago to 

address these objectives and have been reformed and reauthorized 

to better reflect the current international climate. The bill updates 

the findings and purposes of the programs under title VI to reflect 

the updated needs of our country, including increased Department 

of Education coordination with other federal agencies. 

Coordination with elementary and secondary schools 

The knowledge of our nation’s K–12 students about geography 

and international affairs has been documented to be below par 

compared to students in other industrialized countries. The Committee believes it is in the best interest of our nation to use the 

early years of a student’s education as an opportunity to instill an 

interest in foreign languages and world affairs. 


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Understanding the critical role of teacher preparation programs 

in this regard, H.R. 4137 includes language to ensure that colleges 

of education and teacher professional development programs can be 

included as partners in outreach grants and summer institute programs under title VI. By authorizing the Secretary to make grants 

to outreach and summer institute programs that involve partnerships with local educational agencies and public and private elementary and secondary schools, the Committee intends to enhance 

student academic achievement in foreign languages and knowledge 

of world regions. 

Additionally, by authorizing title VI centers and programs to 

widely disseminate materials for courses and materials for elementary and secondary schools, the Committee intends to promote and 

enhance international knowledge at all stages and levels of education. 

Foreign language studies 

According to the National Research Council, a pervasive lack of 

knowledge by individuals in this country about foreign cultures and 

languages threatens the security of the United States, as well as 

its ability to compete in the global marketplace and produce an informed citizenry. The latest title VI-funded Modern Language Association survey of postsecondary foreign language enrollments indicates that although foreign language enrollments have increased 

significantly this decade, particularly in the less commonly taught 

languages, overall relative student enrollment is still below the 

1965 level. At the K–12 level, data from the Department of Education indicate that only 44 percent of American high school students are enrolled in foreign language classes, and only 31 percent 

of American elementary schools even offer foreign languages. The 

National Research Council concluded that early language learning 

in elementary and secondary school is key to establishing a pipeline of students who can eventually reach a sufficient level of proficiency in foreign language and culture to meet national needs. 

H.R. 4137 therefore reinstates the eligibility of Foreign Language 

and Area Studies fellowships for undergraduates to encourage a 

concentration on foreign language and area studies earlier in students’ postsecondary experiences. In addition, the title VI undergraduate international and foreign language studies program is 

amended to allow up to 10 percent of a grant to be used for undergraduate study abroad to promote foreign language fluency and 

knowledge of world regions. The Committee urges the Secretary to 

encourage the development of programs that stress the teaching of 

foreign languages for practical and professional use, including programs that promote foreign language education across the undergraduate curriculum. Further, the Committee includes language to 

require the Secretary to develop a marketing campaign aimed at 

encouraging the study of foreign languages. 

Additionally, the Committee recognizes that students, who study 

abroad for the enhancement of foreign language knowledge and 

proficiency, as well as the study of world regions, may travel to 

areas or regions in conflict or unrest. The Committee encourages 

institutions of higher education to take into consideration safety 

policies and procedures for students participating in any study 

abroad program funded under title VI. 


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International business education 

The Committee believes that international business education 

programs reauthorized by H.R. 4137 under title VI of the Higher 

Education Act play a unique and important role in our overall 

international education efforts. These programs have proven to be 

an integral part of many postsecondary institutions’ efforts to develop international education initiatives. There are currently 31 

Centers for International Business Education & Research 

(CIBERs), authorized under title VI that aim to expand the sphere 

of teaching, research, and outreach undertaken on their campuses 

and in their communities in the area of international business development. Each of the CIBER centers has at its core the goal of 

increasing international competitiveness, business language acumen, global trade expertise, and area studies competency. Programs are intended for undergraduate, graduate and Ph.D. students within colleges of business as well as elsewhere on campus; 

to faculty from throughout the university and to other institutions 

of higher education; and to executives and professionals within 

business communities. The Committee additionally includes language to encourage cooperation in the areas of software development with Asian countries, including Taiwan. 

Science and technology advanced foreign language education grant 

program 

One of the serious challenges facing our nation today is the absence of individuals who are fluent in a foreign language and have 

a background in science and technology. There are few Americans 

who can understand technical documents—including research studies or scientific papers—that are written in foreign languages. The 

Committee believes that, if our country is to stay competitive with 

the emerging economies in Asia, Central and South America, and 

Africa, this must change. To meet this goal, the Committee includes language to support programs with curricula that combine 

studying science and technology in a foreign language. This language specifically provides for grants to institutions to create immersion programs where students take science or technology-related course work taught completely in foreign languages. 

The Committee believes that in order to stay current with innovations in science, mathematics, and technology, more professionals 

in these fields will also have to be proficient in a foreign language. 

It is only with the knowledge of technical terms in foreign language 

classes—words and phrases not taught in the average high school 

or college language class—that America can stay technologically 

and economically competitive. 

Reporting requirements of Title VI grantees 

The Committee includes language in the bill to require institutions of higher education that are title VI recipients to report gifts 

received by the institution that are intended for use directly or indirectly by a title VI center or program. Institutions of higher education with title VI grants also receive donations from the private 

sector, both of which contribute to the programs’ ability to function. 

Publicly-reported data on sources of private contributions that are 

combined with public dollars will create a more open process and 


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enable taxpayers to better monitor government spending without 

creating any new bureaucracy. 

TITLE VII—TITLE VII AMENDMENTS

It is becoming more critical to obtain an advanced education in 

order to remain a technologically advanced economy and retain our 

international competitiveness in critical fields, including science, 

technology, engineering, and mathematics. Furthermore, our nation 

is facing shortages in key areas, including nursing. 

Graduate Assistance in Areas of National Need (GAANN) 

Graduate programs, while important for their role in higher education, also play an essential, yet often overlooked role in K–12 

education. For example, graduate programs provide the education 

and training necessary for individuals to become faculty at institutions of higher education who, in turn, train the elementary and 

secondary teachers of tomorrow. In order to ensure the nation’s 

children receive the best education possible, the Committee includes language to ensure that the faculties in our teacher colleges 

are prepared to meet this challenge. 

To achieve improved training of teachers, H.R. 4137 requires 

that the Secretary establish a competitive priority for grants under 

the GAANN program in order to prepare individuals for the professoriate who are committed to training highly qualified elementary and secondary school teachers of mathematics and science. 

The Committee encourages the Secretary to provide priority to departments that engage in such activities, and encourages the Secretary to include departments of mathematics and sciences, as well 

as departments of engineering, as departments that may provide 

such activities. 

Further, H.R. 4137 requires the Secretary to establish a competitive priority for grants under the GAANN program in order to prepare individuals for the professoriate who are committed to training highly-qualified elementary and secondary school teachers who 

can effectively teach students with disabilities or students with 

limited English proficiency. The critical shortage of special education faculty in higher education is a major factor in the shortage 

of K–12 special education teachers. In the last two decades the 

number of special education doctorates has decreased by 30 percent. In 2006, only 205 people received doctorates in special education. Every year, 30 percent of faculty vacancies go unfilled. The 

special education faculty shortage also curtails the capacity of higher education to prepare general education teachers who are skilled 

in working with special education students. This priority will help 

to increase the capacity of higher education to prepare highly-qualified general and special education teachers, as well as teachers prepared to teach students with limited English proficiency. 

Language included in the bill offers GAANN awards to students 

who are studying in areas that have current and future professional workforce needs. The Committee expects that nursing and 

nurse faculty will be included in this category. Results from the 

most recent National Sample Survey of Registered Nurses conducted by the Health Resources and Services Administration show 

that only 13 percent of RNs hold a master’s or doctoral degree. According to American Association of Colleges of Nursing, graduation 


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rates from research-focused doctoral nursing programs increased by 

only 1.4 percent, or six graduates, between the 2005–2006 and 

2006–2007 academic years. 

Patsy T. Mink Fellowship Program 

Patsy T. Mink Fellowships will help address the shortage of minority and women collegiate faculty. Currently, minorities make up 

less than 20 percent of all collegiate faculty. Further, although 

women make up 39 percent of full-time collegiate faculty, they tend 

to be concentrated in less-senior instructional positions and at twoyear institutions, as opposed to research universities. This program 

will authorize fellowships for doctoral and terminal master’s degree 

study for students interested in obtaining a doctorate, or other terminal degree, with a specified service requirement to teach at degree-granting institutions of higher education after graduation. Appropriately named in honor of former Congresswoman Patsy Mink 

(D-HI), a primary force behind the passage of title IX, the fellowships would be targeted at minorities and women to help diversify 

the higher education professoriate. 

Fund for the Improvement of Postsecondary Education (FIPSE) 

Recognizing the growing needs of postsecondary education, H.R. 

4137 makes a number of changes to the Fund for the Improvement 

of Postsecondary Education (FIPSE). It is the intention of the Committee that the projects and programs funded under this section 

not only aid the funded institution of higher education, but that 

these programs will serve as models and best practices in order to 

improve the access and affordability for students at all institutions 

of higher education. 

The Committee recognizes the great service of our nation’s veterans and their families. For that reason, in H.R. 4137, new authority is provided to help provide a scholarship program for veteran students and their families. The Committee particularly recognizes the work of Thanks USA, a non-profit organization already 

providing this service. 

In response to the numerous institutions of higher education that 

are establishing programs to collaborate with private and civic organizations to resolve pressing and severe community problems, 

FIPSE includes a new ‘‘national need’’ designation that permits 

grantees to use funds to support the development of coordinated 

curriculum and internship opportunities for students in disadvantaged communities. The Committee understands that some universities, such as the Shepherd Program at Washington and Lee University, are working to coordinate and expand programs to study 

poverty and its impact on communities. The Committee encourages 

the Department to identify other such programs for the purposes 

of awarding funds in order to assist disadvantaged communities in 

meeting this important national need. 

In 2000, Congress unanimously passed a concurrent resolution 

(S. Con. Res. 129) stating, in part, that ‘‘the historical illiteracy of 

America’s college and university graduates is a serious problem— 

reflecting a failure to impart to students a basic understanding of 

the history, ideals, documents and institutions that have formed 

the nation.’’ In response to this concern, H.R. 4137 includes an important amendment to the FIPSE program. Specifically, language 


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was added identifying the expansion of academic programs focused 

on traditional American history as an area of ‘‘national need.’’ It is 

the intent of the Committee that this authority be used for reinvigorating majors and graduate programs in these fields, thus creating a new pipeline for producing the scholars and teachers needed to staff these fields at the graduate and undergraduate levels 

and in teacher training programs. 

During this reauthorization, the Committee feels strongly that 

the importance of graduate education overall should not be overlooked. Dr. Earl Lewis, Dean of the Rackham Graduate School, 

Vice Provost for Academic Affairs for Graduate Studies, and Professor of History at the University of Michigan expressed his support for graduate education programs before the Subcommittee on 

Select Education in 2003: 

Graduate education prepares the scientists and engineers needed by industry, government, and universities to 

conduct the nation’s research and development. Graduate 

programs also educate the scholars in the humanities, social sciences, and the arts who preserve and enlarge our 

understanding of the history and scope of human thought 

and the human condition, and transmit that knowledge to 

succeeding generations. Moreover, graduate programs at 

our nation’s universities generate new knowledge and act 

as incubators of innovative ideas that drive new technologies and create new ways to address societal, health, 

security, and economic needs and challenges. 

As Congress continues its work on the reauthorization of the 

Higher Education Act, it must continue to build on the demonstrated success of these valuable graduate programs. These programs, and the amendments made within H.R. 4137, will prepare 

the next generation of scientists, scholars and teachers and ensure 

the support and effectiveness of these programs. 

Urban-serving research institutions 

Our nation’s cities play an important role in America’s national 

prosperity, driving innovation and economic growth by employing 

many highly-skilled workers and containing clusters of related 

firms and industries. However, urban areas face many challenges 

unique to cities. Urban secondary schools experience a higher dropout rate than the national average and urban elementary and secondary students typically score below state and national averages 

on academic performance exams. Urban schools often encounter 

teacher shortages in high need subject areas such as mathematics 

and science. Particular neighborhoods are stricken with poverty 

and struggle to attract businesses and services. A greater percentage of their citizens are uninsured or underinsured. 

As anchors for our nation’s cities, urban research universities are 

uniquely positioned with a broad range of skills and resources—intellectual, human, technological, and social to engage in these 

urban challenges. Serving as an essential part of the education 

pipeline by enrolling large numbers of students from local school 

districts and specifically training them to be educators in urban 

areas, urban research universities are economic drivers, as they 

serve as prominent employers, real estate developers, and business 


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innovators in their cities. The community engagement by urban research universities not only provides a valuable service to the cities, but also enables these institutions to improve their own core 

knowledge and expertise that leads to further theories, discoveries, 

and advances for our nation. 

H.R. 4137 updates the Urban Community Service program to authorize competitive grants for urban research universities to expand their capacity to develop initiatives geared toward improving 

the communities in which they are located. This updated program 

will help to address the unique challenges of our nation’s urban 

communities by: enhancing teacher quality and college and workforce readiness (especially in the fields of science, technology, engineering, and mathematics); revitalizing the economies of local 

neighborhoods; and reducing the incidences of urban chronic diseases and health disparities. The Committee believes that supporting urban institutions of higher education in research and programmatic initiatives will help to address these challenges, bolster 

our nation’s economic competitiveness, and make our cities better 

places to live. 

Expanding access for students with disabilities 

The Committee believes that it is important to examine postsecondary educational opportunities for students with disabilities and 

encourage improved enrollment, retention and completion rates for 

these students. Data reveal that there are low numbers of students 

with disabilities succeeding in college; only 12 percent of individuals with disabilities have graduated from college (as compared to 

27 percent of non-disabled individuals). The number of individuals 

with disabilities in the workforce is also of great concern to the 

Committee; according to the 2005 Annual Disability Status Report, 

the employment rate of working-age people with disabilities was 

37.9 percent compared to 77.6 percent for working-age people without disabilities. To address the need for improved education and 

employment outcomes for individuals with disabilities, the bill establishes a National Center for Information and Technological Support for postsecondary students with disabilities. The Center will 

support the dissemination of best practices, provide information to 

students and families on higher education opportunities for students with disabilities, and review and report on the current condition of postsecondary success for these students. 

Additionally, the Committee also provides for a study by the 

GAO on barriers and opportunities in higher education for students 

with disabilities to inform future efforts to address the unique challenges students with disabilities in higher education face. 

The Committee also expands the allowable activities of the 

Projects to Ensure Students with Disabilities Receive a Quality 

Higher Education, including development and dissemination of 

strategies for successful transition to the post-secondary education 

environment from high school; development of accessible distance 

learning efforts; and improvements in curriculum development including an emphasis on universal design for learning, and accessible instructional materials. H.R. 4137 requires the Secretary of 

Education to review and disseminate a report of the program activities funded under this section to provide guidance and recVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00282 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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ommendations to all institutions of higher education on how successful programs can be replicated. 

Students with intellectual disabilities 

The Committee recognizes that students with intellectual disabilities often face tremendous barriers to participation in higher education, including difficulties in enrolling in postsecondary programs 

prepared to meet their unique support needs. Despite these challenges, the number of students with intellectual disabilities who 

are seeking to enroll in postsecondary programs is increasing, and 

there is a need to expand the number of college- and universitybased programs prepared to teach and support this population of 

students. Currently, only about 100 programs are available for students with significant cognitive disabilities across the country. A 

number of institutions have expressed an interest in developing 

such initiatives, but require appropriate financial and technical 

support to do so. 

Accordingly, the Committee has authorized the Secretary to 

award grants to institutions of higher education to create and expand high-quality, comprehensive transition and postsecondary 

programs for students with intellectual disabilities. It is the intent 

of the Committee that such programs provide individual supports 

and services for the academic and social inclusion of students in all 

aspects of campus life, and focus on academic enrichment, socialization, independent living skills, and integrated work experiences 

and career skills that lead to gainful employment. The Committee 

also authorizes the establishment of a coordinating center that will 

help institutions of higher education improve existing programs for 

students with intellectual disabilities, facilitate the development of 

new programs, and ensure that all such programs are high-quality. 

The Committee believes these measures will result in increasing 

numbers of students with intellectual disabilities succeeding in 

higher education, as well as an increase in the number of students 

with intellectual disabilities participating in the workforce. 

Accessibility of instructional materials 

The Committee recognizes that a key component of equal access 

to higher education for students with disabilities is timely access 

to instructional materials in accessible formats. The Committee 

also acknowledges that within the higher education system, the 

needs of students, institutions, publishers, and providers of materials in specialized formats are different than those in the elementary and secondary education system. In order to improve the delivery and the quality of postsecondary materials to students, the 

Committee directs the Secretary of Education to establish an advisory commission to study the barriers, systemic issues and technical solutions available to improve the efficiency, delivery, and 

quality of such materials. The Advisory Commission on Accessible 

Instructional Materials in Postsecondary Education for Students 

with Disabilities will consist of a broad cross-section of stakeholders, including strong consumer representation, will review existing systems as well as emerging technologies, and will report 

their findings and recommendations to the Secretary and Congress 

not later than twenty-four months after their first meeting. 


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The Committee acknowledges that in the absence of a coordinated national system to facilitate the provision of accessible instructional materials to postsecondary students with disabilities, 

some institutions of higher education and consortia of institutions 

have considered or implemented local, state and regional approaches. To encourage the further development of such systems, 

the Committee authorizes grants for model demonstration programs to be awarded to partnerships that include colleges and/or 

universities and entities with demonstrated experience in the creation of accessible instructional materials, which may include publishers. These programs will support the development and implementation of activities throughout the process, including the identification of students in need of specialized materials, systems for requesting materials, acquiring materials in a timely manner, procedures to protect against copyright infringement, and outreach and 

training for students, faculty and staff. Should the model programs 

prove effective in improving such systems, the Committee authorizes the Secretary to expand the model program. 

It is the Committee’s hope that the advisory commission and the 

model demonstration projects will lead to comprehensive improvements in the timely delivery of quality accessible instructional materials for students with disabilities. 

Nursing education 

The Committee recognizes that our nation continues to face a 

nursing shortage unprecedented in its depth and duration. Unfortunately, this crisis is expected to worsen in the coming years, as 

the Health Resources and Services Administration (HRSA) projects 

that the nation’s nursing shortage will grow to more than one million nurses by the year 2020. 

Constraints in our nation’s nursing education system are inhibiting the ability to increase the number of practicing nurses to the 

levels needed to end the shortage. According to the American Association of Colleges of Nursing’s 2006–2007 annual survey, schools 

of nursing turned away 42,866 qualified applications to baccalaureate and graduate programs due to an insufficient number of 

faculty, admission seats, clinical sites, classroom space, clinical preceptors, and budget constraints. 

The Committee believes that the nursing program included in 

the bill will dramatically help our nursing education system prepare the next generation of nurses by supporting the faculty who 

prepare and teach them. 

As a companion to this program, the Committee also includes 

capitation grants which have historical legislative roots in Congress. From 1971 to 1978, Congress provided Capitation Grants to 

schools of nursing in support of nursing education. The March 2002 

HRSA Tenth Report to Congress on Health Personnel in the United 

States recommended Capitation Grants funding as a strategy to expand the nursing workforce pipeline. The Committee believes that 

Capitation Grants are a feasible solution based on historical success to help address the national nursing and nurse faculty shortage. 

The Committee also includes language for demonstration grants 

to develop partnerships between health care institutions and accredited schools of nursing, allowing them to retain their cadre of 


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qualified nurses while providing a mechanism for these individuals 

to become faculty through graduate nursing programs. Without additional nurse faculty to teach new nurses, the nursing shortage 

will continue and further jeopardize the safety and quality of 

health care provided to our nation. 

The provisions in title VII are supported by other titles, including language in title IV, providing loan forgiveness for nurses that 

agree to work full-time in a clinical setting or as a faculty member 

of an accredited nursing school. Budget constraints, an aging faculty, and increasing job competition have contributed to a significant shortage of nursing faculty. Loan forgiveness will provide 

needed relief and an additional incentive to enter into and remain 

in the profession. 

TITLE VIII—ADDITIONAL PROGRAMS

Incentives and rewards for low tuition 

Obtaining a college degree is the cornerstone of the American 

dream. However, the unfortunate reality is that paying for a college education has been and continues to be an exceedingly difficult 

proposition in this country. In the past year alone, tuition has increased an average of 6.6 percent at four-year public institutions, 

6.3 percent at four-year private institutions, and 4.2 percent at 

two-year public institutions. These increases have a real impact 

and result in lost opportunities for students all over this country. 

Every year, according to the Advisory Committee on Student Financial Assistance, some 200,000 students do not go to college in 

America solely because they are unable to pay for it. Meanwhile, 

nearly two-thirds of students who enroll in four-year colleges borrow to pay for it. The typical student now graduates with $17,500 

in total federal student loan debt—a figure amounting to nearly 45 

percent more debt than just eleven years ago. 

This debt appears to be having a profound effect on the lives and 

choices of borrowers. For instance, one report by U.S. PIRG noted 

that student loan debt caused 14 percent of young graduates to 

delay marriage; 30 percent to hold off on buying a car; 21 percent 

to postpone having children; and 38 percent to delay buying a 

home. High debt payments may also force graduates to change professions or only seek jobs in a certain salary range. 

The Committee believes that the funds authorized in this part 

will encourage institutions of higher education to contain growing 

costs by rewarding low tuitions, encouraging the use of innovative 

cost strategies, and rewarding institutions where it matters most, 

by providing increased need-based aid to students. 

Cooperative education 

The purpose of cooperative education is to give college students 

work experience related to their academic objectives while helping 

them earn money to pay for college. Until 1995, cooperative education served as title VIII of the Higher Education Act. During this 

time, it provided $20 million dollars to over 1,000 schools to help 

establish cooperative education programs. These programs helped 

over 250,000 students gain both work experience and money for 

college. 


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12 Adelman, C. Principal Indicators of Student Academic Histories in Postsecondary Education, 1972–2000. U.S. Department of Education, Institute of Education Sciences. 2004. 13 U.S. Department of Education. ‘‘The Condition of Education, 2004.’’ Indicator 18. http:// 

nces.ed.gov/programs/coe/2004/section3/indicator18.asp 

With the typical student borrower now graduating with $17,500 

in debt and many more working long hours in order to pay for college, the Committee believes that cooperative education provides 

an alternative for students who want to earn extra money and parlay their education into successful employment. 

Student Success Grants 

Student Success Grants will address the investment in college 

access to success by providing students with resources to adjust to 

college, develop plans for success, and graduate on time. Grants 

will go to colleges and universities where 50 percent or more of the 

student population tests into remedial education. Eligible institutions will receive a $1,500 grant for every Pell recipient to establish 

a network of intensive support services that will ensure students 

stay in school and complete coursework. Activities may include intensive counseling by Student Success Coordinators, college and career success courses, blended or accelerated remediation classes, 

work-study jobs with private employers, instructional support, or 

learning communities that cluster students for the first two courses 

of college. The Committee intends Student Success Grants to empower institutions of higher education to identify the most effective 

policies and practices for helping at-risk students earn postsecondary degrees. Further, the Committee intends for the grants 

awarded to focus on the students who need assistance the most and 

will provide policymakers with research to strike an effective balance between access and success. 

Jobs to careers 

In order to increase the number of individuals completing occupational credentials individuals who will help ensure our workforce 

remains competitive and be able to earn family-supporting wages— 

our colleges must increase the number of students who transition 

successfully from developmental to for-credit occupational courses. 

According to the National Center for Educational Statistics, about 

28 percent of all undergraduates, and 42 percent of those at twoyear public colleges, participate in remedial coursework to improve 

their reading, writing, and math skills. As high as these numbers 

are, they are just ‘‘snapshots’’ of developmental education enrollments at a single point in time. Longitudinal research reveals that 

they underestimate the true extent of remediation needs. Research 

that tracked a cohort of first-time community college students 

through their twenties found that ultimately over 61 percent enrolled in at least one remedial course.12 Lengthy participation in 

remediation poses a number of problems. Just 30 percent of firsttime undergraduates enrolling in remedial reading courses completed a certificate or degree within eight years of leaving high 

school, compared with 69 percent of those not needing any remediation.13 For working adults who need to complete coursework 

quickly because of competing family and work demands, developmental education can take too long and seem disconnected from 

their career goals. 


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The Committee intends these grants to help students persist and 

earn credentials. Specifically, H.R. 4137 provides authorization for 

grants to institutions serving especially high numbers of students 

needing developmental education for purposes of creating bridge 

programs that customize developmental education curricula, including English language instruction where applicable, to the content of the certificate or degree programs or clusters of programs 

in which developmental education students seek to enroll. In addition, the grants will provide funding to colleges interested in implementing best practice innovations in developmental education, such 

as implementing cohorts and learning communities and developing 

accelerated developmental coursework. 

Project GRAD 

The Committee recognizes the importance of programs like 

Project GRAD, a national nonprofit education reform model that 

currently serves 121,000 economically disadvantaged youth in 211 

schools across the nation. Project GRAD uses a feeder pattern, providing students a consistent set of academic programming from 

Pre-K through grade 12 so high schools are receiving well trained 

elementary and middle school students. H.R. 4137 authorizes the 

Secretary to award grants for such activities. 

Project GRAD has a proven track record nationwide in increasing 

high school graduation and college attendance rates for low-income 

students. Project GRAD schools outperform comparison schools on 

nationally-normed achievement tests, and Project GRAD students 

are significantly more college ready than their peers. In the longest-served group of schools, Project GRAD students are completing 

college at a rate 70 percent above the national average for students 

from similar low-income backgrounds. Project GRAD has made college scholarships available to over 6,000 students and has an additional 15,700 high school students in the scholarship pipeline, making it one of the country’s largest college access organizations for 

low-income students. 

Diploma mills 

Diploma mills have proliferated in recent decades due to inconsistent law enforcement and technological advances. Diploma mills 

take many different forms, but often share common characteristics, 

including the lack of accreditation or false claims of accreditation; 

no previous academic records required for admission; charging tuition based on the number of degrees purchased rather than the 

number of credit hours or courses taken; lack of a physical permanent address in the United States; and names that are very similar 

to legitimate accredited institutions of higher education. It is estimated that several hundred diploma mills are operating at any 

given time, with revenues estimated to total more than $500 million each year. 

In 2004, a GAO investigation revealed weaknesses in the Department of Education’s administration of the student loan programs 

for higher education, including the possibility that a diploma mill 

could participate in the Federal Family Education Loan Program 

(FFELP) under title IV of the Higher Education Act of 1965. 

In addition, the 2004 GAO investigation examined the credentials of a sampling of federal employees, and revealed that, of the 


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federal employees selected for the examination, 463 federal employees held degrees from diploma mills and other unaccredited universities, including twelve employees for the Department of Homeland 

Security, 13 for the Department of Justice, and twenty-nine for the 

United States Postal Service. The investigation also found that federal agencies have paid more than $150,000 in tuition payments to 

diploma mills and other unaccredited universities on behalf of federal employees. 

The Committee recognizes that the vast majority of regulation of 

education in the United States is, in general, a state responsibility, 

and the development and regulation of academic standards in higher education is the responsibility of institutions of higher education. Through H.R. 4137, the Committee recommends the adoption of uniform standards to determine, for federal purposes, the legitimacy of degrees, diplomas, certificates, and degree-granting institutions. 

Student safety and campus emergency management 

The Committee recognizes the need for parents and students to 

feel as safe as possible when attending institutions of higher education. Recent events such as the campus shootings at Virginia 

Tech and Hurricanes Katrina and Rita highlight the critical role 

colleges and universities have in protecting students from safety 

and security risks. The Committee believes the federal government 

has an interest in providing support and guidance to schools in efforts to keep students safe and prevent future tragedies. Time is 

of the essence during an emergency, as Virginia Tech tragically 

pointed out, and the bill improves current law by adding an emergency notification system for the college community with specific 

requirements. The Committee believes it is the federal government’s role, in partnership with states, local communities, and institutions of higher education, to support prevention of future tragedies. To that end, H.R. 4137 authorizes a new grant program for 

institutions of higher education to develop and improve their campus safety and emergency response systems. Grant funds may be 

used to develop and implement emergency communications systems, for security assessments, for training of security personnel, 

and to coordinate mental health crisis response and intervention 

services for students enrolled in the institution of higher education 

affected by a campus or community emergency. The bill also requires institutions of higher education annually to publish a fire 

safety report on on-campus student housing, and to submit such information to the Secretary on an annual basis. 

Education Disaster and Emergency Relief Loan Program 

In 2005, Hurricanes Katrina and Rita had a devastating effect on 

the universities and colleges located in the Gulf region, displacing 

83,821 students and causing, for the first time in history, the closure of the eleven colleges and universities in New Orleans for a 

full semester and ten more in other parts of Louisiana, Mississippi, 

Texas and Florida for an extended period of time. Damages and 

property losses to New Orleans area institutions alone exceeded $1 

billion and nearly $2 billion in total damages to colleges and universities across the Gulf Coast region. 


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Understanding their essential role in the sustainability of their 

surrounding communities, the affected schools in the Gulf Coast 

acted quickly to rebuild their campuses in order to maintain their 

educational purpose. Many schools found challenges in rebuilding 

due to insurance company policies that did not give schools upfront 

financial assistance for repairs. Some of the schools with few accessible funds were forced to make a few repairs, and then wait for 

reimbursement before additional repairs could be made. In addition 

to wasting significant time, these schools also suffered because they 

were unable to save money by contracting for the total renovations, 

and instead had to pay more for sequential smaller jobs. Other 

schools obtained loans from private lenders, with high interest 

rates, in order to make the repairs. 

It is the intent of the Committee that the loan program created 

under H.R. 4137 should provide low interest loans to schools that 

have suffered a loss as a result of a federally declared major disaster or emergency, so that they can pay for repairs efficiently. 

Further, the Secretary should make loans at the lowest interest 

rates possible, and funds from this program should also be used to 

assist institutions affected by the Gulf Coast hurricanes in 2005. 

The intent of this Education Disaster Loan program is not to replace FEMA assistance or insurance recovery efforts; rather it is to 

provide a bridge loan for institutions of higher education immediately following a disaster. This loan will assist greatly in economic recovery, faculty and staff assistance as well as construction 

recovery that is not duplicated by FEMA or insurance coverage. 

The Committee hopes that should institutions of higher education have to endure disaster recovery efforts, such as the Gulf 

Coast institutions, that this loan program will be in place and will 

shorten the recovery time not only for the higher education institution(s), but for that of the whole community. It is assumed that 

funds for such loans would best be appropriated from Emergency 

Supplemental funds following a federal disaster declaration. 

Rural development grants for rural colleges and universities 

Approximately half a million students graduate from high school 

in rural America each year and nearly 30 percent of all public fouryear colleges and universities are located in rural areas. However, 

college enrollment rates for both eighteen to twenty-four year olds 

and twenty-five to twenty-nine year olds were generally lower in 

rural areas than in all other locales in 2004. (NCES, 2007) It is the 

intent of the Committee that this program will help target rural 

secondary students and make them aware of their postsecondary 

options in both community colleges and four-year institutions. This 

is often a challenge due to the geographic isolation of rural high 

schools and their proximity to institutions of higher education. By 

encouraging rural students to attend postsecondary institutions 

and community college students to consider entering a four-year institution, these grants will promote economic growth and development in rural America. 

It is the further intention of the Committee that the grants 

awarded under this part encourage the development of training 

programs for professions in shortage in rural areas, and create employment pipelines to those occupations through partnerships with 

these same colleges. 


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Training for realtime writers 

The Realtime Writers Act establishes competitive grants for the 

recruitment and training of students to help deal with the shortage 

of providers for closed captioning access for the over 30 million deaf 

and hard-of-hearing Americans that rely on this technology to get 

their information. The inclusion of this provision in H.R. 4137 complements previous efforts undertaken by Congress in the Telecommunications Act of 1996 and the Americans with Disabilities 

Act of 1990, which mandated full captioning to provide access for 

the hearing impaired community. By 2006, all television programming was expected to be captioned; but that has not occurred. This 

program helps to build the workforce necessary to provide 

captioners for decades to come and helps Congress keep its promise 

to the deaf and hard-of-hearing community. 

Centers of Excellence for Veteran Student Success 

H.R. 4137 strengthens support for military veteran students by 

establishing Centers of Excellence for Veteran Student Success to 

establish model programs to support veteran students on campus 

by coordinating services to address the academic, financial, physical and social needs of veteran students so that they successfully 

enroll persist and complete postsecondary education programs. 

Modeling and Simulation Programs 

The Committee believes that the Modeling and Simulation Grant 

Program is critical to ensuring that the United States remains 

competitive in the rapidly expanding 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. For example, modeling and simulation technology can assess a city’s evacuation plan or traffic congestion 

through advanced computer models and simulations. Many government agencies use modeling and simulation technology, including 

the United States Department of Defense and the United States 

Department of Homeland Security, which uses the technology to 

train the military and emergency responders for operational scenarios. Currently, a limited number of institutions of higher education have modeling and simulation programs, including undergraduate and graduate degree programs. This competitive grant 

program will provide a critical source of funding for colleges and 

universities that want to expand and improve their Modeling and 

Simulation programs and provide seed money for colleges and universities that do not have an established program. 

Business workforce partnerships 

The Committee adopted an amendment offered by Representatives Jason Altmire (D–PA) and Lynn Woolsey (D–CA) to create 

Business and Workforce Partnerships. Earnings and employment 

are strongly linked to educational attainment. Between 2001 and 

2004, twenty-four of the thirty fastest-growing occupations were 

predicted to be filled by people with postsecondary education or 

training (either a vocational certificate or a degree). Yet 42 percent 


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14D.E. Hecker, ‘‘Occupational Employment Projections to 2014,’’ Monthly Labor Review, 128 

No. 11 (2005). 

of our current workforce—adults between the ages of twenty-five 

and forty-five—only have a high school diploma or GED.14

Employers in particular sectors and regions already face skill 

shortages, a fact that has profound implications for our country’s 

ability to increase economic productivity and for workers’ ability to 

earn enough to support their families. Colleges often lack the funds 

to start up new, credit-bearing programs that can respond to business workforce needs because state funding and federal financial 

aid typically only flow after students are enrolled in programs. College workforce offerings are often created instead on the noncredit 

training side of the college—but this limits access to these programs since they are not eligible for financial aid and limits the 

ability of workers to earn credits that ultimately will lead to a degree. In addition, the workforce, education, and social service systems that prepare individuals for the labor market are often disconnected from one another and from the labor market. Therefore, 

H.R. 4137 establishes a federal Business Workforce Partnerships 

initiative that funds partnerships of colleges and employers to link 

credit-bearing college programs to business workforce needs, adapt 

college offerings to workers’ schedules, map and develop career and 

educational pathways, expand worksite learning opportunities, and 

assist students with job placements. The goals of this initiative are 

to identify high-demand jobs in local labor markets, create pathways for advancement for non-traditional students to these occupations, and increase the supply of high-skilled workers in the targeted industries. 

It is the intent of the Committee that the Business Workforce 

Partnership Grants created in this bill can be used to serve unemployed, employed and incumbent workers. The Committee further 

intends that all partners involved in the partnership will remain 

full partners and remain involved throughout the grant period in 

the grant activities. 

GAO study on standardized tests and race, ethnicity and gender 

bias 

William Kidder of Testing for the Public and Jay Rosner, Executive Director of the Princeton Review Foundation, conducted a 

study in 2003 that used SAT item-level data to determine the existence of racial bias in the SAT. This study found that the test included a predictable racial bias; white students outperformed African American students on every test item included in the October 

1998 SAT. Furthermore, Kidder and Rosner identified that the 

testing service deemed pre-tested questions on which African 

American students outperformed their white peers as ‘‘psychometrically flawed,’’ and did not include them for future tests on 

that basis. The GAO study on standardized tests and race, ethnicity and gender bias should consider whether any standardized 

admission tests are inherently discriminatory by race and/or gender. 


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Study on endowments 

Endowments play a role in financing the operations of institutions of higher education. Annual investment income from endowments provides funds for student financial aid, professorships, research, and other academic activities. In order to better understand 

how endowments contribute to the operating budgets of institutions 

of higher education, the Committee directs the Secretary of Education to conduct a study describing the amounts, uses, and public 

purposes of college and university endowments. The study should 

include information on the average and range of the outstanding 

balance of such endowments; the growth of endowments over the 

last ten years after factoring inflation; and the percentage of endowment spending on an annual basis. The study, to the extent 

practicable, should describe the uses of endowments by institutions 

and the extent to which endowment funds are legally restricted in 

accordance with gift contributions imposed by charitable donors 

and the types of restrictions placed upon such funds. 

TITLE IX—AMENDMENTS TO OTHER LAWS

Education of the Deaf Act 

The Committee reauthorizes the programs of the Education for 

the Deaf Act with amendments. 

The Committee recognizes Rochester Institute of Technology 

(RIT) as the named entity, which continues the agreement with the 

Secretary for the establishment and operation of the National 

Technical Institute for the Deaf (NTID), acknowledging the longstanding relationship between RIT and NTID. The Committee permits the Secretary to enter into an agreement with another institution of higher education for the NTID if the Secretary or RIT terminates the agreement with just cause. However, it is not the intent 

of the Committee to prohibit the Secretary from considering the establishment of additional technical institutions of higher education 

for deaf and hard of hearing students in the future, provided that 

any such expansion would not reduce the resources available to 

RIT for NTID. Further, the Committee recognizes the need to explore the issue of geographical diversity in the consideration of future institutions that may potentially be added. 

The Committee believes children with disabilities should be held 

to the same high academic expectations as all other children, including the elementary and secondary deaf students attending the 

K–12 schools operated by Gallaudet University. As such, the Committee requires that the University’s K–12 programs adopt achievement standards and yearly progress measures consistent with the 

accountability requirements in the No Child Left Behind Act of 

2001 (P.L. 107–110). 

The Committee believes that modifying Gallaudet’s reporting requirements on the disposition of secondary school and university 

graduates from ‘‘upon graduation/completion’’ to ‘‘approximately 

one year after graduation’’ will provide a clearer picture of outcomes for students. Additionally, changing the timeline of the reporting requirements will make the reporting language for the 

audit the same for Gallaudet and NTID. 

The Committee acknowledges the unique opportunities for deaf 

and hard of hearing students provided by Gallaudet University and 


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NTID, and the importance of these institutions for such students 

from around the world. Currently, the 100 percent surcharge for 

international students is a barrier to attendance for many students. By adjusting the tuition surcharges for international students to allow for a reduction in costs and a sliding scale for students from developing countries and for individual students with 

demonstrated need, the Committee hopes to allow Gallaudet and 

NTID to utilize the available capacity to serve additional international deaf and hard of hearing students. 

Indian education 

Tribally Controlled Colleges and Universities Act 

In response to the concerns of many tribes, the Committee makes 

several changes to improve the consistency among different federal 

programs providing assistance to tribally controlled colleges and 

universities. The Committee recognizes the challenges of having 

different federal programs provide assistance, each with a slightly 

different set of definitions. The Committee expects these amendments to improve the coordination between federal programs and 

help tribally controlled institutions spend more time serving students, and less time navigating complex federal requirements. 

Dine ́ College 

The Committee recognizes the longstanding relationship between 

the federal Government and the Navajo Nation. Legislation enacted in 1971 established a dedicated discretionary grant stream 

for the Navajo Community College, which has been renamed Dine ́

College. In reauthorizing this program, the Committee finds that 

the Treaty of 1868 between the United States of America and the 

Navajo Tribe of Indians provides for the education of the citizens 

of the Navajo Nation. 

In 1968, the Navajo Nation created and chartered the Navajo 

Community College by Resolution CN–95–68 as a wholly owned 

educational entity of the Navajo Nation. In 1971, Congress enacted 

the Navajo Community College Act. In 1997, the Navajo Nation officially changed the name of the Navajo Community College to 

Dine ́ College by Resolution CAP–35–97. 

The purpose of Dine ́ College is to provide educational opportunities to the Navajo people and others in areas important to the economic and social development of the Navajo Nation. The mission 

of Dine ́ College is to apply the principles of Sa’ah Naagha ́ I Bik’eh 

Ho ́zho ́o ́n (Dine ́ Philosophy) to advance quality student learning 

through training of the mind and heart—(1) through Nitsa ́ha ́kees 

(Thinking), Nahata ́ (Planning), Iina ́ (Living), and Sihasin (Assurance); (2) in study of the Dine ́ language, history, philosophy, and 

culture; (3) in preparation for further studies and employment in 

a multicultural and technological world; and (4) in fostering social 

responsibility, community service, and scholarly research that contribute to the social, economic, and cultural well-being of the Navajo Nation. 

The United States has a trust and treaty responsibility to the 

Navajo Nation to provide for the educational opportunities for Navajo people. Significant portions of the College’s infrastructure are 


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15 Erisman, Wendy, Contardo, Jeanne Bayer (November 2005). Learning to Reduce Recidivism: A 50- state analysis of postsecondary correctional education policy. Washington, DC: The 

Institute for Higher Education Policy. 16The 15 states are: TX, NC, WA, IL, CA, CO, IN, OH, WI, AL, MN, LA, AZ, and NJ. 17 Ibid. 

dilapidated and pose a serious health and safety risk to students, 

employees and the public. 

For these reasons, the Committee amends the Navajo Community College Act, and renames it after the college, now known as 

Dine ́ College. The Committee also updates references to the Navajo 

Indian Tribe and instead replaces it with the appropriate term 

‘‘Navajo Nation.’’ The Committee also updates a study of the facilities needs of the college that was last commissioned in 1979, and 

authorizes a separate set of uses of funds related to the construction of buildings, water and sewer facilities, roads, information 

technology and telecommunications infrastructure, classrooms and 

external structures. 

The Committee also clarifies that funds made available through 

the Act may be used for improving and expanding the college, including by providing for the Navajo people and others in the community higher education programs; vocational and technical education; activities relating to the preservation and protection of the 

Navajo language, philosophy, and culture; employment and training opportunities; economic development and community outreach; 

and a safe learning, working, and living environment. 

Grants for training of incarcerated individuals 

The Committee adopted an amendment offered by Representatives Danny Davis (D–IL), Mark Souder (R–IN), Robert Scott (D– 

VA), Yvette Clake (D–NY), and Donald Payne (D–NJ) to amend the 

youth training grants included in current law and extend the program for incarcerated individuals of all ages. Although states provide remedial education to help prisoners acquire their high school 

diploma or GED, postsecondary correctional education is very limited. Research has identified lack of funding as a primary barrier 

to such programs.15

After Congress barred prisoners from receiving Pell grants in 

1994, provision of postsecondary correctional education dropped 

greatly. Currently, only approximately 5 percent of the total prison 

population is enrolled in postsecondary education. Although fortyfive of the fifty states offer some level of postsecondary correctional 

education, 15 states16 enroll 89 percent of all prisoners participating in such programs.17 Given that current federal postsecondary correctional grants target youth, there is a great need for 

such programs for adults. Creating higher education opportunities 

for older students would help prisoners who earn a GED while incarcerated, or who must take remedial college-prep courses to complete a postsecondary program. Further, because older prisoners 

tend to be more mature, focused, and intent on improving their situation after release, correctional education experts assert that they 

would benefit from such efforts. 

Multiple empirical studies demonstrate that postsecondary correctional education improves the atmosphere in prisons, increases 

successful reentry, increases employment after release, and decreases criminal behavior. For example, studies show that such 


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18Fine, Michelle, et al. 2001. Changing Minds: The Impact of College in a Maximum Security 

Prison. New York: The Graduate Center of the City University of New York and Bedford Hills 

Correctional Facility, Taylor, Jon M. 1992. Post-Secondary Correctional Education: An Evaluation of Effectiveness and Efficiency. Journal of Correctional Education, 43(3): 132–41, and Taylor, Jon M. (1994). Should Prisoners Have Access to Collegiate Education? A Policy Issue, Educational Policy, 8(3): 315–38. 19Steurer, Steven J., Smith, Linda, and Tracy, Alice. 2001. Education Reduces Crime: ThreeState Recidivism Study. Lanham, MD: Correctional Education Association. 20Fine, Michelle, et al. 2001. Changing Minds: The Impact of College in a Maximum Security 

Prison. New York: The Graduate Center of the City University of New York and Bedford Hills 

Correctional Facility. 

education helps improve communication among staff and inmates, 

develop positive peer role models, and reduce disciplinary infractions.18 Further, a recent three-state study of Maryland, Ohio and 

Minnesota found that former prisoners who had participated in college courses were 29 percent less likely to return to prison after 

three years.19 Moreover, research suggests that benefits extend to 

prisoners’ families, with children of women in a college program becoming more motivated to go to college.20

The Committee believes that expanding the program is a significant step toward increasing accessibility and providing more individuals with the tools necessary to obtain a postsecondary education. 

Establishment of Assistant Secretary and Office for International 

and Foreign Language Instruction 

The Committee adopted an amendment introduced by Representative Rush Holt (D–NJ) to establish an Assistant Secretary and Office for International and Foreign Language Instruction. The Committee endorses the recommendation of the National Academies of 

Sciences that the Department of Education should consolidate administration of its international education and foreign language 

programs under an executive-level person reporting to the Secretary who will provide more strategic direction and coordination 

with other federal agencies and the nation’s education community. 

The Committee specifically recommends amending the Department 

of Education Organization Act to create an Office of and Assistant 

Secretary for International and Foreign Language Education reporting directly to the Secretary who will be appointed by the 

President and approved by the Senate. The appointee should be an 

individual with extensive background and experience in international and foreign language education, and would have authority 

for the administration and coordination of all Department programs on international and foreign language education, interagency coordination on international and foreign language education, and Department of Education international affairs. 

Loan repayment for prosecutors and public defenders 

The Committee believes that this language would significantly 

benefit the criminal justice system by providing loan relief to prosecutors and public defenders. Both professions have recently suffered problems recruiting and retaining attorneys, in large part due 

to the high loan debt held by law school graduates. According to 

the American Bar Association, the average cumulative educational 

debt for law school graduates in the class of 2005 was $78,763 for 

those graduating from private law schools and $51,056 for those 

graduating from public law schools. Further, a 2002 survey by 


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Equal Justice Works showed that 66 percent of respondents stated 

that law school debt prevented them from even considering a public 

interest or government job. H.R. 4137 takes immediate action to alleviate that debt with the goal of recruiting and retaining more attorneys for these important professions. 

Stevenson-Wydler Technology Innovation Act of 1980 

Minority Serving Institutions (MSIs) play a unique role in the 

education of our diverse American workforce. Many of these institutions are located in poor, rural and isolated areas. MSIs have 

special expertise in serving their communities, which include large 

numbers of low-income or first-generation college students. Unlike 

other, larger institutions of higher education, however, MSIs typically have small or nonexistent endowments and few wealthy alumni. As a result, the ability to finance the acquisition and maintenance of the technology that will prepare these students for the 

workforce is especially challenging for many MSIs. 

To address the significant challenges faced by MSIs, the Committee includes language to amend the Stevenson-Wydler Technology Innovation Act of 1980 to authorize the use of funds to assist eligible institutions in acquiring, and augmenting their use of, 

digital and wireless networking technologies to improve the quality 

and delivery of educational services at eligible institutions. The 

Committee intends for this program to address the systemic challenges within minority communities by providing a means for partnership between MSIs and K–12 schools. Further, it is the intent 

of the Committee that the economic support and development provided by this legislation will help to recognize that MSIs are the 

ideal vehicle to address the disparities in access to quality higher 

education opportunities impacting minority students. The Committee believes that the program should intentionally be housed at 

the Department of Commerce to ensure that the appropriate technology standards and resources are used to assist these institutions 

in need. 

TITLE X—PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT

During the course of its oversight and investigations work with 

respect to federal student loans, the Committee began a preliminary examination of the private student loan market, which has experienced exponential growth over recent years in large part due 

to rapid increases in the costs of attending college that outpaced 

the federal investment in student financial assistance. Though private student loans may serve an important role in helping students 

and families finance the high costs of education, the Committee 

learned of troubling conflicts of interest and questionable practices 

similar to those found with federal student loans and other concerns distinct to private student loans. 

Compared to federal student loans, little information is available 

about the size of the private student loan market, characteristics 

of private loan borrowers, and the terms and conditions of loans 

that borrowers obtain. According to the College Board, however, 

student borrowing from private sources has skyrocketed and now 

equals an estimated 24 percent of total educational loan volume, 


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21The College Board, Trends in Student Aid, 070342219 (Washington, D.C.: 2007). 22 Institute for Higher Education Policy, The Future of Private Loans: Who is Borrowing, and 

Why?, (Washington, D.C.: December 2006). 

nearly $20 billion annually.21 According to the Institute of Higher 

Education Policy (IHEP), 83 percent of private loan borrowers are 

undergraduate students, 9 percent are graduate students, 7 percent are professional students, and 1 percent are post-baccalaureate students not in a degree program.22 Professional students 

tend to borrower more on average, nearly $11,000 a year, compared 

with undergraduates, who borrow about $6,000, and graduate students, who borrow more than $8,000, according to IHEP. However, 

both the number of borrowers and amounts borrowed are likely to 

increase as the private loan market expands and if college costs 

continue to climb unabated. 

Further, the Committee and the New York Attorney General 

found practices that raise concerns about conflicts of interest, including payment of travel and entertainment costs for school financial aid officers, schools and lenders entering into revenue or ‘‘profit-sharing’’ arrangements, and a failure by institutions to disclose 

the reasons why lenders were recommended by schools to their students. In addition, the New York Attorney General is investigating 

potentially troubling concerns about the criteria lenders are using 

in underwriting private student loans. 

The Committee has also identified concerns with deceptive marketing practices in the private student loan industry which are consistent with findings in IHEP’s December 2006 report. This report 

noted the rapid growth of private student loans which is coupled 

with concerns about the marketing of such loans to students who 

may not fully understand the consequences of using private loans 

to finance their college education. IHEP reported that a student advocacy group had filed a complaint with the Federal Trade Commission for promoting what it considered ‘‘false and deceptive 

claims,’’ and ‘‘discouraging families from applying for valuable financial aid options,’’ while ‘‘encouraging students and parents to 

take out high-interest private loans of up to $50,000 per year.’’ 

IHEP also reported on important differences between private and 

federal student loans, raising additional issues of concern to the 

Committee. For example, because private loans exist outside of the 

federal student loan system, mandates on federal student loans do 

not apply to private loans, including certain disclosure and borrower counseling requirements. Further, the process by which enrollment at an institution is verified varies significantly among private student loan lenders. While some lenders require school officials to certify borrowers’ enrollment and educational costs, other 

lenders do not. The Committee is concerned that some students are 

receiving offers for and obtaining private loans prior to completing 

the FAFSA or prior to receiving a financial aid package offer from 

the institutions they want to attend. 

Additionally, while some lenders market private student loans 

primarily through a school’s financial aid office, a growing number 

of lenders are offering direct-to-consumer private loans. While direct-to-consumer loans may provide consumers additional flexibility 

in selecting a lender and allow borrowers to avoid having to automatically rely on schools’ recommendations, IHEP noted that the 

lack of consistent and widespread information about private 


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23 Consumers Union, Helping Families Finance College: Improved Student Loan Disclosures 

and Counseling, (Yonkers, NY.: July 2007). 

loans—and unequal financial literacy among potential borrowers— 

is of serious concern. Students who borrow private loans directly 

from lenders without the help of a school official may not be aware 

of the differences between federal and private loans, or may not 

fully understand the protections and benefits provided with federal 

loans, including in-school interest subsidies, caps on interest rates, 

and opportunities for loan deferments, forbearance, and forgiveness. 

Further, Consumers Union released a report in July 2007 that 

determined, among other things, whether students and parents 

could identify the most affordable loan choices 93 and understand 

the resources necessary to repay them.23 Consumers Union conducted qualitative market research, using focus groups with over 

130 students and parents in five major metropolitan areas: Atlanta, Boston, Chicago, Los Angeles, and New York. Focus group 

participants included recent graduates, current undergraduates, 

and parents of undergraduates. 

Consumers Union reported a number of findings, including that 

nearly 50 percent of undergraduate private student loan borrowers 

fail to exhaust their low-cost federal student loan options. In addition, the research showed that current students and many parents: • did not understand the significant differences between 

federal and private student loans; • thought the interest rates charged for federal and private 

student loans were the same (a particularly troubling finding, 

given that the Committee in its own oversight work has identified some private loans with exceptionally high origination 

fees—10 percent—and interest rates—approaching 20 percent); • expressed confusion over the concept of interest capitalization; • believed that it was not worthwhile to complete the 

FAFSA to qualify for an unsubsidized federal Stafford loan 

(this was especially expressed by those who did not qualify for 

subsidized Stafford or Perkins loans); 

• expressed concern over whether they had obtained the 

best student loan deal and several current and former students 

indicated that they had borrowed too much because they did 

not understand the costs they would have to repay; 

• were bombarded (from junior year of high school through 

at least college graduation) with loan solicitations from private 

student loan lenders both in the mail and via email, some of 

which used various aggressive marketing ‘‘come-ons;’’ 

• overwhelmed by the ‘‘hunt’’ for information and money to 

pay for college. 

In light of the (1) exponential growth of the private student loan 

market, (2) questionable practices by some lenders and conflicts of 

interest identified by the Committee and others, (3) lack of transparency and substantive disclosures concerning the term and conditions of private loans, (4) challenges faced by students and families 

in identifying and determining optimal college financing strategies, 

and (5) consequences for students of incurring increasing and excessive debt burdens, the Committee believes Congress must act. 


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Working closely with the Committee on Financial Services, the 

Committee on Education and Labor includes several significant 

provisions in H.R. 4137 to address many of the concerns identified. 

Importantly, the provisions are intended to complement the consumer protection provisions included in titles I and IV of the bill 

addressing federal student loans. 

The Committee believes that students and families deserve full 

and fair information about all borrowing options when making important decisions about how to finance a college education. Title X 

of the College Opportunity and Affordability Act ensures that students are fully informed about the terms and conditions of private 

loans, and are better protected from dangerous levels of private 

student loan debt. Among the other things, the Act: • Requires lenders to make additional disclosures to borrowers at three stages of the loan application process: (1) with 

advertising or solicitation of loans, (2) with approval of loan applications, and (3) with consummation of loans, and requires 

written notification from borrowers that they have received 

these disclosures; • Prohibits any gifts or financial arrangements made between private lenders and schools in exchange for loan volume, 

and prohibits co-branding of loans; • Requires lenders offering private loans to first inform students of their federal student loan borrowing options; • Requires lenders to notify a borrower’s school of a pro- posed loan of $1,000 or more; • Provides loan applicants a 30–day loan acceptance period 

after a lender has approved the loan, and grants borrowers up 

to three days to change their minds after they accept the loan; • Bans fees and penalties for early prepayment of loans; • Promotes college student financial literacy by requiring 

the Department of the Treasury to help colleges implement effective financial literacy education programs; • Requires the GAO to further study private loans, and how 

private loan pricing, and default and graduation rates affect 

the availability of private loans to certain borrowers at certain 

schools; and, 

• Provides incentives under the Community Reinvestment 

Act requirements for lenders to provide low-cost private student loans to low-income borrowers. 

The Committee believes the initial steps provided for in the legislation will make important advances toward ensuring that students 

and families have enhanced information that will allow them to 

better understand the consequences of relying on private student 

loans in financing their education. Additionally, by ensuring the 

schools are made aware that students are considering taking out 

a private loan, professional student aid administrators will be afforded an opportunity to provide counseling to students and help 

ascertain whether students have exhausted their federal and other 

financial aid options before turning to private student loans. Moreover, given that under current law schools must take into consideration a borrower’s private student loans in packaging student financial assistance, the Committee believes that student aid administrators can help students avoid unintentionally jeopardizing the 

amount of federal aid for which students would otherwise qualify. 


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The Committee intends to continue its oversight and investigations of the private student loan market, given its rapid expansion 

and its significant impact, both negative and positive, for students 

and families and the dearth of information available to policymakers. Already, in response to news reports of excessive executive 

compensation and extravagant expenditures, the GAO has undertaken, at the Committee’s request, an investigation of whether taxexempt organizations making student loans are abusing their taxexempt status and are involved in deceptive marketing. In addition, at the request of the Committee, and subsequently supported 

by the Secretary of Education, the Federal Trade Commission has 

undertaken an investigation of student loan marketing practices by 

lenders in the student loan market. In undertaking its work, the 

Committee will continue its close collaboration with the Committee 

on Financial Services and consider future hearings and legislation 

as needed. 

V. SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title; table of contents 

Designates the short title as the ‘‘College Opportunity and Affordability Act of 2007. ’’ Contains the Table of Contents. 

Sec. 2. Reference; Effective date 

Establishes the effective date as the date of enactment; provides 

that, unless otherwise noted, any amendment to repeal or amend 

a section or provision amends or repeals a section or provision of 

the Higher Education Act of 1965. 

TITLE I—TITLE I AMENDMENTS

Sec. 101. Definitions of institution of higher education 

Amends section 101 to include among listed students an institution may enroll to meet the definition students who are in a program that is acceptable for admission to a graduate program, upon 

approval by the Secretary of Education, and those students who 

are dually enrolled at the institution and a secondary school. 

Amends section 102 to allow foreign medical schools to be eligible 

for federal aid if they have a clinical training program approved 

prior to January 1, 2008, certify only unsubsidized Stafford or 

PLUS loans, and agree to reimburse the Secretary for the cost of 

any defaulted loan in the institution’s cohort default rate during 

the previous fiscal year. Allows foreign nursing schools to be eligible for federal aid if they have agreements with hospitals and nursing programs located within the United States, have students complete their training in the United States, certify only unsubsidized 

Stafford and PLUS loans, and agree to reimburse the Secretary for 

the cost of any student loan defaults if the institution’s cohort default rate exceeds 5 percent. Makes conforming amendments regarding the ‘‘90/10 Rule.’’ Further amends section 102 to include 

among listed students an institution may enroll to meet the definition, students who are dually enrolled at the institution and a secondary school. 


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Sec. 102. Additional definitions 

Amends section 103 to include additional definitions of terms for 

use in the Act, including: authorizing committees, critical foreign 

language, distance education, high-need school, limited English 

proficient, universal design, and universal design for learning. 

Makes conforming amendments throughout the Act. 

Sec. 103. Treatment of territories and territorial student assistance 

Amends section 113 to strike subsection (b), which became ineffective on September 30, 2004. 

Sec. 104. National Advisory Committee on Institutional Quality and 

Integrity 

Amends section 114 to establish a National Advisory Committee 

on Institutional Quality and Integrity in the Department of Education to advise the Secretary on accreditation matters. Provides 

that the committee will be comprised of eighteen members, of 

which six will be appointed by the Secretary, six will be appointed 

by the Speaker of the House of Representatives (three members 

based on the recommendation of the majority leader of the House 

of Representatives and three members based on the recommendation of the minority leader of the House of Representatives), and 

six will be appointed by the President pro tempore of the Senate 

(three members based on the recommendation of the majority leader of the Senate and three members based on recommendation of 

the minority leader of the Senate). Establishes qualification requirements and terms of office for committee members, provides for 

the selection of a committee chairperson and specifies the functions 

of the committee. Sets forth committee meeting procedures, limitations on committee functions, and reporting requirements. 

Sec. 105. Drug and alcohol abuse prevention 

Amends section 120 to include reporting on the number of drug 

and alcohol-related incidents that occur on the property of an institution of higher education and that are reported to the institution, 

and extends the Alcohol and Drug Abuse prevention grants, and repeals the National Recognition Awards. 

Sec. 106. Prior rights and obligations 

Amends section 121(a) to permanently extend the authorization 

to continue coverage of prior rights and obligations for servicing of 

outstanding bonds from old title VII bonds. 

Sec. 107. Improved information concerning the Federal student financial aid Web site 

Amends section 131 to add new subsections to promote the Department of Education Federal Student Aid Web site by ensuring 

prominent links to the site on the Department of Education’s homepage, and creating a database of federal student assistance programs, including those located at federal agencies and departments 

other than the Department of Education. 

Sec. 108. State commitment to affordable college education 

Inserts a new section 132 requiring a fiscal maintenance of effort 

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cated in the state. Provides that the Secretary of Education may 

waive the requirement in specified circumstances. Makes states 

that fail to meet the requirement ineligible for funding under certain newly established program funds. Authorizes the Secretary to 

identify and disseminate institutional cost containment strategies 

and publicly recognize institutions of higher education that are 

doing an effective job at cost containment. 

Sec. 109. Transparency in college tuition for consumers 

Inserts a new section 133 to define net price and provide for the 

development by the Bureau of Labor Statistics of higher education 

price indices that reflect the annual change in tuition and fees for 

undergraduate students by institution type and control. Requires 

the Secretary to publicly report on an annual basis a national list 

ranking institutions of higher education according to the percentage change and dollar change in such institutions’ tuition and fees 

over the preceding three years. Creates higher education price increase watch lists to be published by the Secretary annually to list 

those institutions whose increase in tuition and fees outpace the 

applicable higher education price index; requires the Secretary to 

report the full price of tuition and fees, price of room and board, 

and common expenditures for such institutions. Requires institutions so listed to establish quality-efficiency task forces to review, 

analyze and publicly report on the institution’s operating costs. 

Provides that in specified circumstances institutions would be exempt from being listed on the higher education price increase 

watch list. Requires the Secretary to annually report on the Department’s web site the most recent five-year trends in each state’s 

appropriations per enrolled student in public institutions of higher 

education in the state and tuition and fees for each such institution 

as well as the total amount of need-based and merit-based aid provided by the state to students enrolled in an institution of higher 

education in the state. 

Provides for the creation by the Secretary of several model net 

price calculators to help students, families, and consumers determine the net price of an institution of higher education for various 

categories of such institutions. Requires institutions of higher education to adopt and use a net price calculator, as either developed 

by the Secretary or the institution, to help students, families and 

other consumers determine the net price of such institution and requires disclosure of the institution’s net price in the institution’s 

admissions application materials. Further requires the Secretary to 

develop a model document, to be known as the ‘‘University and College Accountability Network’’ (U–CAN), to annually report basic information about each institution that chooses to participate, to be 

posted on the college information web site and made available to 

institutions of higher education, students, families, and other consumers. Requires the document to include the following information about the institution in a consumer-friendly manner: specified 

demographic and enrollment information on students enrolled at 

the institution; specified information on the degrees awarded by 

the institution; specified information about the faculty of the institution; specified information about the cost of attending the institution, the financial aid received by and available to the students at 


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the institution; and other specified information that would be helpful to prospective students and students enrolled at the institution. 

Sec. 110. Textbook information 

Amends part C of title I by adding a new section 134 to ensure 

that students are offered better and more timely access to affordable course materials. Defines necessary terms. 

Further requires that publishers provide faculty or other adopting entities with information on the price at which the publisher 

makes the material available to the college bookstore on the campus of (or otherwise associated with) the institution, the copyright 

dates of all previous editions of the textbook, a description of any 

substantial content revisions between the current and preceding 

version of the textbook or supplemental material, and whether the 

textbook or supplemental material is available in any other formats 

(including paperback and unbound) and the price at which the alternative materials are available. Requires that such information 

be provided in writing, which may include electronic communication, such as e-mail or access to a public web site. Requires publishers to offer all bundled materials (as such term is defined) as 

separate and unbundled items that are separately priced. Requires 

publishers to provide the information required under this section to 

the maximum extent practicable for custom textbooks. 

Requires that, to the maximum extent practicable, institutions of 

higher education shall disclose in the Internet course schedules the 

International Standard Book Number (ISBN) and retail price information for required and recommended textbooks, related materials, 

and supplies for each course listed in the institution’s course schedule. In the case that the ISBN number is not available for an item, 

requires the institution to disclose the author, title, publisher, and 

copyright date of the item. If the institution determines that the 

disclosure of the information is not practicable for an individual 

item or for a course, requires the institution to place ‘‘to be determined’’ in absence of the information until such time as the information is available. Requires institutions that do not provide subsequent course information on the Internet to provide the information required in printed course catalogs, as such information is 

available at the time of printing. 

Further requires that institutions of higher education provide, as 

soon as is practicable, upon the request of any college bookstore the 

institution’s course schedule for the subsequent academic period, 

and for each course or class the information required to be provided 

on the institution’s Internet course schedule, the number of students enrolled, and the maximum student enrollment. 

Nothing in this section is intended to supersede institutional autonomy or the academic freedom of instructors in selecting college 

textbooks and materials for use in higher education. 

This section is effective on July 1, 2008. 

Sec. 111. Database of student information prohibited 

Inserts a new section 135 that provides that nothing in the Act 

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wise 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. Adds a new section that clarifies that this prohibition does 

not apply to a system that is necessary for the operation of programs authorized by title II, IV, or VII or data required to be collected by the Secretary that were in use by the Secretary as of the 

day before the date of enactment of the College Opportunity and 

Affordability Act of 2007. Further clarifies that the prohibition does 

not extend to a state or a consortium of states, which may develop, 

implement, or maintain 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. 112. Institution and lender reporting and disclosure requirements 

Amends title I of the Higher Education Act of 1965 to create a 

new part E (Institution and lender reporting and disclosure requirements). Section 151 defines ‘‘covered institution’’ as any educational institution that offers a postsecondary educational degree, 

certificate, or program of study, and receives any federal funding 

or assistance; the term includes authorized agents and employees 

of the institution. The term ‘‘educational loan’’ is defined to include 

loans made, insured, or guaranteed under title IV of the Higher 

Education Act of 1965 or a private educational loan, which is defined as a loan not made, insured or guaranteed under title IV and 

issued by a lender to a student or parent expressly for postsecondary educational expenses. Defines a ‘‘preferred lender arrangement’’ as an arrangement or agreement between a lender and a 

covered institution under which a lender provides a loan to a student or parent of student attending an institution and the institution recommends, promotes, or endorses the lender’s loan product; 

excludes from the definition loans made under section 499(b) as 

well as loans under Parts D and E of title IV of the Higher Education Act. Defines ‘‘lender’’ as a creditor, as defined in section 103 

of the Truth in Lending Act, and includes an agent of the lender. 

Defines ‘‘officer’’ as including a director or trustee of an institution 

and the term ‘‘postsecondary educational expenses’’ as those expenses included as part of a student’s cost of attendance, as defined 

under section 472. 

Section 152 requires each lender entering into a preferred lender 

arrangement with a covered institution to certify annually to the 

Secretary of Education its compliance with the requirements of this 

act. Also prohibits institutions from agreeing to a lender’s use of 

the name, emblem, mascot, or logo of the institution in the marketing of private educational loans in any way that implies that the 

institution endorses the private educational loans offered by a lender. 

Section 153 directs the Secretary of Education to report to the 

authorizing Congressional committees on the adequacy of educational loan information provided to borrowers and requires the 

report to include a model disclosure form developed and prescribed 

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tion to the Secretary and covered institutions with which they have 

a preferred lender arrangement. Also requires such lenders to disclose, in addition to specified loan information, interest rates and 

other terms and conditions of educational loans, and any philanthropic contributions made to such institutions. Requires institutions to provide the Secretary, prospective borrowers, and the public with the disclosure form information as well as a detailed explanation of why such loans are beneficial to borrowers in time for the 

student or parent to take such information into account before applying for or selecting a loan. In addition, requires covered institutions to disclose on their web sites and in their informational materials: (1) that they cannot limit students to recommended lenders 

and must process the loan documents of any eligible lender; (2) the 

information provided on the model disclosure form with regard to 

recommended lenders; (3) the maximum federal grant and loan aid 

available; and (4) the cost of attendance. 

Requires, under section 154, covered institutions that provide 

prospective borrowers with private educational loan information inform students and parents of (1) their title IV assistance eligibility; 

and (2) compare and distinguish private loans from title IV loans. 

Section 155 requires institutions of higher education (IHEs) to 

develop, publicize, and enforce codes of conduct for their officers, 

employees, and agents that prohibit conflicts of interest with respect to educational loans. Also prohibits an institution’s officers, 

employees and agents that have financial aid duties from accepting 

gifts from lenders, guarantors, or servicers of educational loans and 

directs the Inspector General of the Department of Education to investigate and report annually to Congress on gift ban violations. In 

addition, prohibits institutional officers, employees or agents who 

are employed in the financial aid office of an institution from accepting any fee, payment, or other financial benefit as compensation for any type of consulting arrangement or other contract to 

provide services to a lender or on behalf of a lender, and from participating on any advisory councils of lenders or affiliates of lenders. Also provides that in certain circumstances an institutional officer, employee or agent is allowed to serve on a board of directors 

of a lender, guarantor, or servicer of educational loans, and that an 

officer, employee or agent of a lender, guarantor or servicer of educational loans is allowed to serve on an institution’s board of trustees. Bars institutions from: (1) entering into revenue sharing agreements; (2) requesting or accepting lender assistance with call center or financial aid office staffing, except in limited circumstances; 

(3) requesting or accepting any lender’s offer of funds for private 

educational student loans in exchange for concessions or promises 

to the lender with respect to an institution providing the lender a 

specified number of loans, a specified loan volume, or a preferred 

lender arrangement for any loans made, insured, or guaranteed 

under title IV. Also prohibits lenders from making any such offer. 

Section 156 conditions the receipt of federal funds and assistance 

by schools and lenders on their compliance with part E. Establishes 

penalties for noncompliant schools and lenders, including: (1) a ban 

on lenders from participating in title IV programs; and (2) a 

$25,000 civil penalty for institutions and as well as for lenders that 

do not participate in title IV programs. 


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Also included in the new part E is section 157 which provides for 

enhanced student loan counseling for borrowers. Requires lenders 

to contact borrowers five years into their loan repayment to ascertain, for those borrowers who selected other than a standard repayment plan, whether a borrower is able to select an alternative repayment plan with a shorter repayment period that would reduce 

the total interest paid on the borrower’s loan. Additionally, prior to 

a borrower beginning loan repayment, requires lenders to provide 

a borrower an explanation of principal borrowed, current balance, 

interest already paid, interest due over the life of the loan, and options by which borrowers may avoid or be removed from default, 

as well as repayment options. Requires lenders to provide similar 

information during loan repayment periods, and to provide information concerning options, including forbearance, available to borrowers experiencing difficulty repaying their loans. Requires institutions of higher education to provide enhanced counseling for borrowers including providing them information concerning the average indebtedness of borrowers at the institution, sample monthly 

repayment amounts based on a range of indebtedness levels, starting salaries for graduates of institutions by type and control of institution and field of study, repayment options available to borrowers, and the likely consequences of borrower default. Requires 

the Secretary to provide information to institutions to enable them 

to provide borrowers with the enhanced counseling. 

Sec. 113. Feasibility study for national electronic student loan marketplace 

Directs the Secretary, in consultation with the Federal Trade 

Commission (FTC), representatives of student loan borrowers, representatives of institutions of higher education, and other relevant 

stakeholders, to conduct a study on the feasibility of developing a 

National Electronic Student Loan Marketplace that would provide 

for a registry of realtime information on federal and private student loans. Requires the Secretary to report findings to the authorizing Congressional committees not later than six months prior to 

the completion of the model interest rate format required under 

section 153(a)(1). 

TITLE II—TITLE II REVISION

Sec. 201. Revision of title II 

Section 201 amends title II with revisions to Part A, Part B, and 

the addition of a new Part C. 

TITLE II TEACHER QUALITY ENHANCEMENT

Definitions and Rule of Construction 

Includes definitions to be used for all of title II, but primarily for 

Part A Teacher Quality Partnership Grants, and in addition to 

other terms, specifically includes the following definitions: 

• Induction program is a formalized program for new teachers 

during at least the teachers’ first two years of teaching that is designed to provide support for, improve the professional performance 

of, and increase retention of beginning teachers. Such programs 

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tion with teachers in the same department or field, the application 

of empirically based practice and scientifically valid research on instructional practices, development of skills in instructional and behavioral interventions derived from empirically based practice and, 

where applicable, scientifically valid research, assistance with the 

understanding of data, particularly student achievement data and 

the data’s applicability in classroom instruction, and regular evaluations of the new teacher. 

• A Teaching residency program means a school-based teacher 

preparation program in which a prospective teacher teaches alongside a mentor teacher for one academic year; receives concurrent 

instruction from the partner institution; acquires effective teaching 

skills; and earns a master’s degree, attains full state teacher certification or licensure, and becomes highly qualified. 

• Scientifically valid research is applied, basic and field-initiated 

research in which the rationale, design and interpretation are 

soundly developed in accordance with accepted principles of scientific research. 

• Early childhood education program is defined as a program 

funded under Head Start, a state licensed or regulated child care 

program or state prekindergarten program serving children from 

birth through kindergarten. Additionally, this section defines early 

childhood educator as an individual with primary responsibility for 

the education of children in these defined programs. 

This section also includes a rule of construction to ensure that 

nothing in title II may supersede the terms of collective bargaining 

contracts. 

PART A—TEACHER QUALITY PARTNERSHIP GRANTS

Purposes; Definitions 

Under Part A teacher quality partnership grants amend current 

law by eliminating state grants. With respect to the terms specific 

to the partnership grants, amends terms in current law as follows: 

• Eligible partnerships is amended to include not only a high 

need local education agency but a consortium of such LEAs or early 

childhood education programs. Additionally, departments or programs that are specific to teacher professional development, are included as well. Further, the term includes teacher organizations, 

charter schools, and operating programs that provide of alternative 

routes to state certification of teachers. 

• Partner institutions is amended to include two-year institutions 

of higher education offering a dual program with a four-year institution as well as changes to ensure that the teacher education programs require a higher standard of achievement. 

Partnership grants 

Authorizes the Secretary to award competitive grants to eligible 

partnerships. Requires that each application contain a needs assessment of all the partners and a description of the extent to 

which the teacher preparation program prepares new teachers, including how to understand and use research and data in the classroom, and how the partnership would coordinate with other programs. Requires that applications also include a resource assessment of the resources available to the eligible partnership and an 


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evaluation plan. In addition, requires applications to describe how 

the partnership would: align the teacher preparation program with 

academic achievement, early learning, and content standards; connect faculty at partner institutions with teachers and their classrooms in the high-need local educational agency included in the 

partnership to provide professional development opportunities; ensure the preparation of general education teachers and special education teachers to teach students with limited English proficiency; 

in-service professional development strategies and activities to be 

supported; design, implement or enhance a yearlong rigorous and 

enriching pre-service clinical program; collect, analyze, and disseminate data on teacher retention. 

Provides that eligible partnerships that receive grants under this 

part shall use grant funds to carry out a program for the pre-baccalaureate preparation of teachers, a teaching residency program, a 

leadership development program or all of these programs. Programs for the pre-baccalaureate preparation of teachers shall be 

held accountable for promoting strong teaching skills, as well as 

preparing current or prospective teachers to be highly qualified, to 

understand evidence-based research on teaching and learning and 

its applicability to the classroom, and to use technology effectively. 

Required reforms shall include changing teacher preparation curriculum to improve, evaluate and assess how new and prospective 

teachers develop teaching skills; using evidence-based knowledge 

about teaching and learning to improve the preparation of teachers; 

ensuring new teachers receive training in both teaching and content areas; and developing and implementing an induction program, literacy training, as well as other requirements. Such programs shall also include clinical experience and interaction, 

through the development and improvement of sustained and highquality pre-service clinical education programs, to further develop 

the teaching skills of all prospective educators. Requires such programs must create induction programs for new teachers. Such programs must also provide support and training for participating individuals, such as release time, course workload credit, and a stipend for mentors. 

Teaching residency programs shall be based on models of successful teaching residencies, and shall include: the integration of 

pedagogy, classroom practice, and teacher mentoring; engagement 

of participants in rigorous coursework to obtain a master’s degree 

while undertaking a guided teaching apprenticeship; experience 

and learning opportunities alongside an experienced mentor teacher, including the establishment of clear criteria for the selection of 

mentor teachers based on measures of teacher effectiveness and 

subject area knowledge; grouping of teacher candidates in cohorts 

to facilitate professional collaboration among residents; development of admissions goals and priorities aligned with the hiring objectives of the local education agency; support for residents, once 

they are teachers, through an induction program; and continued 

provision of professional development and networking opportunities 

to support residents through at least their first two years of teaching. Teaching residency programs shall provide 1-year living stipend or salary to teaching residents during the one year residency. 

As a condition of receiving such a stipend, a teacher resident shall 

agree to teach in a high-need school served by the high-need local 


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educational agency involved in the partnership for three or more 

years after completing the residency. 

Leadership programs shall prepare students to participate in 

programs to prepare them for careers as superintendents, principals, or other school administrators. The program also ensures 

participants shall receive effective pre-service preparation and 

mentoring which may include year-long opportunities for enrichment and clinical learning settings. The program also includes an 

induction program for new administrators and ensures the recruitment of individuals, from underrepresented populations, mid-career 

professionals and those from rural communities, to participate in 

the program. 

Administrative provisions 

Provides that grants available under this section shall be for five 

year periods, and that a partnership is eligible to receive only one 

grant during a five year period. However, individual members 

within a partnership are eligible to receive another grant during 

this period by participating in other partnerships with different 

members. Applications shall be submitted to a peer review panel 

for evaluation, and the Secretary shall select grant recipients on 

the basis of the peer review process. Priority shall be given to applications that include teacher preparation programs with a rigorous selection process and to applicants from broad-based partnerships that include business and community organizations or to 

partnerships that will ensure an equitable distribution of grants 

among urban and rural areas. Each partnership receiving a grant 

under this section is required to provide an amount equal to 100 

percent of the amount of the grant in cash or in kind from nonfederal sources. The Secretary may waive the matching requirement if the matching requirements would impose a serious hardship. 

Accountability and evaluation 

Requires that partnership evaluation plans include objectives 

and measures for increasing student achievement, teacher retention, improvements in pass rates on state certification and licensure, and the percentage of highly qualified teachers hired by the 

high-need local educational agencies, including the percentage of 

highly qualified teachers working within the various targeted demographics including high-need areas (including special education, 

language instruction, educational programs for limited English proficient students, and early childhood education). 

Accountability for programs that prepare teachers 

Requires that all institutions of higher education that conduct a 

traditional teacher preparation program or alternative route to 

state certification or licensure program, and that enroll students 

receiving federal assistance under this Act, report the progress 

made toward specific measures for both their traditional teacher 

preparation programs and alternative route to state certification or 

licensure programs. 

Requires states to annually submit a report card on the quality 

of teacher preparation to the Secretary of Education. The Secretary 

may not create a national list or ranking of states or schools based 


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on these reports. The Secretary must provide Congress with a report card, which must be made widely available, on teacher qualifications and preparation in the United States. The Secretary must 

also submit a report to Congress that contains a comparison of 

states’ and eligible partnerships’ efforts to improve the quality of 

the teaching force. 

Teacher development 

Requires institutions that receive title IV aid and conduct traditional teacher preparation programs, including programs that offer 

ongoing professional development programs or alternative routes to 

state certification or licensure programs, to set annual quantifiable 

goals for increasing the number of prospective teachers trained in 

teacher shortage areas, and more closely link the training provided 

by the institution with the needs of schools. A report shall be made 

public on whether institutions have met these goals. 

State functions 

Requires states receiving funds under this section have in place 

a procedure to identify and assist low-performing teacher preparation programs. If a state terminates financial support for a teacher 

preparation program due to low performance, the program must 

provide transitional support for students enrolled at the institution 

at the time of the termination. 

General provisions 

Requires the Secretary to ensure that states and institutions of 

higher education use fair and equitable methods in reporting and 

that the reporting methods not allow for identification of individuals. Provides that information requested by the teacher preparation programs be provided to the program to enable the program 

to evaluate its effectiveness. 

Authorization of appropriations 

This section provides $500 million for fiscal year 2009 and such 

sums for each of the two succeeding fiscal years. 

PART B—PREPARING TEACHERS FOR DIGITAL AGE LEARNERS

This part replaces Part B under current title II. 

Program authorized 

Authorizes the Secretary to award grants to eligible consortia for 

the purpose of prioritizing the use of technology to improve student 

learning. Grants for the program are for three years, renewed for 

one additional year, and for not more than $2 million. 

The federal share shall not exceed 75 percent. An eligible consortium is defined as at least one institution of higher education that 

prepares teachers, at least one state educational agency, or local 

educational agency, a department of education, a college of arts 

and sciences, and an entity with the capacity to contribute to the 

technology-related reform of teacher preparation programs. 

Uses of funds 

Under this section, grants that receive funding fall into one of 

two categories: partnership grants or transformation grants. For 


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partnership grants, funds shall be used to provide teacher candidates with field experiences in educational settings with technology; build the skills of teacher candidates; provide professional 

technology development including pedagogical skills; implement 

strategies for the mentoring of teacher candidates; evaluate teacher 

candidates; build collaborative learning communities; and evaluate 

the effectiveness of the project. For transformation grants, funds 

shall be used to redesign curriculum; to foster collaboration between the department, school, or college of education to integrate 

technology into the teacher preparation programs as well as transform the teaching and learning process; foster collaboration among 

faculty to create case studies of technology applications; and other 

specific uses. 

Application requirements 

This section provides that eligible consortium shall submit an application to the Secretary that clearly addresses a description of the 

project to include some specifics; a demonstration of commitment 

and support for the project; how consortium members will participate; collaboration with the state and local educational agency; and 

other requirements. 

Evaluation 

This section specifies that not less than 10 percent of the funds 

awarded shall be used to evaluate the effectiveness of the project. 

Authorization of appropriations 

This section provides $100 million for fiscal year 2009 and such 

sums for each of the two succeeding fiscal years. 

PART C—ENHANCING TEACHER EDUCATION

This part creates a new Part C to title II. 

Authorization of appropriations 

This section authorizes such sums as may be necessary for fiscal 

year 2009 and each of the four succeeding fiscal years to carry out 

the programs in this part. 

SUBPART 1—RECRUITING TEACHERS WITH MATH, SCIENCE, OR

LANGUAGE MAJORS

Program authorized 

This section authorizes the Secretary to provide competitive 

grants to institutions of higher education to improve the availability, recruitment, and retention of teachers from among students 

majoring in math, science, foreign languages, special education, or 

to those teaching English to students who are limited English proficient. Grantees shall use funds to create and provide new recruitment incentives to encourage individuals to go into teaching, particularly those in the high-need subject areas. Additionally, funds 

may be used to upgrade curriculum related to instructional strategies for teaching reading, the English language, and differentiating 

instruction to teach students with disabilities. Funds may be used 

to integrate faculty from the school of education, and other pursuits 


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to ensure the recruitment of highly qualified individuals in highneed subject areas. 

SUBPART 2—COMMUNITY COLLEGES AS PARTNERS IN TEACHER

EDUCATION GRANTS

Grants to community colleges 

This section authorizes the Secretary to provide competitive 

grants to eligible entities to establish or enhance teacher education 

programs at community colleges. Funds from the grants shall be 

used to develop curriculum for teacher education programs and 

post-baccalaureate certification programs at community colleges; 

clinical experiences; develop new associate degree programs focused 

on teacher preparation; increase the alignment between community 

college teacher education programs and four-year college and university teacher education programs; recruiting individuals to participate in the program to ensure diversity; preparing teachers for 

high-demand subject areas and to teach in high-need schools; and 

other uses. An eligible entity is a community college or consortia 

of community colleges or statewide community college system that 

has entered into a partnership with a four-year institution of higher education with a teacher preparation program, and at least one 

of the following: the state agency that oversees teacher preparation; 

one or more local educational agencies; a professional organization 

representing teachers. Priority shall be given to applications that 

aim to increase the diversification of the teacher workforce, prepare 

teachers for high-demand subject areas or to teach in high-need 

schools. 

Definitions 

This section defines community colleges; four-year institutions; 

and a qualified teacher preparation program. 

SUBPART 3—HONORABLE AUGUSTUS F. HAWKINS CENTERS OF

EXCELLENCE

Definitions 

This section defines the terms: eligible institution; and scientifically based reading research. 

Honorable Augustus F. Hawkins Centers of Excellence 

This section authorizes the Centers of Excellence competitive 

grant program. Requires grantees to ensure that current and future teachers are highly qualified. Requires grantees to use funds 

to implement reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly 

qualified, are able to understand scientifically based research, and 

are able to use advanced technology effectively in the classroom to 

improve student academic achievement; provide new teachers sustained and high-quality pre-service clinical experience, mentoring 

from exemplary teachers, and increased interaction between faculty 

at institutions of higher education and new and experienced school 

personnel; develop initiatives to promote retention of highly qualified teachers and principals, including minority teachers and principals; award need-based scholarships to help students pay the cost 

of tuition, room, board, and other expenses; disseminate informaVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00312 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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tion on effective practices for teacher preparation and successful 

teacher certification and licensure assessment preparation strategies; and activities authorized under sections 202. 

Outlines the requirements for submitting an application. Sets the 

minimum grant under this part at $500,000. Limits to 2 percent 

the amount of a grant that can be used for administrative expenses. Requires the Secretary to prescribe regulations as necessary. 

SUBPART 4—TEACH FOR AMERICA

This subpart authorizes the Secretary to award a non-competitive grant to Teach for America to conduct outreach activities to 

undergraduate and graduate students to attract them to participate in the Teach for America program. The program attracts college graduates to teach for up to two years in underserved schools. 

Grant funds will be used for recruitment, pre-service training and 

professional development during an individual’s first two years of 

teaching under this program. Teach for America shall submit an 

annual report and the Secretary shall conduct a study of program 

outcomes. 

SUBPART 5—EARLY CHILDHOOD EDUCATION PROFESSIONAL

DEVELOPMENT AND CAREER TASK FORCE

Purpose 

This section establishes the purpose of this subpart. 

Definition of early childhood education program 

This section defines an early childhood education program. 

Grants authorized 

This section authorizes a new competitive grant program for 

states. Grant funds shall be used to establish State Early Childhood Education Professional Development and Career System Task 

Forces and to support the activities of such task forces. 

State task force establishment and State task force activities 

Under these sections, such State Task Forces may be new entities or may be existing entities designated by the Governor for this 

purpose. They shall include at least five members representing specifically designated stakeholders, and shall carry out activities including the conducting of periodic needs assessments of the demographics of individuals working in early childhood education programs in the state and a review of opportunities for and barriers 

to high quality professional development and training in early 

childhood development and learning. The State Task Force shall 

develop a plan for a comprehensive statewide career system. The 

plan shall include methods of outreach to early childhood education 

program staff; developing a unified data collection and dissemination system for early childhood training, professional development, 

and higher education programs; providing resources for the costs of 

enrolling in and completing post-secondary education programs; developing mentoring and coaching programs to support new teachers 

in and directors of early childhood education programs; supporting 

professional development activities and a career lattice; supporting 


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articulation agreements between two- and four-year institutions 

and other mechanisms to earn academic credit; providing career 

development advising with respect to the field of early childhood 

education; and providing a system of quality assurance with respect to the early childhood education professional development 

and career system, including standards or qualifications for individuals and entities who offer training and professional development in early childhood education. The State Task Force shall hold 

public hearings and provide an opportunity for public comment on 

the contents of the state plan. The State Task Force shall meet periodically to review implementation of the plan and propose 

changes as needed. 

State application and report 

This section outlines the requirements for the application and requires each state receiving a grant to submit a report to the Secretary no later than two years after receiving the grant. 

Evaluations 

This section requires that each state receiving a grant under this 

subpart must evaluate their activities. 

Sec. 202. National Academy of Sciences study of best practices in 

teacher preparation 

This section calls for the National Academy of Science to study 

the best practices in teacher preparation. 

TITLE III—TITLE III AMENDMENTS

Sec. 301. Program purpose 

Section 301 states that special consideration for awarding grants 

under this section shall be given to grant applications that include 

support services for the education of special populations. Allowable 

uses of grant funds are expanded to include using grant aid for 

education or counseling services designed to improve the financial 

literacy of students or their parents. 

Sec. 302. Title III grants for American Indian Tribally Controlled 

Colleges and Universities 

Section 302 amends the definition of a ‘‘Tribal College or University’’ to include institutions identified in the Tribally Controlled 

College or University Assistance Act of 1978, the Navajo Community College Assistance Act of 1978, or cited in section 532 of the 

Equity in Educational Land Grant Status Act of 1994. 

Allowable uses of grant funds are also expanded. Institutions 

may now use grant aid to acquire real property adjacent to the institution, for education or counseling services designed to improve 

financial literacy of students or their parents, or to develop or improve distance learning or Internet facilities and capabilities. 

The Secretary of Education would use the remaining appropriated funds to award grants on a formula basis, with no such 

grant in an amount less than $500,000. Sixty percent of these 

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maining 40 percent would be distributed equally among all eligible 

schools. 

Colleges or universities that are eligible for and receive funds 

under section 316 would not be eligible to receive any additional 

funding, concurrently, under part A or B of title III. Eligible institutions would not be subject to the wait-out period with respect to 

new funding under section 316. 

Sec. 303. Predominantly Black Institutions 

This section authorizes the Secretary to award grants under a 

new grant program to Predominantly Black Institutions. Grant 

funds shall be used to plan, develop, undertake and implement programs to enhance the institution’s capacity to serve more low- and 

middle-income Black American students, to expand higher education opportunities for title IV eligible students by encouraging 

college preparation and student persistence in secondary school 

and postsecondary education, and to strengthen the ability of the 

Predominantly Black Institution to serve such students. Grant 

funds may be used for academic instruction in disciplines in which 

Black Americans are underrepresented, to establish or enhance a 

program of teacher education designed to qualify students to teach 

in a public elementary school or secondary school in the state, or 

to establish community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and interest to pursue postsecondary education, among 

other uses. Up to 20 percent of each grant may also be used to establish or increase an endowment fund, in which case the institution must raise an equal amount from non-federal sources. 

Priority for such grants shall be given to Predominantly Black 

Institutions with high numbers of financially needy or Black students. Grants shall not be less than $250,000. 

Sec. 304. Assistance to Asian American and Pacific Islander-serving 

institutions 

This section authorizes the Secretary to award grants under a 

new grant program to Asian American and Native American Pacific 

Islander-serving institutions. Grant funds shall be used to plan, develop, undertake and implement programs to enhance the institution’s capacity to serve more low- and middle-income Asian American and Pacific Islander students, to expand higher education opportunities for title IV eligible students by encouraging college 

preparation and student persistence in secondary school and postsecondary education, and to strengthen the ability of the institution 

to serve such students. Grant funds may be used for academic instruction in disciplines in which Asian Americans and Native 

American Pacific Islanders are underrepresented, to support faculty exchanges and faculty development, or to establish community 

outreach programs that will encourage elementary school and secondary school students to develop the academic skills and interest 

to pursue postsecondary education, among other uses. Priority for 

such grants shall be given to Asian American and Native American 

Pacific Islander-serving institutions with high numbers of financially needy students. 


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Sec. 305. Native American-serving, nontribal institutions 

Section 305 authorizes a new grant program specifically for Native American-serving, nontribal colleges and universities. The Secretary of Education must provide grants of at least $200,000 for 

schools to improve their capacity to serve Native Americans. 

Grants may be used to fund the following types of activities: purchasing scientific or laboratory equipment, books, and other educational material; renovating classrooms, libraries, or other instructional facilities; and supporting faculty and curriculum development, tutoring and other student support services. 

Provides, in order to be eligible for a grant, the institution may 

not be a tribal college or university and at least 10 percent of the 

undergraduate enrollment must be comprised of Native American 

students. Additionally, institutions that are eligible for or receive 

funds under section 318 would not be eligible to receive any additional funding, concurrently, under part A or part B of title III. 

This section waives the requirement in section 313(d), allowing eligible institutions to apply for new funding once the grant expires. 

Sec. 306. Strengthening Historically Black Colleges and Universities 

Section 306 includes technical changes including the use of grant 

aid for education or counseling services designed to improve financial literacy of students and their parents or for various academic 

student support services. Funds may also be used to acquire and 

develop property adjacent to colleges and universities. 

The section also makes specific changes to the minimum allotment for grants under Part B. Additionally this section makes 

changes to the duration of grants for professional graduate institutions as well as includes new institutions named as designees 

under the Professional or Graduate Institutions program. 

The following six universities are added to the list of qualified 

graduate programs: Alabama State University, Bowie State University, Prairie View A&M University, Delaware State University, 

Langston University, and the University of the District of Columbia. 

Sec. 307. Endowment Challenge Grants 

Section 307 amends current law to increase the amount of grant 

aid institutions may receive under this section. Additionally, the 

language allows the Secretary to provide technical assistance to institutions desiring a grant under this section. 

Sec. 308. Limitations on Federal insurance for bonds issued by the 

designated bonding authority 

Section 308 increases the aggregate principal amount of bonds 

that may be outstanding at any given time. 

SUBPART 2—PROGRAMS IN STEM FIELDS

This subpart creates a new partnership grant program under 

Part E of title III. 

Sec. 355. YES Partnerships grant program 

Under section 355, the Secretary is authorized to make grants to 

eligible partnerships to support underrepresented minority youth 


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engagement in science, technology, engineering, and mathematics 

through outreach and hands-on, experiential-based learning 

projects that encourage underrepresented minority students to pursue careers in science, technology, engineering and mathematics. 

Sec. 356. Promotion of entry into STEM fields 

Section 356 includes language to allow the Secretary to enter 

into a contract with a firm to implement a campaign aimed at expanding the population of qualified individuals in science, technology, engineering, and math fields by encouraging young Americans to enter such fields. 

Sec. 357. Evaluation and Accountability Plan 

Section 357 requires the Secretary to develop an evaluation and 

accountability plan for projects funded under this subpart. 

Sec. 310. Technical assistance 

Section 310 allows the Secretary to provide technical assistance 

to institutions desiring a grant under this title. 

Sec. 311. Waiver authority 

Section 311 adds a new subsection to provide waiver authority to 

the Secretary for institutions affected by the Hurricanes in the Gulf 

coast region. 

Sec. 312. Authorization of appropriations 

Section 312 authorizes funding for the programs under title III 

and establishes minimum grant amounts. 

Sec. 313. Technical corrections 

Section 313 makes technical and conforming changes throughout 

title III. 

TITLE IV—TITLE IV AMENDMENTS

PART A—PART A AMENDMENTS

Sec. 401. Federal Pell Grants 

Amends section 401(b) to increase the authorized annual maximum Pell Grant award to $9,000 through academic year 2013– 

2014. Further amends section 401(b) by authorizing the Secretary 

of Education to provide up to two grants in a single award year for 

students seeking to enroll in additional academic sessions (e.g., 

summer sessions or year-round enrollment). Further amends the 

section to prohibit persons subject to an involuntary civil commitment after incarceration for a forcible or non-forcible sexual offense 

from receiving a Pell Grant. Makes a technical amendment to the 

mandatory funds provided under P.L. 110–84 to ensure that the 

funds are available for the same award period as are discretionary 

funds. 

Amends section 401(c) to limit the period during which a student 

may receive a Pell Grant to the equivalent of eighteen semesters 

or twenty-seven quarters in duration (as determined by the Secretary). For students enrolled less than full-time, only the fraction 

of time enrolled shall count toward such duration limits. This limiVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00317 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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tation only applies to students who first receive a Pell Grant on or 

after July 1, 2008. 

Amends section 401A to make a number of changes to the eligibility requirements for Academic Competitiveness Grants (ACG) 

and National Science and Mathematics Access to Retain Talent 

(SMART) grants. The amendments expand eligibility for such 

grants to students who are in school on at least a half-time basis, 

clarify that eligible students enrolled in certificate programs of at 

least one year at two and four-year degree granting institutions are 

eligible for ACGs, and expand eligibility for National SMART 

grants to third and fourth year students who are enrolled at institutions that do not offer degrees in the subjects required to be eligible for a SMART grant (physical, life, or computer sciences, math, 

technology, engineering, or critical foreign language), but who have 

taken the required number of classes to gain such a degree at an 

institution that does grant degrees in eligible subject areas. Further, the section is amended to eliminate the citizenship requirement for grants under this section, thus enabling Pell-eligible noncitizens to receive ACG and SMART grants. Finally, it amends the 

process by which such grants are awarded. 

Sec. 402. Federal TRIO Programs 

Amends section 402A to clarify that community-based organizations with experience in serving disadvantaged youth are eligible 

to apply for and receive grants under this chapter. Further amends 

the section to establish that, except for staff training and development programs, awarded grants or contracts may be provided for 

a five-year period, and that the minimum amount awarded for a 

grant under this chapter shall be $200,000, except for staff training 

and development programs. For staff training and development 

programs, the grants may be provided for a two-year period, and 

the minimum grant awarded shall be $170,000. Further amends 

the section to make definitional changes and ensure that applicants 

for awards under this chapter identify services to foster care youth. 

Further clarifies that individuals who are homeless or unaccompanied youth (as defined in section 725 of the McKinney-Vento 

Homeless Assistance Act) are eligible to participate in the programs under this chapter. 

Directs the Secretary to establish and use outcome criteria to 

measure the quality and effectiveness of the TRIO programs. Requires the criteria be disaggregated by low-income students, first 

generation college students, and individuals with disabilities. Requires outcome criteria to measure, where applicable, the delivery 

of service to a total number of students; the students’ secondary 

school enrollment, graduation, and completion of a rigorous secondary school program of study; and the students’ enrollment, retention, performance, and completion in an institution of higher 

education. The Secretary shall compare the results of the identified 

criteria to the targets that were agreed upon with the eligible entity, as established in the entity’s application approved for funding. 

Further amends the section to allow applicants who were not funded for a program under this chapter to appeal the decision of the 

Secretary to an administrative law judge. 

Further amends section 402A to clarify that a ‘‘different campus’’ 

is a site of an institution that is geographically apart from the 


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main campus of the institution, is permanent in nature, and offers 

courses leading to a degree, certificate, or other credential. Further, 

the term ‘‘different population’’ is defined as a group of individuals 

that is separate and distinct for any other population that the entity has applied for a grant to serve or that has distinct needs for 

specialized services. Also amends the section to define eligible veterans as those veterans who served on active duty for a period of 

more than 180 days, including members of a reserve component of 

the Armed Services who were called to active duty for a period of 

more than 180 days, or was a member of a reserve component who 

served on active duty in support of a contingency operation on or 

after September 11, 2001. 

Amends section 402C to clarify that mathematics and science 

preparation are eligible services to provide to veterans to make the 

transition to postsecondary education. Further amends the section 

to restrict the Secretary’s use of funds for the purposes of evaluating and selecting participants of the Upward Bound program. 

Amends section 402E to include Native Hawaiians and Pacific Islanders as eligible participants for assistance in securing admission 

to and financial assistance for enrollment in graduate programs 

under the Postbaccalaureate Achievement Program. 

Amends section 402H to revise the title to read ‘‘Reports, Evaluations, and Grants for Project Improvement and Dissemination.’’ Directs the Secretary of Education to submit a report annually, and 

not later than two years after the participating entities submit 

their report to the Secretary, documenting the outcome data on the 

program’s delivery of services, participating students’ secondary 

and postsecondary school enrollment and completion, and academic 

performance. Reported data will be aggregated by individual 

project performance, include when appropriate descriptive, longitudinal, and multi-cohort data, and comparable data on the national 

population of low-income, first generation students and students 

with disabilities. Reports will provide national performance data 

with the primary purpose of identifying and highlighting best practices for increasing college access and persistence through implementation of the programs and improvement of program practices 

based on the outcome criteria outlined in section 402A. This section 

also specifies that the Secretary may not require an eligible entity 

that applies for assistance under this chapter to recruit students to 

serve as a control group in an evaluation and that the Secretary 

shall take into consideration the burden placed upon the program 

participants and eligible entity and the approval by the institution’s institutional review board when designing an evaluation. 

Sec. 403. GEAR UP Amendments 

Section 403 amends section 404(a) to specify that students with 

disabilities are included (1) among eligible low-income students for 

whom the Secretary is authorized to establish programs to encourage eligible entities to provide or maintain a guarantee of the financial assistance necessary to permit such students to attend an 

institution of higher education and (2) among students for whom 

the Secretary is authorized to support eligible entities in providing 

additional counseling, mentoring, academic support, outreach, and 

supportive services to students who are at risk of dropping out of 

school. 


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In addition, the section amends section 404A(b) to eliminate the 

current law priority for eligible entities that had previously carried 

out programs under chapter 2 prior to the Higher Education 

Amendments of 1998. This section requires the Secretary of Education to give priority to eligible entities that carried out successful 

educational opportunity programs under this chapter (as this chapter was in effect on the day before the date of enactment of the College Opportunity and Affordability Act of 2007) and that have a 

prior demonstrated commitment to early intervention leading to 

college access through collaboration and replication of successful 

strategies; and ensures that students served under this chapter on 

the day before the date of enactment of the College Opportunity 

and Affordability act of 2007 continue to receive assistance through 

the completion of secondary school. 

The section also provides that the Secretary may award a grant 

under this chapter to an eligible entity for seven years. 

The section also amends section 404B(g) to require that certain 

eligible entities provide the option of continued services to program 

participants beyond the 12th grade and through a student’s first 

year of attendance at an institution of higher education, and provide services to students who have received services under a previous GEAR UP grant award but have not yet completed the 12th 

grade. The section also requires eligible entities receiving grants 

under the chapter to provide comprehensive counseling, activities 

and information to participating students regarding the transition 

to college or postsecondary education through continuity of services 

to support students in and through the first year of attendance at 

an institution of higher education. Further, the section expands the 

authorized uses of funds to include providing eligible students with 

a continuing system of mentoring and advising through their first 

year of attendance at an institution of higher education as well as 

special programs or tutoring in science, technology, engineering, or 

mathematics. The section also provides that certain eligible entities 

may consider as priority students those in their first year of attendance, students in foster care, or homeless youth. Additionally 

the section provides eligibility entities with additional flexibility in 

meeting required matching fund requirements by allowing entities 

to count as matching funds those accrued over the full duration of 

the grant award period, provides that, in limited cases, an entity 

may request a reduced match percentage, and provides incentives 

for entities to provide students with financial assistance. In addition, with respect to methods for complying with matching requirements, the section provides that eligible entity may count toward 

the matching requirement financial assistance obligated to students from state, local, institutional, or private funds under the 

chapter and also clarifies other resources that may be counted toward matching requirements. 

The section also expands authorized uses of funds for purposes 

of early intervention by allowing eligible entities to provide financial literacy and economic literacy education or counseling to students, fostering and improving parent and family involvement in 

elementary and secondary education, engaging other entities in a 

collaborative manner to provide matching resources and participate 

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tion and admission requirements, and by providing technical assistance to middle schools, secondary schools or eligible partnerships. 

The section also amends section 404E to provide that scholarships provided for under the program are to supplement aid for 

which students are regularly eligible and provides that the minimum amount of a scholarship that an eligible student may receive 

under this section shall not be less than the lesser of (1) the minimum federal Pell Grant funded under section 401 for the applicable fiscal year or (2) 75 percent of the average cost of attendance 

for an in-state student in a four-year program of instruction at public institutions of higher education in such state, as determined in 

accordance with regulations prescribed by the Secretary. Also, the 

section authorizes $400,000,000 for fiscal year 2009 and such sums 

as may be necessary for each of the 4 succeeding fiscal years. 

Sec. 404. Academic Achievement Incentive Scholarships 

Repeals chapter 3 of subpart 1 of part A of title IV. 

Sec. 405. Federal Supplemental Educational Opportunity Grants 

Amends section 413A to authorize the program at $875,000,000 

for fiscal year 2009 and such sums as are necessary for the next 

four fiscal years. Amends section 413D to increase the allowance of 

books and supplies used to compute the average cost of attendance 

from $450 to $600. 

Sec. 406. Grants for access and persistence 

Amends section 415A to extend the authorization of the 

Leveraging Educational Assistance Partnership Program. 

Amends section 415C to change the maximum amount allocated 

by states for an individual student grant from a maximum of 

$5,000 per academic year to the lesser of $12,500 per academic 

year or the student’s cost of attendance. Require states to notify eligible students that aid is from Leveraging Educational Assistance 

Partnership grants and funded by the federal government and the 

state. 

Rewrites section 415E. The title for section 415E, ‘‘Special 

Leveraging Educational Assistance Partnership Program’’ is revised to read ‘‘Grants for Access and Persistence.’’ The purpose of 

this section is to increase college access and persistence by making 

states allotments to: expand and enhance partnerships with institutions of higher education and private organizations in order to 

provide additional need-based grants to eligible low-income students; provide early notification of eligibility for financial aid; and 

encourage participation in early information, intervention, and 

other outreach programs. 

States desiring an allotment must submit an application to the 

Secretary of Education. The application must describe the state’s 

plan for using the funds and the organizational structure in place 

to administer the various activities and assure that the state provides the matching funds and that early information, intervention, 

and other outreach programs exist or will exist. State agencies 

must apply for an allotment in partnership with the following organizations or entities: at least one private and one public college or 

university located in the state, if applicable; early information, 


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intervention, and other outreach programs located in the state; and 

at least one philanthropic organization or private corporation. 

The amount of the federal share is determined by the percentage 

of full-time students enrolled in the state’s partnership colleges and 

universities in comparison to the total number of students attending institutions of higher education in the state. The federal share 

is 57 percent if enrollment in the state’s partnership schools represents less than a majority of all students attending colleges and 

universities. The federal share is 66.66 percent if enrollment in the 

state’s partnership schools represents a majority of all students attending colleges and universities in the state. 

Each state receiving an allotment must use funds toward the 

overall partnership to award grants for eligible low-income students. States must annually notify low-income students in grades 

seven through twelve of their potential eligibility for financial assistance. To be eligible to receive a grant, students must meet at 

least two of the following criteria: have an expected family contribution of zero; qualify for a free or reduced price lunch; qualify 

for the state’s maximum undergraduate award; or participate in 

early information, intervention, or other outreach programs. Students would receive a grant for each year of their undergraduate 

education, as long as they remained financially eligible and meet 

the state’s degree completion time limits. 

Section 407. Special programs for students whose families are engaged in migrant and seasonal farmwork 

Section 407 amends section 418A to expand the services provided 

by the college assistance migrant program to include internships, 

transportation, and child care. Program follow-up services with students, after they complete their first year of college, may include 

encouraging students to transfer from two-year to four-year institutions of higher education. This section also expands eligibility for 

the recruitment services authorized under this program to children 

who have immediate family members who have spent at least 75 

days over the past 24 months in migrant and seasonal farmwork; 

current law only covers children who themselves or whose parents 

have spent such time in migrant and seasonal farmwork. This section also requires the Commissioner of Education Statistics to annually collect data about persons receiving services under this part, 

including rates of secondary school graduation, entrance into postsecondary education, and completion of postsecondary education. At 

least every 2 years, the Commissioner shall prepare and submit a 

report containing this data, which shall be made available to the 

public. The high school equivalency program and the college assistance migrant program are each reauthorized for such sums as may 

be necessary in fiscal year 2009 and each of the four succeeding fiscal years. The Secretary of Education shall allocate an amount no 

greater than $180,000 for each project under the high school 

equivalency program or the college assistance migrant program. No 

more than 0.5 percent of funds made available for the projects may 

be used for outreach activities, technical assistance, and professional development programs. 


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Sec. 408. Robert C. Byrd Honors Scholarship Program 

Amends subpart 6 of part A by rewriting the subpart. Section 

419A authorizes the Robert C. Byrd Mathematics and Science Honors Scholarship Program. States the purposes of the section and defines the terms ‘‘Computer Science,’’ ‘‘Eligible Student,’’ ‘‘Engineering,’’ ‘‘Life Sciences,’’ ‘‘Managing Agent,’’ ‘‘Mathematics,’’ and ‘‘Physical Sciences.’’ 

Authorizes the Secretary to make a five-year award to a private, 

non-profit organization to manage a program of Mathematics and 

Science Honors Scholarships under this section. Outlines requirements for the federal contribution to the scholarships and the maximum scholarship award. Permits the Secretary to establish eligibility criteria and operational standards for the managing agent, 

and review and revise those criteria as necessary. Permits the Secretary to terminate the agreement if the managing agent fails to 

meet the requirements and requires the Secretary to conduct outreach efforts to raise awareness of the scholarships. Outlines (1) 

the duties of the managing agent; (2) the requirements for submitting an application; (3) several responsibilities of students for receiving and maintaining a scholarship; (4) the responsibilities of institutions of higher education. 

Section 419B authorizes the Mathematics and Science Incentive 

Program. Authorizes the Secretary to carry out a program of assuming the obligation to pay, pursuant to the provisions of this section, the interest on a loan made, insured, or guaranteed under 

parts B and D of title IV. Outlines the eligibility criteria for the 

program. Outlines limitations on the obligations the Secretary is 

permitted to assume. Outlines the responsibilities of the Secretary 

in selecting program participants. Subjects the payment of interest 

under this section to the availability of appropriations. Outlines the 

period during which the Secretary is required to pay interest on behalf of the borrower. Requires the Secretary to pay to each eligible 

lender or holder for each payment period the amount of interest 

that accrues on a loan. Outlines the application procedures for eligible borrowers. Defines criteria for including a consolidation loan 

in this program. Prohibits the receipt of benefits under this program and several others. Defines the terms ‘‘High Need Local Educational Agency’’ and ‘‘Mathematics, Science, or Engineering Professional.’’ 

Section 419D authorizes $50,000,000 for this subpart for fiscal 

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

succeeding years. 

Sec. 409. Child care access means parents in school 

Amends section 419N to set the minimum grant level at $30,000. 

Further amends the section to decrease the minimum total amount 

of federal Pell Grant funds awarded to students attending an institution in order for an institution to be eligible for the program to 

$250,000 from $350,000. Further amends the section to clarify that 

students who have income that qualifies them for eligibility for the 

Pell Grant are eligible to receive assistance under this section, and 

to direct the Secretary to publicize the availability of grants under 

this section, including in appropriate periodicals and to appropriate 

educational organizations. Also, amends the section to extend the 

authorization to 2013. 


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Sec. 410. Learning Anytime Anywhere Partnerships 

Repeals subpart 8 of part A of title IV. 

Sec. 411. TEACH Grants 

Amends subpart 9 of part A of title IV to make technical and 

conforming changes. Inserts a new section 420P to direct the Secretary to evaluate the effectiveness of the TEACH grant program. 

Through this evaluation, the Secretary shall, at a minimum, take 

into consideration: the number of TEACH grant recipients; the gender, race, ethnicity, and age of such recipients; the degrees obtained by such recipients; the location (including the school, local 

educational agency, and state) of where the recipients completed 

the service requirement and the subjects taught by such recipient; 

and the duration of service by grant recipients. 

PART B—FEDERAL FAMILY EDUCATION LOANS

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

Amends section 424(a) to extend federal insurance on student 

loans to 2013. Further amends section 424(a) to extend federal insurance on student loans for students who have other loans under 

this part and are continuing their education through 2017. 

Sec. 422. Federal interest subsidies 

Amends section 428(a) to continue the authorization for the guaranteed loan program. Further amends section 428(a) to extend the 

authorization on student loans for students who have other loans 

under this part and are continuing their education through 2017. 

Sec. 423. Student loan information 

Amends section 428(k) by adding a new paragraph that requires 

a lender, secondary market, holder, or guaranty agency to provide 

upon request, free of charge and in a timely and effective manner, 

any student loan information pertaining to loans made under title 

IV to an institution of higher education, or a third party servicer 

working on behalf of such an institution to prevent student loan defaults, provided that the requested information concerns borrowers 

who currently attend or previously attended the institution. Provides that an institution or third party servicer obtaining access to 

student loan information shall safeguard that information in order 

to prevent potential abuses of the information, including identify 

theft. Further provides that any third party servicer shall (1) only 

use the information in a manner directly related to the default prevention work the servicer is performing on behalf of an institution, 

(2) not sell the information to other entities, (3) not share the information with, or transfer the information to, entities other than the 

borrower or the institution of higher education on whose behalf the 

third party servicer is working, and, (4) be subject to any regulations established by the Secretary pursuant to section 432 concerning the misuse of such information, including any penalties for 

misuse. 


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Sec. 424. Consolidation loan disclosure 

Section 424 requires lenders to disclose in a clear and conspicuous manner to borrowers who seek to consolidate Federal Perkins loans made under part E of title IV that once a borrower adds 

the borrower’s Federal Perkins loan to a consolidation loan, the 

borrower will lose all interest-free periods that would have been 

available for such loan and will no longer be eligible for cancellation of part or all of a Federal Perkins loan under section 465. The 

section also requires lenders to disclose in detail the occupations 

listed in section 465 for which the borrower will lose eligibility for 

Federal Perkins loan cancellation. 

Sec. 425. Loan forgiveness for service in areas of national need 

Rewrites section 428K to amend the Loan Forgiveness for Child 

Care Providers program. Renames the program the Loan Forgiveness for Service in Areas of National Need program. Outlines the 

purposes of the section. Authorizes the Secretary to assume the obligation to repay a qualified loan amount for a loan made, insured, 

or guaranteed under this part or part D (excluding an excepted 

PLUS loan, as such term is defined in section 493C(a)) by a borrower who has been employed full-time for a school, academic, or 

calendar year in an area of national need, and is not in default on 

a loan for which the borrower seeks forgiveness. Borrowers may receive up to $2,000 annually and $10,000 total in forgiveness under 

this section. Forgiveness is awarded on a first-come, first-served 

basis subject to the availability of appropriations. 

Identifies the areas of national need as: Early childhood educators; nurses; foreign language specialists; librarians, highly qualified teachers serving students who are limited English proficient, 

in low-income communities, or who is an individual from an underrepresented population in the teaching profession (including minority male teachers); child welfare workers; speech-language pathologists; national service participants; school counselors; public sector 

employees (individuals employed in public safety—including as a 

first responder, firefighter; police officer or other law enforcement 

or public safety officer; emergency management—including as an 

emergency medical technician; public health—including health care 

practitioners and individuals employed in health care support occupations (as such terms are defined by the Bureau of Labor Statistics); and those employed in public interest legal services—including prosecutors, public defenders, or legal advocates in low-income 

communities at a nonprofit organization); nutrition professionals; 

medical specialists; and mental health professionals. 

Prohibits a borrower from receiving a benefit for the same service 

under both this section and subtitle D of title I of the National and 

Community Service Act of 1990. Prohibits a borrower from receiving a reduction of loan obligations under both this section and sections 428J or 460. Defines the terms Early Childhood Educator, Eligible Preschool Program, Eligible Early Childhood Education Program, Low-Income Community, Nurse, and Speech-Language Pathologist. Authorizes such sums as may be necessary for fiscal 

years 2009–2013. 


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Sec. 426. Loan repayment for civil legal assistance attorneys 

Amends Part B of title IV by adding a new section 428L that provides for loan repayment benefits to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys. Defines the term ‘‘civil legal assistance attorney’’ to mean 

an attorney who is a full-time employee of a nonprofit organization 

that provides legal assistance with respect to civil matters to lowincome individuals without a fee, and as an employee provides civil 

legal assistance on a full-time basis, and is continually licensed to 

practice law. Defines the term ‘‘student loan’’ as a loan made, insured, or guaranteed under part B, D, or E of title IV, as well as 

a loan made under section 428C or 455(g), to the extent that such 

loan was used to repay a (1) Federal Direct Stafford Loan, Federal 

Direct Unsubsidized Stafford Loan, or Federal Direct PLUS loan, 

(2) a loan 122 made under section 428, 428B, or 428H, or (3) a loan 

made under part E. The section authorizes the Secretary to assume 

the obligation to repay a student loan for any borrower who is employed as a civil legal assistance attorney and is not in default on 

a loan for which the borrower seeks repayment. Provides that a 

borrower seeking such repayment will enter into a written agreement with the Secretary that specifies a borrower will remain employed as a civil legal assistance attorney for a period of service of 

not less than three years and that the repayment amount paid by 

the Secretary on behalf of a borrower shall not exceed $6,000 for 

any borrower in any calendar year or an aggregate total of $40,000 

in the case of any borrower. Stipulates that the Secretary will provide, subject to appropriations, repayment benefits on a first-come, 

first-served basis with priority given to a borrower who (1) has 

practiced law for five years or less and, for at least 90 percent of 

the time in such practice, has served as a civil legal assistance attorney, (2) received repayment benefits under this section during 

the preceding fiscal year, and (3) has completed less than three 

years of the first required period of service specified for the borrower in an agreement entered into with the Secretary. The section 

further authorizes to be appropriated $10,000,000 for fiscal year 

2009 and such sums as may be necessary for each of the four succeeding fiscal years. 

Sec. 427. Settlement of claims 

Amends section 432(c) to require the Secretary to ask for the Attorney General to review the terms of any proposed settlement exceeding $1,000,000 prior to agreeing to any such settlement. 

Sec. 428. Delinquency prevention, default aversion, and consumer 

education information programs 

Section 428 amends Part B of title IV by inserting a new section 

433A ‘‘Delinquency Prevention, Default Aversion, and Consumer 

Education Information Programs.’’ Under the section, guaranty 

agencies are required to develop specific programs designed to prevent delinquencies and avert defaults with respect to loans insured 

by the agency. In particular, guaranty agencies 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 


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pay for postsecondary education. Such programs and materials are 

required to address budgeting and financial management relating 

to student loans, and be made available to students and families 

in a form and language that is understandable, before, during, and 

after the students’ enrollment. The section also provides that nothing in the section shall be construed to prohibit a guaranty agency 

from using existing activities, programs, and materials in meeting 

the requirements of the section. 

Sec. 429. Definition of eligible lender 

Amends section 435(d)(1)(A)(ii) to include as an eligible lender a 

National or State charted bank with assets of less than 

$1,000,000,000 and which has as its primary consumer credit function the making or holding of loans made to students under Part 

B of title IV. 

Sec. 430. Cohort default rates 

Amends section 435(m) to lengthen the period of time used in 

calculating cohort default rates by an additional year and provides 

that any loan which has been rehabilitated before the end of the 

time period used in calculating cohort default rates shall not be 

considered as in default for purposes of this subsection. The section 

further requires the Secretary to collect and report cohort default 

rates and life of cohort default rates for each category of institution, including four-year public institutions, four-year private institutions, two-year public institutions, two-year private institutions, 

four-year proprietary institutions, two-year proprietary institutions, 

and less than two-year proprietary institutions. Further, the section defines life of cohort default rate, for any fiscal year in which 

one or more current and former students at an institution enter repayment on loans received for attendance at the institution, the 

percentage of those current and former students who enter repayment on such loans (or on the portion of a consolidation loan that 

is used to repay any such loan) received for attendance at the institution in that fiscal year who default before the end of each succeeding fiscal year. 

Sec. 431. Disability determinations 

Amends section 437(a) by adding that for purposes of repayment 

by the Secretary of loans of disabled borrowers, a borrower who receives a permanent total disability rating from the Secretary of 

Veterans Affairs, and who provides documentation of such rating 

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 purpose of this subsection. 

PART C—COLLEGE WORK/STUDY

Sec. 441. Reauthorization 

Section 441 increases the authorization level for the College 

Work Study program and extends the authorization of the program. This section also allows funds under work study to be used 


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for activities that respond to the needs of a community during natural disasters. 

Sec. 442. Additional funds for off-campus community service 

Section 442 provides authority to the Secretary to award grants 

to institutions of higher education to supplement off-campus community service employment. Under this section, priority is given to 

applications that support activities related to early childhood education and in preparation for and during emergencies and natural 

disasters. 

Sec. 443. Work Colleges 

Section 443 emphasizes the importance of service in work-colleges. It amends the work-colleges section throughout to change 

comprehensive work-learning programs to comprehensive worklearning-service programs. Comprehensive work-learning-service 

programs are defined as student work-learning-service programs 

that, among other requirements, are an integral and stated part of 

the institution’s educational philosophy and program; require participation of all resident students for enrollment and graduation; 

include learning objectives, evaluation, and a record of work performance as part of the student’s college record; and includes consequences for non-performance or failure in the work-learning-service program similar to the consequences for failure in the regular 

academic program. 

This section also adds to authorized activities under this section 

the support of existing and new model student volunteer community service projects associated with local institutions of higher 

education. It also limits the definition of work-colleges to four-year, 

degree-granting institutions. Such schools must require all resident 

students, including at least one half of resident students who are 

enrolled on a full-time basis, to participate in a comprehensive 

work-learning-service program for not less than five hours each 

week, or not less than eighty hours during each period of enrollment except summer school. 

PART D—FEDERAL DIRECT STUDENT LOANS

Sec. 451. Reauthorization 

Section 451 amends section 458(a) to extend the authorization of 

the program to 2013. 

Sec. 452. Public service job definition 

Section 452 amends 455(m) by further clarifying the jobs to be 

considered under the definition of public service. 

Sec. 453. Identity fraud protection 

Section 453 amends section 455 by adding a new subsection that 

requires the Secretary to ensure that monthly direct loan statements, do not contain the four digits of the social security number 

of an individual. 

Sec. 454. Direct loan program audit and reporting requirements 

Section 454 requires the Secretary to perform an audit of the 

William D. Ford Direct Loan Program. 


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PART E—PERKINS LOANS

Sec. 461. Extension of authority 

Section 461 authorizes $350 million for fiscal year 2009 and the 

succeeding four fiscal years. 

Sec. 462. Allowance for books and supplies 

Section 462 increases the allowance for books and supplies from 

$450 to $600. 

Sec. 463. Agreements with institutions 

Section 463 amends provisions concerning the collection of Perkins loans to include an option for the collection by the Secretary. 

This section also includes a limitation on the Secretary to require 

the assignment of loans to the Secretary. 

Sec. 464. Perkins loan terms and conditions 

Section 464 increases the loan amount a student may receive 

under Perkins. Additionally, this section amends the provisions 

with respect to forbearance of a Perkins loan. 

Sec. 465. Cancellation for public service 

Section 465 adds to the list of those service occupations eligible 

for Perkins loan cancellation the following: (1) full-time staff members in a pre-kindergarten or child care program that is licensed 

or regulated by the state (in addition to Head Start), (2) a full-time 

firefighter, (3) full-time faculty members at Tribal Colleges and 

Universities, (4) librarians with a master’s degree in library science 

who are employed in an elementary or secondary school that is eligible for assistance under title I of Elementary and Secondary Education Act or in a public school library that serves a geographic 

area that contains one or more title I eligible schools, and (5) fulltime speech language therapists with a master’s degree working 

exclusively with schools that are eligible for assistance under title 

I of the Elementary and Secondary Education Assistance Act. 

This section also makes a technical change with regard to service 

for full-time teachers. 

PART F—NEED ANALYSIS

Sec. 471. Cost of attendance 

Amends section 472 to state that the room and board allowance 

for students who live in housing located on a military base or for 

which basic allowance is provided for under section 403(b) of title 

37 of United States Code shall only be based on the expenses incurred by such students for board, and shall not include the expenses incurred by such students for room. 

Sec. 472. Discretion to make adjustments for nursing home expenses 

Amends section 479A to include nursing home expenses as one 

of the items taken into consideration by financial aid administrators as a special circumstance when making adjustments, on a 

case-by-case basis, to the financial aid award for individual students. 


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Sec. 473. Definitions 

Amends section 480 to define total income for dislocated workers 

as the estimated adjusted gross income plus estimated untaxed income minus the estimated excludable income for the current tax 

year. Further amends section 480(b) to exclude from the definition 

of untaxed income the value of on-base military housing or the 

basic allowance for housing determined under section 403(b) of title 

37 of the United States Code received by the parent in the case of 

a dependent student or by the student or student’s spouse in the 

case of an independent student. Amends section 480(j) to state that 

for the purposes of determining the estimated financial assistance 

received from non-title IV sources, for the first year that a student 

receives veterans’ education benefits under chapter 30 of title 38, 

such benefits shall be calculated by subtracting from the total veterans’ benefit received the amount that such student’s basic pay 

was reduced in order to receive such veterans’ benefits. This section will be effective on July 1, 2009. 

PART G—GENERAL PROVISIONS

Sec. 481. Compliance calendar 

Amends section 482 by adding a new subsection to direct the Secretary to provide institutions of higher education a list of all reports and disclosures required under this Act prior to the beginning 

of each award year. Such a list shall include: the date each report 

is due, the required recipients, the method of transmission, a description of the contents of the report, references to the statutory 

authority, regulations, and current guidance, and any other information as the Secretary may require. 

Sec. 482. Improvements to paper and electronic forms and processes 

Amends section 483 to establish common financial aid forms and 

processing that are developed in cooperation with representatives 

of agencies and organizations involved in student financial assistance. These forms shall be produced, distributed and processed free 

of charge and made available to applicants in both paper and electronic formats and referred to as the ‘‘Free Application for Federal 

Student Aid’’ or ‘‘FAFSA’’. The Secretary shall permit an applicant 

to complete a FAFSA form in the years prior to postsecondary enrollment to obtain from the Secretary a non-binding estimate of the 

applicant’s expected family contribution. The Secretary shall also 

develop, field test, and implement a simplified paper application 

form, to be known as the ‘‘EZ FAFSA ’’ to be used by families who 

have a zero expected family contribution or who are eligible for the 

simplified needs test. The Secretary shall include on the EZ FAFSA 

any data that is required by states, provided the state permits its 

applicants to use the EZ FAFSA for state assistance, and publish 

annually in the Federal Register a request for states to inform the 

Secretary of questions they need on the FAFSA to gather information relevant to state programs. All information on the FAFSA 

shall be available to institutions of higher education, guaranty 

agencies, and states. 

The Secretary is encouraged to significantly reduce the number 

of data elements required to be entered by all applicants, with the 

goal of reducing such number by 50 percent. Further, the Secretary 


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shall permit an electronic form to be submitted without a signature 

if a signature is subsequently submitted or if the applicant uses a 

personal identification number (PIN) provided by the Secretary. 

The Secretary shall implement a realtime data match between the 

Social Security Administration and the Department to minimize 

the time required for an applicant to obtain a PIN. The Secretary 

shall also develop a streamlined reapplication form and process, including both paper and electronic versions for an applicant who applies for financial assistance in succeeding academic years. In the 

reapplication process, families determined to have a zero family 

contribution shall not be required to provide any financial data. 

Further amends the section to authorize an early application and 

award demonstration program, in order to determine the feasibility 

of implementing a comprehensive early financial aid application 

and notification system for all dependent students and to measure 

the benefits and costs of such a system. This demonstration program shall enable dependent students who wish to participate to 

complete an application under this subsection during the academic 

year that is two years prior to the year such students plan to enroll 

in an institution of higher education, and based on this application, 

to obtain an estimate of the students’ financial aid award and update and receive final financial aid award information in the year 

prior to such students’ planned year of enrollment. The Secretary 

of Education shall conduct a rigorous evaluation of this demonstration program to measure the program’s benefits and adverse effects. Such an evaluation shall include, among other factors, an 

identification of the feasibility of enabling dependent students to 

apply for federal, state, and institutional financial aid in their junior year of high school by completing the forms identified in this 

section; whether receiving financial aid awards or 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 

educational aspirations of the student; the extent to which using a 

student’s income information from years prior to the student’s 

planned enrollment date had an impact on the ability of states and 

institutions to make financial aid awards and commitments; and 

identify the benefits and adverse effects of providing early awards 

or estimates on program costs, program operations, program integrity, award amounts, distribution, and delivery of aid. 

Amends section 482(a) to include the publication of state requirements in the master calendar. Requires the Secretary to, not later 

than one year after the date of enactment, develop a model institution financial aid offer form that presents in a consumer-friendly 

manner the student’s cost of attendance, the amount of financial 

aid that the student does not have to repay (for example, scholarships and grants) and the terms under which such aid is renewable, the amount of work-study assistance the student is eligible to 

receive, the amount and terms of student loans that the student 

and their parents are eligible for, the difference between the cost 

of attendance at the institution of higher education and the financial aid offered, and where a student or a student’s parent may 

seek additional information regarding financial assistance. The 

Secretary shall develop this form in consultation with representatives of key constituencies, including students, parents, financial 

aid administrators, and consumer groups. 


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Sec. 483. Increasing access to technology 

Amends section 483 to direct the Secretary to use any savings 

from moving more applicants from submitting paper forms to electronic forms to increase access to such electronic forms for students 

who meet the eligibility of the ‘‘auto-zero’’ or ‘‘simplified needs test’’ 

requirements (section 479(b) or (c)). 

Sec. 484. Sense of the Congress; Report 

States that it is the sense of the Congress that the Secretary of 

Education and the Secretary of the Treasury should work together 

to develop a process by which the Department of Education will, 

with the aid applicant’s permission, draw income information directly from the Internal Revenue Service for the purpose of completing the FAFSA form (including the EZ FAFSA and FAFSA renewal applications) in order to simplify the FAFSA, ease the burden of application on students and families, increase the efficiency 

and accuracy of financial aid applications, reduce the need for further verification of aid applications, and protect the security, privacy and safety of all data. Further, directs the Secretary of Education to report to Congress within one year of the date of enactment of the College Opportunity and Access Act the progress of devising the process described in the sense of the Congress and inform the Congress of any necessary statutory changes to increase 

the efficiency and effectiveness of the FAFSA. 

Sec. 485. Student eligibility 

Amends section 484(a) and section 484(j) to ensure that students 

attending institutions of higher education who are citizens of the 

Republic of Palau are eligible to receive financial assistance under 

this Act. 

Amends section 484(l) to specify that students enrolled in programs that lead to a recognized certificate, or associate, baccalaureate, or graduate degrees, that are offered principally through 

distance education shall not be considered to be enrolled in correspondence courses. 

Amends section 484(r) to allow students convicted of a drug offense to be eligible to receive federal financial aid if the student 

successfully passes two unannounced drug tests conducted by an 

approved drug rehabilitation program. Further amends section 

484(r) to ensure that institutions of higher education provide a separate, clear, and conspicuous written notice to students upon enrollment that advises them of the penalties under this subsection. 

Inserts section 484(s) to allow students with intellectual disabilities to be eligible to receive financial assistance under this Act, 

even if they are enrolled in non-degree programs. To qualify for 

grants or work assistance under section 401, subpart 3 of part A, 

or part C of this title, such student shall be an individual with an 

intellectual disability whose significant cognitive impairment substantially impacts the individual’s intellectual and cognitive functioning. The student must be enrolled or accepted for enrollment in 

a comprehensive transition and postsecondary education program 

that is designed for such students to continue academic, vocational, 

and independent living instruction at the institution in order to 

prepare for gainful employment and independent living, among 

other requirements. 


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Inserts section 484(t) ‘Data analysis on access to federal student 

aid for certain populations,’ to require the Secretary to analyze, 

and report to Congress, data from the FAFSA with respect to information on the number, characteristics, and circumstances of students denied federal student aid based on drug convictions while 

receiving federal student aid. 

Sec. 486. Assessment of costs and other charges 

Amends section 484A(b) to determine that institutions of higher 

education shall not be subject to a claim of infancy defense raised 

by a borrower for the purposes of the Perkins loan program. 

Sec. 487. Readmission requirements for servicemembers 

Amends section 484B(a)(2) by adding a new subparagraph that 

requires institutions of higher education to submit to the Secretary 

a statement justifying any policy that the institution may have 

that requires a student who is a member of the Armed Forces, including members of the National Guard or other reserve component, who is on active duty, or is called or ordered to active duty 

and whose attendance at as such institution is interrupted by such 

active duty to apply for readmission to such institution after the 

conclusion of such active duty. 

Sec. 488. Institutional and financial assistance information for students 

Amends section 485(a)(1) by inserting a new subparagraph to require institutions of higher education to disclose institutional policies and sanctions regarding copyright infringement, including a 

disclosure that informs students that unauthorized distribution of 

copyrighted material may subject students to civil and criminal liabilities, includes a summary of the penalties for violating federal 

copyright laws, a description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, and a description of 

the actions that the institution takes to prevent and detect unauthorized distribution of copyrighted material. 

Amends section 485(f) to state that only institutions of higher 

education in the United States need to report on crime statistics. 

Further amends the specific criminal offenses to be reported in 

order to make institutional reporting to the Department of Education consistent with reporting required by the Federal Bureau of 

Investigations. The section is further amended to direct the Secretary to annually report to the authorizing Congressional committees, institutional compliance with this subsection and provides 

that the Secretary may seek the advice and counsel of the Attorney 

General in developing and disseminating best practices information 

about campus safety and emergencies. Specifically prohibits retaliation against any individual by an institution of higher education 

or officer, employee, or agent of the institution for the purposes of 

interfering with the implementation of any provision under this 

subsection because the individual testified or otherwise participated in an investigation, proceeding or hearing. 

Inserts a new subsection to 485 that requires each institution of 

higher education that participates in programs under title IV to 

publicly disclose the institution’s transfer of credit policy that includes any criteria the institution uses regarding the transfer of 


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credit earned at another institution of higher education and a list 

of institutions with which the institution has established an articulation agreement. Provides that nothing in this subsection is intended to authorize the Secretary of Education or the National Advisory Committee on Institutional Quality and Integrity to require 

particular policies or practices by institutions of higher education, 

authorize an officer or employee of the Department of Education to 

exercise direction or control over an institution’s curriculum, program of instruction, or administration or over any accrediting body, 

limit the application of the General Education Provisions Act, nor 

create a legally enforceable right for a student to require an institution of higher education to accept a transfer of credit from another institution. 

Further amends section 485 to insert a new subsection that requires institutions of higher education to publish annually a fire 

safety report on on-campus student housing with respect to campus 

fire and safety practices, including statistics concerning the number 

and cause of fires in each on-campus student housing facility, as 

well as the injuries related to such fires that result in medical 

treatment, the number of deaths related to a fire, and the value of 

property damage caused by a fire; a description of each on-campus 

student housing facility fire safety system; the number of regular 

mandatory supervised fire drills; policies or rules on procedures for 

evacuation, fire safety education and training programs, among 

other policies; and plans for future improvements in fire safety. 

The Secretary shall make these statistics available to the public. 

The Secretary shall also, in coordination with nationally recognized 

fire organizations and representatives of institutions of higher education, associations of institutions of higher education, and other 

relevant organizations, identify exemplary fire safety policies, procedures, programs, and practices, and make information concerning 

those policies, procedures, programs and practices that have been 

effective available to the public. Each institution of higher education to maintain a log regarding all fires in on-campus student 

housing facilities, and make annual reports to the campus community on such fires. 

Inserts a new subsection that requires institutions of higher education to include on the form required for registration or enrollment an item in which the student can identify an individual they 

wish the institution to contact if the student is reported missing. 

Further, institutions are required to establish protocols for missing 

students that any missing person report related to a student be referred to the institution’s police or campus security department and 

that if the student has been missing for more than twenty-four 

hours, the institution shall contact the individual identified by the 

student or the parent of the student if the student is under eighteen years of age. 

Sec. 489. Articulation agreements 

Inserts a new section 486A to direct the Secretary to carry out 

a program for states, in cooperation with public institutions of 

higher education, to develop, enhance, and implement comprehensive articulation agreements at institutions within a state and, to 

the extent practicable, across state lines by 2010. Such articulation 

agreements should be made widely and publicly available on 


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websites and application materials. States and institutions may 

employ effective strategies when developing such articulation 

agreements, including common course numbering, adoption of a 

general education core curriculum, and developing and enhancing 

articulation agreements that include both public and private institutions of higher education. The Secretary is directed to provide 

technical assistance to states and institutions in carrying out this 

section. This section is to encourage and strengthen articulation 

agreements between institutions, particularly between institutions 

contained in a state system, and nothing in this section is intended 

to limit the academic freedom of any institution of higher education. 

The section further requires that the Secretary conduct a study 

to review the articulation agreements at state-based college and 

university systems (including junior and community colleges), as 

well as those at other institutions of higher education. The Secretary shall consider the extent to which states and institutions 

have implemented such agreements, the best practices and innovative strategies employed to implement such agreements, and the 

barriers to implementation. Further, the study shall identify the 

number and type of institutions participating in articulation agreements, the cost savings to the institutions and to the students, 

what particular strategies are being employed, the effective use of 

technologies to contain cost, maintain quality of instruction, and inform students, and, to the extent practicable, a description of the 

students to whom the articulation agreements are offered and who 

take advantage of the agreements. The Secretary shall submit the 

study’s interim findings not later than two years after the date of 

enactment of the College Opportunity and Affordability Act of 

2007, and final findings not later than January 1, 2013. 

The section defines the term ‘‘articulation agreement’’ as an 

agreement between two or more institutions of higher education 

that specifies the acceptability of courses in transfer toward meeting specific degree requirements. 

Sec. 490. Program participation agreements 

Amends section 487(a) by inserting a new subparagraph (D) in 

paragraph (23) to clarify that an institution is permitted to provide 

voter registration material electronically via the form itself or with 

information and a link to the forms accepted in the institution’s 

state. 

Adds an additional subparagraph (24) that requires institutions 

that have entered into preferred lender arrangements to compile, 

maintain, and make available for students attending the institution and the parents of such students a list of the lenders for educational loans that institutions recommend, promote, or endorse in 

accordance with its preferred lender arrangement. Requires the institution to clearly and fully disclose on such list (1) the information required under section 153, (2) why the institution has entered 

into a preferred lender arrangement with each listed lender and, 

(3) that students attending the institution, or the parents of such 

students, do not have to borrow from a listed lender. The subparagraph also requires that such lists contain no fewer than three unaffiliated lenders of loans made under part B and not less than two 

unaffiliated lenders of private educational loans. Further, instituVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00335 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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tions must disclose the method and criteria used in selecting lenders and ensure that such lenders are selected on the basis of the 

benefits provided to borrows and exercise a duty of care and a duty 

of loyalty to the students attending the institution in compiling the 

list and not deny or otherwise impede borrowers’ choice of a lender 

or cause unnecessary delays in loan certification for those borrowers who choose a lender that has not been recommended, promoted, or endorsed by the institution. The subparagraph also provides that the Secretary shall maintain and update a list of lender 

affiliates for institutions’ use. 

Further amends the section by adding a subparagraph (25) that 

requires institutions of higher education to annually report to the 

Secretary data on the number and percentage of students taking 

classes through distance education, both in whole and in part, the 

number and percentage of courses that are offered by the institution that are offered through distance education. Inserts a subparagraph (26) to require institutions, within one year of the date of enactment of this Act, to disclose to an alleged victim of any crime 

of violence or non-forcible sex offense, the final results of any disciplinary proceeding. If the victim is deceased, that information is 

required to be disclosed to the victim’s next of kin. 

Amends section 487 by inserting a new subparagraph (27) requiring that a proprietary institution of higher education have not less 

than 10 percent of its revenues from sources other than funds provided under title IV. Further provides for a new subsection (f) to 

implement the non-title IV revenue requirement. Outlines how the 

10 percent established in section 487(a)(27) must be calculated. 

States that an institution that fails to meet the requirement in section 487(a)(24) for two consecutive years will become ineligible to 

participate in the title IV programs for at least the three fiscal 

years following the fiscal year the institution becomes ineligible. 

Also outlines sanctions the Secretary shall impose on an institution 

that fails to meet the requirement in any given year. Requires the 

Secretary to identify on the College Navigator website any institution that fails to meet the requirements of section 487(a)(27) in any 

year. Also requires the Secretary to annually provide to the authorizing committees a report that contains, for each institution subject 

to the requirement of subsection (a)(27), the result of the calculation of revenue performed by each such institution pursuant to subsection (a)(27). 

Inserts a new subparagraph (28) to require institutions to establish a policy, which may include a forensic scrub, on the disposal 

or disposition of all technology assets which may have personal 

data of such institution’s students. 

Amends section 487(c) to permit the Secretary to modify the 

audit requirements for foreign schools, and to waive the requirements for foreign institutions with loan volumes under $500,000. 

Further amends the section to provide that any institution that undergoes an audit under clause (i) and more than 5 percent of such 

institution’s students receive financial assistance under section 

484(d) must also undergo an additional review to ensure compliance with regulations prescribed by the Secretary under 484(d). 


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Sec. 491. Regulatory relief and improvement 

Amends section 487A(b) to maintain the quality assurance programs and the experimental sites. The Secretary has the authority 

to establish additional experimental sites in addition to maintaining the existing sites if the institution wishes to continue participation. This section requires the Secretary to review and submit a biennial report to the authorizing Congressional committees on the 

experience of institutions participating as experimental sites. 

Sec. 492. Advisory Committee on Student Financial Assistance 

Amends section 491 to include in the purpose of the Advisory 

Committee on Student Financial Assistance to provide knowledge 

and understanding of early intervention programs and early awareness of eligibility for financial assistance, and to make recommendations that will expand and improve partnerships among 

the federal government, states, institutions, and other entities to 

increase awareness of need-based student assistance. Further 

amends the section include a new function of the committee to 

monitor the adequacy of total need-based aid available to low- and 

moderate-income students. Extends the authorization for the Committee until 2011. 

Sec. 493. Negotiated rulemaking 

Amends section 492 to state that individuals who are eligible to 

participate in negotiated rulemaking must also have recognized legitimacy as designated representatives of major stakeholders, sectors, and constituencies in the higher education community. 

Sec. 494. Technical amendment 

Amends section 493C(b)(1) to clarify that borrowers currently in 

default are not eligible to elect the Income Based Repayment plan. 

Sec. 495. Campus-based digital theft prevention 

Section 494 authorizes the Secretary to make grants to institutions of higher education or consortia, and other organizations, to 

develop, implement, operate, improve and disseminate programs 

aimed at reducing and eliminating illegal downloading and distribution of intellectual property. 

This section also establishes an application process and authorizes the program at such sums as may be necessary for fiscal year 

2009 and each of the four succeeding fiscal years. 

PART H—PROGRAM INTEGRITY

Sec. 496. Recognition of accrediting agency or association 

Section 496 expands the criteria required for an accrediting agency to be determined reliable by the Secretary for those agencies or 

associations seeking to evaluate institutions or programs offering 

distance education, and changes the factors that an accrediting 

agency must consider in accrediting institutions of higher education 

offering distance education. 

Under this section the agency or association must also demonstrate to the Secretary that it will apply review procedures 

throughout the accrediting process that comply with due process 

procedures. The agency must make available to the public and the 


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state licensing or authorizing agency, and must submit to the Secretary, a summary of agency or association actions, including the 

accreditation or re-accreditation of an institution, including any 

final denial, withdrawal, suspension or termination of accreditation, or placement on probation of an institution, and any findings 

made in connection with those actions, together with the official 

comments of the affected institution. 

Under this section agencies must also require institutions of 

higher education to submit a teach-out plan for approval to the 

agency when any of the following occur: the Department notifies 

the accrediting agency of an action against the institution pursuant 

to section 487(d); the accrediting agency acts to withdraw, terminate, or suspend the accreditation of an institution; or the institution notifies the accrediting agency that the institution intends to 

cease operations. 

This section also requires that an agency or association must 

confirm as part of its accreditation process that an institution publicly discloses its transfer of credit policies, and whether the institution denies transfer of credit based solely on the accreditation of 

the sending institution. 

Nothing in this section shall be construed to permit the Secretary 

to establish criteria that specify, define or prescribe the standards 

that accrediting agencies or associations shall use to assess an institution’s success with respect to student achievement. 

Sec. 497. Accreditation Ombudsman 

Section 497 creates an ombudsman for accreditation whose function is to provide timely assistance to institutions of higher education, accrediting agencies and associations, and other participants in the accreditation process with grievances related to the accreditation process. 

Sec. 498. Program review and data 

Section 498 requires the Secretary to provide an institution with 

an adequate opportunity to review and respond to any program review report, and any relevant materials related to the report, before a final program review report is issued. 

The Secretary will review and consider an institution’s response 

in any final program review determination. The Secretary, at all 

times, will maintain and preserve the confidentiality of any program review report or determination until the requirements of 

paragraphs (6) and (7) are met, and until a final program review 

determination is issued, other than to the extent required to comply with paragraph (5), except that the Secretary will promptly disclose any and all program review reports to the institution of higher education under review. 

Sec. 499. Competitive loan auction pilot program evaluation 

Section 499 requires the Secretary and Secretary of the Treasury 

to 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. Specifies that the evaluation shall determine the extent of the savings to the federal government that are 

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eral government would have incurred in operating the parent loan 

program under section 428B of the Higher Education Act of 1965 

in the absence of the pilot program; the number of lenders that 

participated in the pilot program, and the extent to which the pilot 

program generated competition among lenders to participate in the 

auctions under the pilot program; the number and volume of loans 

made under the pilot in each state; the effect of the transition to 

and operation of the pilot program on the ability of lenders participating in the pilot to originate loans made through the pilot 

smoothly and efficiently, the ability of institutions of higher education participating in the pilot program to disburse loans made 

through the program smoothly and efficiently, and the ability of 

parents to obtain loans made through the pilot program in a timely 

and efficient manner; the differential impact, if any, of the auction 

among the states, including between rural and non-rural states; 

and the feasibility of using the mechanism piloted to operate the 

other programs under part B of title IV of the Higher Education 

Act; and, the feasibility of using other market mechanisms to operate the loan programs under part B of title IV of the Higher Education Act, including the sale of securities backed by federallyowned student loan assets originated by banks acting as agents of 

the federal government. The Secretary and the Secretary of the 

Treasury are required to submit to the authorizing committees a 

preliminary report by September 1, 2010, an interim report by September 1, 2012, and a final report by September 1, 2013. 

TITLE V—TITLE V AMENDMENTS

Sec. 501. Postbaccalaureate opportunities for Hispanic Americans 

Amends title V by inserting a new part B, which authorizes the 

‘‘Promoting Postbaccalaureate Opportunities for Hispanic Americans’’ program. Section 511 outlines the purposes of the program. 

Section 512 authorizes the Secretary to award competitive grants 

to Hispanic-serving institutions determined by the Secretary to be 

making substantive contributions to graduate educational opportunities for Hispanic students. Defines the term ‘‘Eligible Institution.’’ 

Section 513 lists the activities grantees are authorized to undertake. Section 514 outlines how applications are to be submitted, establishes a duration of five years for grants awarded, and limits to 

one the number of grants any single institution can receive under 

this part in one fiscal year. 

TITLE VI—TITLE VI AMENDMENTS

Sec. 601. International and foreign language studies 

Amends section 601 with regard to the findings and purposes of 

this Act. 

Amends section 602(a) by authorizing the Secretary to award 

grants to support instructors of the less commonly taught languages; authorizing the dissemination of materials developed by 

centers and programs to local educational agencies, public and private elementary and secondary schools, and institutions of higher 

education; authorizing projects that support in students an understanding of science and technology in coordination with foreign language proficiency; and encouraging partnerships between two- and 


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four-year institutions of higher education, colleges of education, 

and federal and state departments and agencies. 

Amends section 602(b) by inserting ‘‘Undergraduate’’ in the subsection heading for this program. Additional amendments to include among eligible students those engaged in an instructional 

program with stated performance goals. 

Amends section 603(c) regarding Language Resource Centers. 

Amends section 604 by authorizing additional uses of funds for 

sending undergraduate students on educational programs abroad to 

enhance their foreign language proficiency and cultural knowledge; 

requiring grantees to submit program evaluations; and removing 

the 10 percent funding cap for this section. 

Amends section 605(a) by modifying authorized activities to encourage the Department of Education to engage in data collection, 

analysis, and dissemination of international education and foreign 

language needs and outputs. 

Amends section 606 by permitting museums to apply for grants 

under this section; by authorizing funds to be used for the acquisition of printed material from abroad for the purposes of this section, the development of standards for electronic access, the means 

for access of international data, the establishment of linkages with 

institutions abroad that facilitate access to foreign information, and 

to provide the Department of Education with the flexibility to establish new activities that are useful for carrying out the purposes 

of this section, with the idea that future technological changes may 

enhance the activities which could be conducted under this section; 

and allows the Secretary of Education to waive or reduce the nonfederal share for institutions that are eligible to receive assistance 

under part A or B of title III or under title V and have demonstrated a need for a waiver in the grant application. 

Amends section 607(b) by requiring the Secretary to take into account the degree to which grant applicants address national interests and generate and disseminate information from diverse perspectives with regard to international issues. 

Amends section 608(a) with regard to equitable distribution. 

Amends section 610 with regard to the authorization of appropriations, to authorize such sums as may be necessary for fiscal 

year 2009 and the four succeeding fiscal years. 

Sec. 602. Business and international education programs 

Section 602 amends section 612, the Centers for International 

Business Education to authorize the Secretary to award grants to 

institutions of higher education to operate international centers for 

business education that will work with foreign countries to encourage the advancement and understanding of technological management and manufacturing software systems. This section additionally allows the Secretary to waive or reduce the required non-federal share for institutions of higher education. Finally, this section 

authorizes the program at such sums as may be necessary for fiscal 

year 2009 and each of the four succeeding fiscal years. 

Sec. 603. Institute for International Public Policy 

Section 603 amends section 621 by clarifying that the Institute 

for International Public Policy shall include all underrepresented 

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national service; by modifying the heading of section 621 to read 

‘‘Program for Foreign Service Professionals’’; and, by clarifying that 

eligible recipients include all MBIs and institutions that serve substantial numbers of underrepresented students. 

Amends section 622 by encouraging collaboration among colleges 

and universities receiving funds under this title. 

Amends section 623(a) to include Alaska Native-serving, Native 

Hawaiian-serving, and Hispanic-serving institutions in the study 

abroad program. 

Amends section 624 by modifying the heading of section 624 to 

read ‘‘Advanced Degree in International Relations;’’ and by authorizing the Institute for International Public Policy’s consortia of institutions to provide advanced degree programs in a variety of academic areas. 

Amends section 625 to include Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions in the internships program; by repealing the Interagency Committee on Minority Careers in International Affairs; and by stating that students 

who participate in Internship programs under subsections (a) and 

(b) will be called ‘‘Ralph J. Bunche Fellows.’’ 

Amends section 626 by requiring the Secretary to submit a biennial report. 

Amends section 628 with regard to the authorization of appropriations for this part. 

Sec. 604. Preparing for early foreign language instruction 

Section 604 creates a new program through section 631. Section 

631 includes definitions related to this new program as well as 

specifies the purpose of this new program which is to improve the 

performance of students in the study of foreign languages through 

partnerships with states and institutions of higher education and 

elementary and secondary schools. This section specifies the duration of the grant as well as the federal and non-federal share that 

is required of grantees. This section also establishes a priority to 

eligible partnerships that include high-need local educational agencies or those that emphasize the teaching of commonly taught and 

critical foreign languages. Additionally, this section outlines an application process and the authorized activities required under this 

program. Finally, this section mandates that each grantee develop 

an evaluation and accountability plan as well as submit an annual 

report. This program is authorized at such sums for fiscal year 

2009 and such sums as may be necessary for each of the four succeeding fiscal years. 

Sec. 605. Evaluation, outreach, and dissemination 

Section 605 creates a new section 642 of title VI to authorize the 

Secretary to use not more than 1 percent of the funds made available for this title for program evaluation, national outreach, and information dissemination activities. 

Sec. 606. Student safety 

Section 606 creates a new section 643 of title VI to specify that 

applicants seeking funds under this title to support student travel 

abroad shall submit a description of safety policies and procedures 

for students participating in the program. 


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Sec. 607. Science and technology advanced foreign language education grant program 

Section 607 creates a new program in section 644. 

The section specifies the purpose of the program to encourage 

students to develop an understanding of science and technology, 

and foreign language proficiency, as well as foster future international scientific collaboration. 

This section allows the Secretary to promulgate regulations for 

the awarding of grants and specifies the grant distribution. This 

program is authorized at such sums for fiscal year 2009 and such 

sums as may be necessary for each subsequent fiscal year. 

Sec. 608. Reporting by institutions 

Section 608 creates a new section 645 to require reporting of gifts 

received by institutions of higher education under this title. This 

section also includes exemptions from reporting as well as consequences for failure to report. 

Sec. 609. Federal foreign language education marketing campaign 

Section 609 requires the Secretary to establish a marketing campaign aimed at encouraging students to study foreign languages. 

TITLE VII—TITLE VII AMENDMENTS

Sec. 701. Javits fellowship program 

Amends section 701(a) by adding language after the second sentence clarifying that a master’s degree in fine arts shall be considered a terminal degree for the purposes of this program. Amends 

section 701(c) by allowing institutions of higher education to grant 

fellowship recipients an interruption of study due to active duty 

military service or a personal or family member illness. 

Amends section 702(a)(1) with regard to the allocation of fellowships within the Jacob K. Javits program and by requiring the Secretary to ensure that one member of the fellowship board will be 

from a minority-serving institution. 

Amends section 703 with regard to stipends and by providing for 

institutional allowances. 

Amends section 705 with regard to the authorization of appropriations. 

Sec. 702. Graduate assistance in areas of national need 

Amends section 712 pertaining to the designation of areas of national need and instructs the Secretary to take into consideration 

the extent to which interest in the area is compelling and other 

federal programs support study in the area, an assessment of how 

the program may achieve the most significant impact and current 

and future workforce needs, and the priority in subsection (c). Further amends section 712 by inserting subsection (c), which requires 

the Secretary to establish a priority for grants to prepare faculty 

to train highly qualified elementary and secondary school teachers 

of math, science and special education, and teachers who will provide instruction for limited English proficient individuals. 

Amends section 713(b) to require grantees that are departments, 

programs, or units involved in teacher preparation to provide assurances that the grantee collaborates with other departments 


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within the institution to ensure a successful combination of training in both teaching and content. 

Amends section 714 with regard to stipends and to make technical amendments. 

Amends section 715(a)(1) to specify that the Consumer Price 

Index to be used is the Consumer Price Index for All Urban Consumers. 

Amends section 716 with regard to the authorization of appropriations. 

Sec. 703. Thurgood Marshall legal educational opportunity program 

Amends section 721 to expand those eligible for the Thurgood 

Marshall legal educational opportunity program to include middle 

and high school students as well as college students and expands 

uses to include admission to law practice. Further amends the section to allow funds to be used to assist students in developing analytical skills and study methods to enhance success in and promote 

completion of law school. Additionally authorizes the Secretary to 

use grant funds for Thurgood Marshall Fellowships for eligible law 

school students who participate in summer institutes for Thurgood 

Marshall Fellows or comparable summer institutes certified by the 

Council on Legal Educational Opportunity. 

Amends section 731 by repealing subsection (e). 

Sec. 704. Patsy T. Mink Fellowship program 

Amends part A of title VII to add a new subpart. This subpart 

authorizes the Secretary to award grants to eligible institutions of 

higher education to enable such institutions to make fellowship 

awards to assist highly qualified minorities and women to acquire 

the highest degree available in academic areas where such individuals are underrepresented in the professoriate. The Secretary shall 

consider the representation of women and minority faculty members, the current and projected need for faculty and the need to 

prepare professors in areas of national need such as mathematics 

and science. In awarding grants, each institution shall award no 

less than fifteen fellowships. Fellows shall sign an agreement to 

enter a contract to teach at an institution of higher education not 

later than three years after receiving the doctoral degree or highest 

possible degree available. Individuals who do not enter the professoriate shall repay the fellowship. 

Sec. 705. Fund for the improvement of postsecondary education 

Amends section 741 to authorize the Secretary to consider applications for grants that recognize the needs of non-traditional student populations; programs that offer academic credit; focus on 

technology to deliver distance education; introduce reforms that encourage students to enter and reenter postsecondary institutions 

and pursue postsecondary study tied to individual needs; assess, in 

partnership with a public or private nonprofit institution or agency, 

the performance of teacher preparation programs within institutions of higher education in a state; efforts to establish pilot programs and initiatives to help college campuses to reduce illegal 

downloading of copyrighted content; programs to increase fire safety in student housing; assess, in partnership with a consortium of 

higher education organizations, the feasibility and potential design 


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of an inter-institution monitoring organization on gender and racial 

equality in campus faculty and administration; assist partnerships 

between institutions of higher education and secondary schools to 

establish programs that result in increased secondary school graduation and postsecondary school enrollment of late-entering limited 

English proficient students; demonstration projects to provide comprehensive support services to ensure that homeless students and 

students who were in foster care until the age of eighteen enroll 

and succeed in postsecondary education; efforts to work with section 501(c)(3) organizations and institutions of higher education 

that seek to promote cultural diversity in the entertainment industry; and the creation of consortia that join diverse institutions of 

higher education to design and offer programs that focus on poverty and human capability. 

Further amends section 741 to insert a new subsection (c) to authorize the Secretary to contract with a nonprofit organization to 

provide postsecondary education scholarships for students with a 

parent, for dependent students, or a spouse, for independent students, serving on active or National Guard duty during a war or 

other military operation or national emergency or a veteran who 

died as a result of service since September 11, 2001. The maximum 

scholarship is the difference between the student’s cost of attendance and non-loan based aid or $5,000, whichever is less. 

Further amends section 741 to insert a new subsection (d) to authorize the Secretary to award a grant or contract to an institution 

of higher education 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. 

Further amends section 741 by prohibiting funds made available 

under this part from being used to provide financial assistance to 

students who do not meet the requirements of section 484(a)(5). 

Amends section 742, 743, and 744 to make technical amendments. 

Amends section 744(c) to expand the area of national need to include academic programs that teach traditional American history. 

Amends section 745 with regard to the authorization of appropriations. 

Sec. 706. Urban-serving research institutions 

Amends part C by rewriting the part. Renames the part ‘‘UrbanServing Research Intuitions.’’ Authorizes the Secretary to award 

grants to urban-serving research institutions to enable such institutions to expand research knowledge and to develop and implement initiatives in partnership with community-based organizations and other public or non-profit private entities to strengthen 

city economies, foster innovation and opportunity, and solve urban 

challenges. The Secretary shall give priority to applicants that propose to conduct joint programs supported by other local, state, and 

federal programs and to institutions that have a demonstrated 

record of effective engagement in serving their community. 

Grants awarded under this part are to be used to develop, implement, and evaluate systemic initiatives with elementary and secondary schools, innovative economic revitalization efforts, or public 

health outreach, education, and intervention activities. 


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Sec. 707. Programs to ensure students with disabilities receive a 

quality higher education 

Section 707 amends Part D of title VII with new Subpart 2 and 

Subpart 3. 

SUBPART 1—QUALITY HIGHER EDUCATION

Amends section 762 by specifying that the teaching methods and 

strategies designed to teach students with disabilities authorized 

under these grants must now meet the academic and programmatic 

needs of students with disabilities in order to improve retention 

and completion of postsecondary education, and must include methods and strategies consistent with the principles of universal design for learning. 

Authorizes activities of the grants awarded under this subpart 

are expanded to include the development of innovative and effective teaching methods and strategies to ensure the successful transition of students with disabilities from high school to postsecondary education; innovative and effective teaching methods and 

strategies to provide faculty and administrators with the ability to 

provide accessible distance education programs or classes that 

would enhance access to higher education for students with disabilities, including the use of accessible curriculum and electronic communication for instruction and advisement; and improved accessibility through the use of accessible instructional materials and curriculum development consistent with the principles of universal design for learning. 

The Secretary will prepare and disseminate a report reviewing 

the programs under this subpart, and provide guidance and recommendations on how successful projects can be replicated. 

Amends section 763 to include a description of activities allowed 

under this part in the application, and to require that applicants 

for grants provide a description of the extent to which the applicant 

will work to replicate best practices. 

Amends section 765 with regard to the authorization of appropriations. 

SUBPART 2—NATIONAL TECHNICAL ASSISTANCE CENTER; COMMISSION

ON ACCESSIBLE MATERIALS; PROGRAMS TO SUPPORT IMPROVED ACCESS TO MATERIALS

National center 

Subpart 2 creates a new section 766, which authorizes the Secretary to make grants or enter into contracts to establish and operate a national center to provide information and technical assistance for students with disabilities, and specifies the purpose of this 

new center, which is to improve the postsecondary recruitment, retention, and completion success rates of such students. This section 

specifies the qualifications of eligible entities who may apply to establish and support the national center, and outlines the duties of 

such a center, which include assistance to students and families, 

assistance to institutions of higher education, information collection 

and dissemination, dissemination of information on professional 

standards for disability support personnel, and annual reporting. 

Finally, this section mandates that the center employ disability 


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support personnel with proven expertise in providing training and 

technical assistance to practitioners. 

Establishment of advisory commission on accessible instructional 

materials in postsecondary education for students with disabilities 

Subpart 2 creates a new advisory commission in section 766A. 

Section 766A establishes an advisory commission on accessible instructional materials in postsecondary education for students with 

disabilities, and defines the membership of the commission, the period of appointment, meeting requirements, and requires the commission to select a chairperson and vice chairperson from among 

the members. The section defines the duties of the commission, 

which include conducting a thorough study to assess the barriers, 

systemic issues, and technical solutions available to improve the 

delivery and quality of accessible instructional materials, and reporting the findings and recommendations from the study to the 

Secretary and Congress within twenty-four months of the first 

meeting of the commission. The section outlines personnel matters 

related to the commission, including compensation, travel expenses, 

staff, and procurement of services. Finally, the section requires the 

termination of the commission 90 days after the submission of their 

report to the Secretary and Congress. 

Model demonstration programs to support improved access to postsecondary instructional materials for students with print disabilities 

Subpart 2 creates new model demonstration programs through 

section 766B. Section 766B specifies the purpose of the new programs, which is to encourage the development of systems to improve the timely delivery and quality of postsecondary instructional 

materials in specialized formats to students with print disabilities. 

This section defines the type of partnerships of eligible entities that 

may be awarded grants. The section requires the grantees to develop and implement processes and systems to: identify eligible students, facilitate requests for materials, coordinate between institutions of higher education, publishers, and producers of specialized 

formats, deliver materials in a timely manner, reduce duplication, 

protect against copyright infringement; outreach and training activities; evaluation of activities; and guidance for replication of successful efforts. The section requires the Secretary to report to Congress regarding the grant activities, provides authorization to the 

Secretary to expand the model demonstration program after three 

years, and requires the Secretary to consider the recommendations 

of the advisory commission on accessible instructional materials in 

postsecondary education for students with disabilities, when they 

become available, in issuing guidance to grantees. 

Section 766C provides the authorization of appropriations for all 

programs under this subpart. 


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SUBPART 3—TRANSITION PROGRAMS FOR STUDENTS WITH INTELLEC- TUAL DISABILITIES INTO HIGHER EDUCATION; COORDINATING CEN- TER

Model comprehensive transition and postsecondary programs for 

students with intellectual disabilities 

Subpart 3 creates model demonstration programs that promote 

the successful transition of students with intellectual disabilities 

into higher education. Section 767 describes the purpose of the programs. Section 768 provides definitions for this subpart. 

Section 769 authorizes the Secretary to award five year grants 

on a competitive basis to institutions of higher education or consortia of such institutions to create or expand high-quality, inclusive model comprehensive transition and postsecondary programs 

for students with disabilities. Such programs shall be a degree, certificate, or non-degree program offered by an institution of higher 

education that is designed for students with intellectual disabilities 

who seek to continue academic, vocational, or independent living 

instruction at the institution in order to prepare for gainful employment, includes an advising curriculum structure, and requires 

the enrollment of the student in the equivalent of not less than 

half-time course of study as determined by the institution. Preference shall be given to institutions of higher education or consortia of institutions in a state that does not already have a comprehensive transition and postsecondary program for students with 

intellectual disabilities, or agree to incorporate one or more specified elements into the program carried out under the grant. The 

Secretary shall prepare and disseminate a report reviewing the activities of the model comprehensive transition and postsecondary 

programs for students with intellectual disabilities authorized 

under this subpart and provide guidance and recommendations on 

how successful programs can be replicated. 

Coordinating center for technical assistance, evaluation, and development of accreditation standards 

Section 770 directs the Secretary to enter into a five-year cooperative agreement with an eligible entity, for the purpose of establishing a coordinating center for technical assistance, evaluation, 

and development of accreditation standards for institutions of higher education that offer inclusive model comprehensive transition 

and postsecondary programs for students with intellectual disabilities, and provides the requirements of the cooperative agreement. 

Section 770A provides the authorization of appropriations for all 

programs under this subpart. 

Sec. 708. Subgrants to nonprofit organizations 

Amends section 771(e) to allow guaranty agencies to be an eligible partner in the College Access Challenge Grant program. 

Sec. 709. Nursing education 

Amends title VII to create a new part F. This part authorizes the 

Secretary to award grants to institutions of higher education that 

offer an R.N. nursing program at the baccalaureate or associate degree level to expand the faculty and facilities of such program to 

accommodate additional R.N. nursing students; or to institutions of 


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higher education that offer post-graduate level degrees for either 

advanced practice nurses, or for prospective teachers in nursing 

programs, or both, to expand the faculty and facilities of such programs to accommodate additional post-graduate students. Grants 

shall be awarded for each academic year in the amount of $3,000 

multiplied by the number of matriculated nursing students at such 

institution for the academic year that is greater than the average 

at that institution for the previous four years. 

This part also authorizes the Secretary to award grants to and 

enter into contracts and cooperative agreements with partnerships 

composed of an accredited school of nursing at an institution of 

higher education and hospital or health facility. The purposes of 

the grants, contracts, and agreements are to provide scholarships 

to qualified nurses in pursuit of an advanced degree with the goal 

of becoming a faculty member in an accredited nursing program 

and to fund release time for qualified nurse employees, so that 

those employees can earn a salary while obtaining an advanced degree in nursing with the goal of becoming nurse faculty. Funds 

made available by such grants, contracts, or agreements may be 

used to develop a new national demonstration initiative to align 

nursing education with emerging industry trends, develop a clinical 

simulation laboratory, purchase distance learning technologies, 

fund release time, provide for faculty salaries, and collect and analyze data on educational outcomes. 

Sec. 710. National study on higher education access and success for 

students with disabilities 

Section 710 directs the Comptroller General to conduct a study 

of the barriers to, and opportunities for, the full participation of 

students with disabilities in higher education. The study shall address issues related to students with disabilities including enrollment and completion rates, factors that influence the accessibility 

of higher education, effectiveness and capacity of disability support 

services, coordination with other support programs, and factors 

contributing to effective recruitment and graduation. 

TITLE VIII—ADDITIONAL PROGRAMS

Sec. 801. Additional programs 

The purpose of this title is to provide new programs to offer opportunities for increased access to and success in higher education. 

Each new part under section 801 is added to the end of the Higher 

Education Act of 1965. 

Section 800 provides the authorization of appropriations for all 

programs under this title. 

PART A—LOW TUITION

This part authorizes the Secretary to award grants on a competitive basis to institutions of higher education that keep their tuition 

increases at or below the percentage change in the higher education price index. This part also specifies the use of funds for institutions receiving a grant under this part. This part also allows 

the Secretary to award bonus amounts in the form of need-based 

grant aid to institutions that guarantee their tuition and maintain 

low tuition and fees. Additionally this part requires all institutions 


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of higher education that have an increase in annual net tuition to 

report to the Secretary the factors contributing to the increase in 

the institution’s costs and the increase in the net tuition and fees 

charged to students, including identification of the major areas of 

the institution’s budget with the greatest cost increases; the institution’s three most recent 990s submitted to the Internal Revenue 

Service; a description of the major areas of expenditures in the institution’s budget with the greatest increase for such academic 

year; and the actions being taken by the institution to reduce net 

tuition. This part requires that this information be compiled for 

Congress to review. 

PART B—COOPERATIVE EDUCATION

This part authorizes the Secretary to make grants to institutions 

of higher education or combination of institutions for cooperative 

education programs. Of the funds appropriated for this part not 

less than 50 percent shall be used for institutions of higher education that have not received a grant in the last ten years; not less 

than 25 percent shall be available for grants operating existing cooperative education programs; not more than 11 percent for demonstration grants to determine the feasibility or value of innovative 

methods of cooperative education and not more than 11 percent to 

conduct the training and resource centers to train personnel in the 

field of cooperative education and improve materials used in cooperative education; and furnish technical assistance to institutions 

of higher education to increase the potential of the institution to 

continue to conduct a cooperative education program. This part also 

includes program requirements that include providing alternating 

or parallel periods of academic study and public or private employment. Additionally, this part includes grant amounts, limitations 

on the grants, and uses of funds which include expanding the quality of and participation in cooperative education programs; outreach in new curricular areas; and, for outreach to potential participants including underrepresented and nontraditional populations. This part also outlines the application requirements, which 

include requiring institutions to specify the activities that will be 

performed and a description of the plans to carry out the cooperative education program past the five years of the grant. Additionally, this part specifies the duration of the grants and federal share 

required under this program, and specifies factors for special consideration of applications which include programs that show the 

greatest promise of success because of the extent to which programs in the academic discipline had a favorable reception by public and private sector employers; the strength of the commitment 

of institutions of higher education; and other factors including institutions with a demonstrated commitment to serving all underserved populations. 

This part also authorizes the Secretary to make grants to conduct demonstration projects on innovative methods in cooperative 

education and training related to the needs of cooperative education programs. This part specifies that a recipient of a grant may 

use funds provided only to supplement and to the extent possible, 

increase the level of funds that would, in the absence of such funds, 

be made available from non-federal sources to carry out the activities supported by such grant. 


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PART C—COLLEGE PARTNERSHIP GRANTS

This part authorizes the Secretary to make grants to partnerships for the purposes of developing and implementing articulation 

agreements between institutions. Partnerships must include at 

least two institutions of higher education and may also include a 

consortia of institutions or a state higher education agency. A priority is given to partnerships that are located in a state that is in 

compliance with section 486A, and to partnerships that include at 

least one junior or community college and one institution that offers a baccalaureate or post-baccalaureate degree that is not offered 

by the partner junior or community college. Partnerships must use 

grant funds to develop and implement policies and programs to enhance articulation agreements, academic program enhancements, 

and programs to remove barriers to student transfers. 

PART D—STUDENT SUCCESS GRANTS

This part authorizes the Secretary to award grants to institutions of higher education for the purposes of increasing the success 

of low-income students in persisting in and completing postsecondary education and training programs. Eligible institutions are 

defined as institutions of higher education in which, during the 

three-year period preceding the year in which the institution is applying for a grant, an average of not less than 50 percent of the 

institution’s entering first-year students are enrolled in developmental courses. Participating institutions shall provide a non-federal match of 25 percent. 

Funds shall be used to assign a Student Success Coach to participating first-year students to provide intensive career and academic 

counseling, ongoing personal help in navigating college services, 

and assistance in connecting to community resources. Funds may 

also be used to provide services and programs for participating students, including: college and career success courses, work-study 

jobs with private employers, learning communities, curricular redesign, instructional support, and assistance with support services. 

This part also directs the Secretary to conduct an evaluation of 

program outcomes and participating institutions shall work with 

an evaluator to track persistence and completion outcomes for participating students. 

PART E—JOBS TO CAREERS

This part authorizes the Secretary to award grants to institutions of higher education for the purposes of improving developmental education, by customizing developmental education to student career goals, and to help students move from developmental 

coursework into for-credit occupational program courses. The Secretary shall give priority to applications that are from institutions 

of higher education in which a majority of the institution’s entering 

students are assessed as needing developmental coursework or propose to replicate proven effective practices or partner with adult 

education providers. 

Funds shall be used to create workforce bridge programs that 

serve the outlined purposes of this program. Programs may integrate the curricula and the instruction of both developmental and 

college-level coursework. This part also outlines permissible uses of 


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funds, including re-designating class schedules to meet the needs 

of working adults. 

PART F—PROJECT GRAD

This part authorizes the Secretary to award a grant to Project 

GRAD USA to provide support and assistance to programs implementing integrated education reform services in order to improve 

the secondary school graduation and college attendance and completion of disadvantaged students. The grantee shall use the 

awarded funds to implement, improve, and expand programs of integrated education reform services. 

This part outlines the terms of subcontracting and matching requirements for the grantee. Further, the Secretary shall evaluate 

the performance of participating students under this part every 

three years. 

PART G—IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS

This part directs the Secretary to contract with a not-for-profit 

organization to make available year-to-year higher education enrollment rate trends of secondary school students. The grant recipient shall have demonstrated expertise in increasing school-wide 

higher education enrollment rates in low-income communities, and 

in college transition data management. 

The Secretary shall also contract with such nonprofit organization to identify not less than fifty urban local educational agencies 

and five states with significant rural populations, each of which 

serves a significant number of low-income students, to carry out 

comprehensive needs assessments of the factors known to contribute to improved higher education enrollment rates, including 

factors such as evaluation of the local educational agency’s and 

state’s leadership strategies, the secondary school curriculum and 

class offerings of the local educational agency and state, the professional development used by the local educational agency and state 

to assist teachers, higher education counselors, and administrators 

in supporting the transition of secondary students into higher education, secondary school student attendance, the data systems used 

by the local educational agencies and the state to measure college 

enrollment rates 148 and the incentives in place to motivate faculty 

and students to improve school-wide outcomes, and strategies to 

mobilize student leaders to build a college-bound culture. 

The nonprofit shall also provide comprehensive services to improve school-wide higher education enrollment rates of each of at 

least ten local educational agencies and states that participated in 

comprehensive needs assessment and have demonstrated a willingness and commitment to improving the higher education enrollment rates of the local educational agency or state. 

PART H—DIPLOMA MILL PREVENTION

The purpose of this part is to protect institutions of higher education, businesses, and others from any person claiming to possess 

a legitimate academic degree that in fact was issued by a fraudulent or non-existent school, by a non-educational entity posing as 

a school, or by any entity in violation of federal or state law. This 

part accomplishes this purpose by authorizing the Secretary of 


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Education to make available to the Secretary of Homeland Security 

and the heads of the appropriate federal agencies, a list of accrediting agencies; institutions accredited by agencies recognized by the 

Secretary; and foreign degree granting institutions recognized in 

the home country of the institution for the purposes of allowing the 

Secretary of Homeland Security and the heads of such federal 

agencies to determine, for immigration and federal employment 

and hiring purposes, the legitimacy of degree granting institutions 

and degrees issued by such institutions. This part also authorizes 

the Secretary to establish within the Department of Education a 

Diploma Mill Task Force. Representatives on the task force include 

the heads of agencies, and individuals appointed by Members of 

Congress. This part further outlines the duties of the task force 

which includes the development of a federal plan to address diploma mills and a report to Congress with recommendations for 

guidelines and legislation for Congress to consider. This part also 

includes a Sense of Congress regarding the use by states of the federal plan to be developed by the task force. Finally, this part requires the Secretary to request in writing that the Federal Trade 

Commission develop a plan to address diploma mills. 

PART I—STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT

This part authorizes a new grant program for institutions of 

higher education to develop and improve their campus safety and 

emergency response systems. Grants shall be awarded by the Secretary of Education, in consultation with the Attorney General and 

the Secretary of Homeland Security. Grant funds may be used to 

develop and implement emergency communications systems, for security assessments, for training of security personnel, and to coordinate mental health crisis response and intervention services for 

students enrolled in the institution of higher education affected by 

a campus or community emergency. These communications procedures may incorporate the use of radio announcements, television 

alerts, audible alert signals, public address announcements, and 

other means of communication, so that each institution participating shall be able to communicate with students, employees, and 

others on the campus of the institution, within a reasonable and 

timely manner in the event of a significant emergency or dangerous 

situation. 

This part further requires the Secretary, in consultation with the 

Attorney General, to develop model emergency procedures and to 

disseminate information regarding these model procedures. 

This part also requires the Secretary to develop and maintain a 

disaster relief plan, in consultation with appropriate agencies, to 

ensure a procedure is in place to address the needs of institutions 

of higher education in the event of a federally declared disaster or 

emergency. 

This part authorizes the Secretary to establish an 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 major disaster or emergency. This part specifies 

that funds provided under this loan program may be used for direct 

and indirect construction, replacement, and renovation costs associated with or resulting from or preparing for a major disaster; faculty salaries and incentives to retain faculty; reimbursement for 


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lost tuition and other revenues. The program requires applicants to 

submit financial statements and demonstrate an attempt to secure 

funds through other federal grant programs. This part allows the 

Secretary to prescribe regulations to establish the loan program including setting the terms. Additionally, this part specifies the institutions that may qualify for assistance under such program. 

This part also requires the Secretary to provide guidance that 

clarifies the role of institutions of higher education with respect to 

disclosures of education records, including to a parent or legal 

guardian of a dependent student, in the event that such student 

demonstrates that the student possess a significant risk of harm to 

himself or herself or to others. This part requires the guidance to 

clarify that an institution of higher education that in good faith 

complies with the requirements of this Act and the Family Educational Rights and Privacy Act of 1974 shall not be held liable for 

that disclosure. 

PART J—RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND

UNIVERSITIES

This part authorizes the Secretary to award grants for the purposes of increasing enrollment and graduation rates of two and 

four-year institutions of higher education of graduates of rural high 

schools, degree completion for non-traditional students from rural 

areas, and promoting economic growth and development in rural 

America through partnership grants with rural colleges and universities. 

Section 873 authorizes grants to partnerships between rural institutions of higher education and rural local educational agencies, 

rural education service agencies, rural employers, or nonprofit organizations with expertise in rural education. Funds awarded to 

partnerships under this section shall be used to improve enrollment rates for graduates and former attendees of rural high 

schools at rural institutions of higher education and to encourage 

participation of nontraditional students at rural institutions of 

higher education. 

Section 874 authorizes grants to eligible partnerships. Funds 

awarded under this section shall be used to provide additional career training to attendees of rural institutions of higher education 

in fields relevant to the regional economy and to encourage regional business to employ graduates of such institutions. 

Section 875 authorizes grants to rural institutions of higher education to create or strengthen academic programs to prepare graduates to enter high-need occupations in the regional and local 

economies. 

Section 876 provides considerations for the Secretary regarding 

the allocations to qualifying institutions and partnerships, establishes minimum and maximum grant award amounts, and specifies 

that grants shall be awarded for one three-year period. 

PART K—IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND

MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA NATIVE AND

NATIVE HAWAIIAN STUDENTS

This part authorizes a grant to an eligible partnership to develop 

or expand programs for the development of science, technology, engineering or mathematics professionals from elementary schools 


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through college, including existing programs for Alaska Native and 

Native Hawaiian students. Eligible partnerships shall be partnerships of one or more colleges or schools of engineering, one or more 

colleges or schools of science or mathematics, one or more institutions of higher education that offer two-year degrees, or one or 

more private entities that conduct career awareness activities 

showcasing local technology professionals, develop internships, apprenticeships and mentoring programs in partnership with relevant industries, and assist with the placement of interns and apprentices. 

Grant funds shall be used to develop or implement cultural, social, or educational transition programs to assist students to transition into college life and academics in order to increase such students’ retention rates in the fields of science, technology, engineering, or mathematics, with a focus on Alaska Native or Native Hawaiian students; development or implementation of academic support or supplemental educational programs to increase the graduation rates of students in the fields of science, technology, engineering, or mathematics, with a focus on Alaska Native or Native Hawaiian students; development or implementation of internship programs, carried out in coordination with educational institutions 

and private entities, to prepare students for careers in the fields of 

science, technology, engineering, or mathematics, with a focus on 

Alaska Native or Native Hawaiian students; or other activities consistent with the purposes of this section. 

Priority for grants shall be given to an eligible partnership that 

provides one or more programs in which 30 percent or more of the 

program participants are Alaska Native or Native Hawaiian. 

PART L—NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY

OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS

This part directs the Secretary to establish and maintain a database of information on scholarships, fellowships, and other programs of financial assistance available from public and private 

sources for the study of science, technology, engineering, or mathematics in postsecondary education. This part further outlines requirements for specific data elements to be included in the database. 

PART M—TRAINING FOR REALTIME WRITERS

This part authorizes the Secretary of Commerce to award grants 

to eligible court reporting programs to promote the training and 

placement of individuals as realtime writers in order to meet the 

requirements for closed captioning of video programming. The part 

further outlines that the Secretary shall give priority to applicants 

based upon criteria and describes the application requirements. 

Funds shall be used 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. Activities may include: recruitment, 

scholarships, distance learning, development and implementation 

of curriculum to more effectively train realtime writing skills, mentoring, and encouragement of individuals with disabilities to pursue a career in realtime writing, and employment and payment of 

personnel for the purposes of carrying out such activities. 


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This part further outlines reporting requirements of grantees 

and directs the Inspector General of the Department of Commerce 

to conduct a review of the management, efficiency, and effectiveness of the grants made under this part. 

PART N—CENTERS OF EXCELLENCE IN VETERAN STUDENT SUCCESS

This part authorizes the Secretary to award grants to institutions of higher education to develop model programs to support veteran student success in postsecondary education. This part also 

outlines the required activities under this program and the additional activities permitted which include establishing a Center of 

Excellence for Veterans on campus; establishing support teams; 

providing a staff for coordination. Additionally, this part includes 

an application process which includes taking into consideration the 

number of veterans enrolled at the institution and the need for the 

program. This part also requires the Secretary to develop an evaluation and accountability plan for model programs funded under 

this part. 

PART O—UNIVERSITY SUSTAINABILITY PROGRAMS

This part establishes university sustainability programs. Under 

subpart 1, the Secretary is authorized to make grants to establish 

sustainability programs to design and implement sustainability 

practices. This subpart specifies the period of the grant, the 

amount of the grant, the application process, uses of funds which 

includes allowing institutions of higher education to develop and 

implement administrative and operations practices; establishing 

multi-disciplinary education, research and outreach programs; establishing initiative in the areas of energy management and supporting student faculty and staff work at institutions to implement, 

research and evaluate sustainable practices. This part also requires 

a report from all grantees. 

Under subpart 2, the Secretary is authorized to convene a summit of higher education experts working in the area of sustainable 

operations and programs. This summit shall encourage faculty, 

staff and students at institutions of higher education to establish 

administrative and academic sustainability programs; enhance research by faculty and students in sustainability practices; encourage institutions to work with community partners; identify opportunities for partnerships with the federal government; and charge 

the summit participants to submit a set of recommendations for addressing sustainability through institutions of higher education. 

PART P—MODELING AND SIMULATION PROGRAMS

This part authorizes the Secretary to establish a task force on 

modeling and simulation; provide grants to institutions of higher 

education to develop new modeling and simulation programs; and 

create grants for institutions of higher education to enhance existing modeling and simulation degree programs. With respect to the 

task force, this part outlines the activities of the task force which 

include helping to define the study of modeling and simulation; 

identifying best practices for such study; and providing recommendations related to the grants established under this program. This part specifies the duration and minimum grant 


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amounts, non-federal share, the application process and uses of 

funds which include allowing institutions to establish, or work towards the establishment of, a modeling and simulation program; 

provide adequate staffing; and the purchasing of equipment. This 

part is authorized at $40 million for fiscal year 2009 and such 

sums as may be necessary for each of the succeeding four fiscal 

years. Additionally, $1 million is authorized to carry out the activities of the task force and the remaining funds shall be allocated 50 

percent for new programs and 50 percent for programs with an established modeling and simulation program. 

PART Q—BUSINESS WORKFORCE PARTNERSHIPS

This part authorizes the Secretary to award grants to business 

and industry workforce partnerships to strengthen ties between 

college degree credit offerings and business and industry workforce 

needs, and expand opportunities for worksite learning. Partnerships must include an institutions of higher education, an employer 

or a group of employers or a local board, and, where applicable, 

labor organizations. 

This part identifies mandatory and permissible uses of grant 

funds in order to fulfill the purposes of the part. Further, the part 

directs the Secretary of Education, jointly with the Secretary of 

Labor, to report to Congress on statutory changes that would 

strengthen the links between business and industry partners and 

institutions of higher education, including creating and sustaining 

partnerships at institutions. 

Sec. 802. Sense of the Congress; report 

Section 802 declares the Sense of the Congress that the Secretary of Education and Treasury work together to develop a process for borrowers to make loan repayments via the tax withholding 

system to pay for loans using income tax withholdings. The Secretaries shall report to Congress no later than one year after the date 

of enactment on the progress and inform Congress of any statutory 

barriers to implementation. 

Sec. 803. Independent evaluation of distance education programs 

Section 803 calls for a study by the National Academy of Sciences 

to evaluate the quality of distance education programs as compared 

to campus-based education programs at institutions. 

Sec. 804. Encouraging colleges and universities to ‘‘go green’’ 

Section 804 declares the Sense of the Committee on Education 

and Labor that there should be increased awareness of the need to 

use sustainable economic and environmental practices on colleges 

and universities. 

Sec. 805. Study of costs of environmental, health, and safety standards 

Section 805 directs the Secretary to commission the National Research Council to conduct a study to determine the viability of developing and implementing standards in environmental, health, 

and safety areas to provide for differential regulation of industrial 

laboratories and facilities and research and teaching laboratories. 


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Sec. 806. Study of minority male academic achievement 

Section 806 directs the Secretary to conduct a study of underrepresented minority males, particularly African American and Hispanic males, completing high school and entering into and completing postsecondary education. Such study shall examine the 

high school completion and preparation for college, success on the 

SAT and ACT, and minority male access to higher education. 

Sec. 807. Study on bias in standardized tests 

Section 807 directs the Comptroller General to conduct a study 

to identify any race, ethnicity, and gender biases present in the design of standardized tests that are used for admission to institutions of higher education. 

Sec. 808. Feasibility study on student loans 

Section 808 directs the Congressional Budget Office to conduct a 

study on the feasibility of allowing borrowers in repayment of student loans the option of selecting or renegotiating a fixed or variable interest rate on their loans. The study shall evaluate various 

scenarios and take into consideration the cost to the government, 

lenders, and borrowers as well as any impact on service quality. 

Sec. 809. Endowment report 

Section 809 directs the Secretary to conduct a study on the 

amounts, uses, and public purposes of the endowments of institutions of higher education. Such study shall examine the average 

and range of the outstanding balances of such endowments, the 

growth of endowments over the past ten years, the percentage of 

spending on an annual basis, and the extent to which such funds 

are restricted. 

Sec. 810. Study of Correctional Postsecondary Education 

Section 810 directs the Secretary to conduct a longitudinal study 

to assess the effects of correctional postsecondary education. Such 

study shall employ rigorous empirical methods, measure a range of 

outcomes, examine different delivery systems of postsecondary education, and include a projected cost-benefit analysis of the federal 

investment. 

Sec. 811. National Undergraduate Fellows Program 

Section 811 authorizes a National Undergraduate Fellows Program to provide fellowships in order to improve postsecondary degree completion by underrepresented undergraduate students. 

Sec. 812. National Center for Learning Science and Technology 

Trust Fund 

Section 812 establishes a National Center for Learning Science 

and Technology Trust Fund as an independent Center to use funds 

to support basic and applied research develop and demonstrations 

of innovative learning and assessment tools, support the testing 

and evaluation of such tools, and to encourage the adoption and 

use of effective approaches to learning. 


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Sec. 813. GAO study of education related indebtedness of medical 

school graduates 

Section 813 directs the Comptroller General to conduct a study 

of the higher education related indebtedness of medical school 

graduates in the United States at the time of graduation. 

TITLE IX—AMENDMENTS TO OTHER LAWS

PART A—EDUCATION OF THE DEAF ACT

Sec. 901. Laurent Clerc National Deaf Education Center 

Section 901 names the Laurent Clerc National Deaf Education 

Center, as the entity to provide quality education for deaf individuals through its Clerc Center, and technical assistance, outreach 

and training programs for parents and teachers of children who are 

deaf. By no later than the beginning of the 2009–10 academic year, 

the elementary and secondary programs at the Center shall adopt 

and implement standards and assessments pursuant to Section 

1111(b) of the Elementary and Secondary Education Act, subject to 

approval by the Secretary. The University shall determine whether 

the Clerc programs are making adequate yearly progress and publicly report the findings, as required by the Elementary and Secondary Education Act. 

Sec. 902. Agreement with Gallaudet University 

Section 902 updates the reference to the Davis-Bacon Act. 

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

Deaf 

Section 903 names the Rochester Institute of Technology as the 

partner institution for the establishment and operation of a National Technical Institute for the Deaf, and specifies that if the Secretary or Rochester Institute terminates the agreement the Secretary shall consider other proposals to establish and operate a National Technical Institution for the Deaf. 

Sec. 904. Audit 

Section 904 limits the requirements of annual independent financial and compliance audit of the relevant institution of higher education to cover only the activities of the National Technical Institute for the Deaf, and clarified that such audit shall be conducted 

on a fiscal year cycle. 

Sec. 905. Reports 

Section 905 excludes preparatory programs from those programs 

about which the University must report enrollment, graduation, 

and post-graduation employment information. Changes the date of 

the University’s requirement to report the differences in disposition 

of individuals from minority backgrounds with those students from 

non-minority backgrounds from the date of graduation or completion of their studies to one year after graduation or completion. 

Limits the requirements of the report as compared to current law. 


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Sec. 906. Monitoring, evaluation, and reporting 

Section 906 removes reference to the Department of Education 

Organization Act when stating that the Secretary should submit an 

annual report to Congress on the University’s monitoring and evaluation activities of and legislative recommendations regarding the 

University’s programs, activities and administrative operations. 

Changes period of authorization of appropriations under this section to fiscal years 2008 through 2013. 

Sec. 907. Liaison for educational programs 

Section 907 also requires the Secretary to designate a liaison between the Department of Education and Gallaudet University, the 

National Technical Institute for the Deaf, and other postsecondary 

educational programs for individuals who are deaf as defined under 

the Individuals with Disabilities Education Act, the Rehabilitation 

Act of 1973, and other federal or non-federal agencies, institutions, 

or organizations involved with the education or rehabilitation of individuals who are deaf or hard of hearing. 

Sec. 908. Federal endowment programs for Gallaudet University 

and the National Technical Institute for the Deaf 

Section 908 extends the authorization of appropriations for fiscal 

years 2008 through 2013. 

Sec. 909. Oversight and effect of agreements 

Section 909 updates correct names of committees where relevant. 

Sec. 910. International students 

Section 910 establishes that preparatory students no longer 

count toward the University’s and NTID’s respective enrollment 

caps of international students; nor do international students residing abroad and participating in distance learning courses through 

NTID or the University. This section also states that U.S. citizens 

who apply for distance learning courses shall not be denied participation because of the participation of international students, and 

such distance education international students will not be charged 

a tuition surcharge. Postsecondary international students from a 

non-developing country enrolled at the University or NTID shall 

continue to pay a 100–percent tuition surcharge. The section reduces the surcharge paid by postsecondary international students 

from a developing country enrolled at the University or NTID from 

100 percent to 50 percent. It also requires the University and NTID 

to develop a sliding scale model for tuition surcharge reduction for 

international students, from both developing and non-developing 

countries, that can demonstrate financial need. The section also defines ‘‘developing country’’ for the purposes of this section. 

Sec. 911. Research priorities 

Section 911 updates correct names of committees where relevant. 

Sec. 912. National study on the education of the deaf. 

Section 912 requires the Secretary to establish a commission on 

the education of the deaf, and updates the current study language 

to give the commission responsibility to conduct a study to identify 

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periences and employment for individuals who are deaf, and those 

education-related factors that contribute to successful postsecondary education experiences and employment for individuals who 

are deaf. Updates study report dates. Amends Section 912 with regard to the authorization of appropriations under this section. 

Sec. 913. Authorization of Appropriations 

Section 913 extends the authorization of appropriations for fiscal 

year 2008 through 2013. 

PART B—INDIAN EDUCATION

SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES

Sec. 921. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978 

This section defines ‘‘National Indian Organization’’ to mean an 

organization that is nationally based, represents a substantial Indian constituency and has expertise in the fields of tribally controlled colleges and university and Indian higher education. ‘‘Indian Student’’ means a student who is a member of an Indian tribe 

or a biological child of a member of an Indian tribe, living or deceased. 

In a continuing education program, eligible credits shall be determined as one credit for every ten contact hours in a quarter system, or fifteen contact hours in the case of an institution with a 

semester system. These hours must be completed in an organized 

continuing education experience under responsible sponsorship, capable direction and qualified instruction, as described by the International Association for Continuing Education and Training. No 

more than 10 percent of the Indian student count of a tribally controlled college or university shall receive such credits. The section 

also strikes the prohibition on credit hours earned by an Indian 

student not making satisfactory progress toward a degree or certificate being taken into account. 

To be eligible for grant assistance under this Act, a tribally controlled college or university must be accredited by a nationally recognized accrediting agency or association, or must be making reasonable progress toward accreditation according to such an agency 

or association. 

The Secretary shall require that contracts for technical assistance be awarded to an organization designated by the tribally controlled college or university to be assisted. The Secretary shall 

grant to each tribally controlled college or university with an approved application an amount equal to the product of multiplying 

the Indian student count at such college or university during the 

academic year preceding the academic year and $8,000, with the 

latter adjusted annually for inflation. For technical assistance contracts under this section, authorizes $3.2 million for fiscal year 

2008 and five succeeding years. Authorize such sums as shall be 

necessary for fiscal year 2008 and the succeeding five years for 

grants to tribally controlled colleges or universities and the renovation program and construction of new facilities under this title. 

Changes authorized funding level of grants for the establishment 

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essary. Authorizes such funding for fiscal year 2008 and the succeeding five years. 

Section 921(j) adds at the end of the Tribally Controlled College 

or University Assistance Act of 1978 (25 U.S.C. 1801, et seq.) by 

adding at the end a new subtitle V on Tribally Controlled Postsecondary Career and Technical Institutions. The term ‘‘tribally controlled postsecondary career and technical institution’’ aligns with 

the definition of the term in the Carl D. Perkins Career and Technical Education Act. Subject to the availability of appropriations, 

for fiscal year 2008 and each fiscal year thereafter, the Secretary 

shall provide funding to the United Tribes Technical College and 

the Navajo Technical College to operate postsecondary career and 

technical programs for Indian students, so long as the Secretary 

determines that those institutions meet the definition of a ‘‘tribally 

controlled postsecondary career and technical institution’’ defined 

herein. Provides that this funding shall be provided in a lump sum 

payment for each applicable fiscal year. Provides that, for fiscal 

year 2009 and each fiscal year thereafter, the Secretary shall distribute an amount equal to the greater of either the appropriated 

amount for fiscal year 2006 or the appropriated amount for fiscal 

year 2008. If, for any fiscal year, the authorized amount exceeds 

the higher of the amount of fiscal year 2006 or fiscal year 2008, the 

Secretary shall distribute a portion of the excess amount to each 

institution according to each school’s proportion of the aggregate 

Indian student count of the two institutions the prior academic 

year. Requires that funds made available under this title be subject 

to the Indian Self-Determination and Education Assistance Act. A 

selected institution may elect to receive funds in accordance with 

an agreement between the institution and the Secretary if the 

agreement exists on the date of enactment of the College Opportunity and Affordability Act of 2007. Eligibility for, or receipt of, assistance under this title shall not preclude the eligibility of the institution to receive federal financial assistance under any program 

of the Higher Education Act, any program under the Carl D. Perkins Career and Technical Education Act of 2006, or any other program that provides a benefit for institutions of higher education, 

community colleges or postsecondary educational institutions. Authorizes to be appropriated for this new subsection such sums as 

may be necessary for fiscal year 2008 and five succeeding fiscal 

years. This is the final portion of the new Subsection V of the Tribally Controlled College or University Assistance Act of 1978 (25 

U.S.C. 1801, et seq.). Subject to the availability of appropriations, 

requires the Secretary to make grants to provide support for the 

education and training of Indian students to institutions that are 

not receiving federal assistance as of the date on which the grant 

is provided under title I of the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College 

Act. The short title of the Tribally Controlled College or University 

Assistance Act of 1978 (25 U.S.C. 1801 note; P.L. 95–471) is 

changed to the ‘‘Tribally Controlled Colleges and Universities Assistance Act of 1978, ’’ and clarifies that any reference in law to the 

previous short title shall be considered a reference to the amended 

Act. 


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SUBPART 2—NAVAJO HIGHER EDUCATION

Sec. 931. Reauthorization of Navajo Community College Act 

Section 931 amends the purpose of the act so that the purpose 

is to assist the Navajo Nation in providing education to tribe members through a community college established by the tribe, known 

as Dine College. 

This section also amends the Navajo Community College Act to 

require the Secretary to study the academic facilities needs of Dine 

College and report to Congress no later than October 31, 2010. 

Funds to carry out this section may be drawn from general administrative appropriations to the Secretary. 

This section also authorizes such sums as may be necessary for 

fiscal year 2008 and the succeeding five fiscal years for construction activities, including construction of buildings, water and sewer 

facilities, roads, information technology and telecommunications infrastructure, classrooms, and external structures. Such sums as are 

necessary shall also be appropriated to pay the cost of maintenance 

of the college, major capital improvements, mandatory payments, 

supplemental student services, and to improve and expand the college by providing higher education programs, career and technical 

education, activities relating to the preservation and protection of 

the Navajo language, philosophy and culture, employment and 

training opportunities, economic development and community outreach, and a safe learning, working and living environment. 

PART C—HIGHER EDUCATION AMENDMENTS OF 1998; HIGHER

EDUCATION AMENDMENTS OF 1992

Sec. 941. Grants for training for incarcerated individuals 

Amends part D of title VIII of the Higher Education Amendments of 1998 to rewrite the part. Renames the part ‘‘Grants for 

Training for Incarcerated Individuals.’’ Authorizes the Secretary to 

provide grants to the state correctional education agencies in the 

states and to the Federal Bureau of Prisons to assist and encourage 

incarcerated individuals to acquire educational and job skills 

through remedial coursework, the pursuit of a postsecondary education certificate or degree, and employment counseling. States and 

the Federal Bureau of Prisons shall award eligible students not 

more than $3,000 annually for tuition, books, and essential materials and $300 annually for related services. Educational services 

provided under this part shall be available during a student’s period of incarceration and related services shall be available during 

a student’s period of incarceration and up to one year after the student’s release. 

Sec. 942. Underground railroad 

Amends section 841 of the Higher Education Amendments of 

1998 to authorize the program at $3 million for fiscal year 2009 

and such sums as may be necessary through 2013. 

Sec. 943. Repeals of expired and executed provisions 

Repeals expired provisions of the Higher Education Amendments 

of 1998. Specifically repeals section 801, section 802, section 803, 

part C of title VIII, part F of title VIII, and part J of title VIII. 


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Sec. 944. Olympic scholarships 

Amends section 1543 of the Higher Education Amendments of 

1992 to extend the authorization of the program. 

Sec. 945. Establishment of Assistant Secretary for International and 

Foreign Language Education 

Amends section 202 of the Department of Education Organization Act to establish an Assistant Secretary for International and 

Foreign Language Education, who shall have extensive background 

and experience in international and foreign language instruction 

and will report directly to the Secretary. Further amends title II 

of the act to establish an Office of International and Foreign Language Education, which shall have responsibility for encouraging 

and promoting the study of foreign languages and the study of cultures at the elementary, secondary, and postsecondary levels; administer programs on international and foreign language education 

and research, coordinate with related programs of other federal departments and agencies, and administer the Department’s activities in international affairs. 

PART D—JUSTICE DEPARTMENT PROGRAMS

Sec. 951. Loan repayment for prosecutors and defenders 

Amends title I of the Omnibus Crime Control and Safe Streets 

Act of 1968 to add a new part JJ, titled ‘‘Loan Repayment for Prosecutors and Public Defenders.’’ Authorizes the Attorney General, 

subject to the availability of appropriations, to assume the obligation to repay a student loan on behalf of a borrower who is employed as a prosecutor or public defender and is not in default on 

such loan. For an individual borrower, the Attorney General may 

assume up to $10,000 annually and $60,000 in the aggregate. 

In order to be eligible for repayment benefits, the borrower must 

enter into a written agreement that specifies that: the borrower 

will remain employed as a prosecutor or public defender for a period of service not less than three years, if the borrower is separated from employment voluntarily or involuntarily the borrower 

will repay the amount of any benefits received under this section, 

and the amount shall be recoverable from the employee if the borrower fails to repay the specified amount. This part further specifies the terms under which the repayment of funds may be collected and treated. 

The Attorney General must give priority to borrowers who have 

the least ability to repay their student loans or who have previously received benefits under this section and have completed 

less than three years of the first required period of service. 

This part directs the Inspector General of the Department of Justice to submit a report on the cost and impact of the program. Further, the part directs the Comptroller General to conduct a study 

of 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. 


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Sec. 952. National Center for Campus Public Safety 

Section 952 authorizes the Attorney General to make grants 

through the Office of Community Oriented Policing Services, to establish and operate a National Center for Campus Public Safety. 

The Center shall provide quality education and training for campus 

public safety officers; foster quality research to strengthen the safety and security of the institutions of higher education in the United 

States; serve as a clearinghouse for the identification and dissemination of information, policies, procedures, and best practices relevant to campus public safety; develop protocols, in conjunction 

with the Attorney General, the Secretary of Homeland Security, 

the Secretary of Education, and state, local and tribal governments 

and law enforcement agencies and others to prevent and protect 

against emergencies or dangerous situations; promote the development and dissemination of effective behavioral threat assessment; 

coordinate campus safety information and resources available; increase cooperation and collaboration to serve institutions of higher 

education; develop model formats for mutual agreements; and report annually to Congress and the Attorney General on activities 

performed by the Center during the previous twelve months. 

This section authorizes $2.75 million for each of the fiscal years 

2008 and 2009 and such sums as may be necessary thereafter. 

Sec. 953. Private loan forgiveness 

Section 953 amends section 209 of title 18 of the United States 

code by adding language that does not prohibit a public or private 

institution of higher education from providing an officer or employee of the executive branch or any independent agency of the 

United States, financial assistance for the purpose of repaying a 

student loan or providing a forbearance of student loan repayment. 

This is permitted provided that forbearance meets additional requirements. 

PART E—STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980

Sec. 961. Establishment of program 

Section 961 amends the Stevenson-Wydler Technology Innovation Act of 1980 by establishing a Minority Serving Institution Digital and Wireless Technology Opportunity program at the Department of Commerce. The purpose of the program is to assist eligible 

institutions to improve the quality and delivery of educational services at eligible institutions. This section authorizes activities under 

the program and establishes an application and review process. 

This section also specifies matching requirements and award 

amounts for grantees. This section also requires grantees to submit 

a report to the Secretary, requires an independent assessment of 

the program, as well as requires a report to Congress. Finally, this 

section specifies terms including an eligible institution and institution of higher education, in addition to other terms. 

Sec. 962. Authorization of appropriations 

Section 962 authorizes $250 million for fiscal year 2008 and such 

sums as may be necessary for fiscal years 2009–2012. 


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TITLE X—PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT

Sec. 1001. Short title 

States that title X may be cited as the ‘‘Private Student Loan 

Transparency and Improvement Act of 2007.’’ 

Sec. 1002. Definitions 

Section 1002 defines the term ‘‘Board’’ as meaning the Board of 

Governors of the Federal Reserve System, the term ‘‘covered institution’’ as any educational institution that offers a postsecondary 

educational degree, certificate, or program of study and includes an 

agent or employee of the educational institution, the terms ‘‘Federal Banking agencies’’ and ‘‘appropriate Federal banking agency’’ 

as the same meaning provided in section 3 of the Federal Depository Insurance Act, the term ‘‘institution of higher education’’ having the same meaning as in section 102 of the Higher Education 

Act of 1965, the term ‘‘postsecondary educational expenses’’ as 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; the term ‘‘private educational lender’’ as any creditor, 

as that term is defined in section 103 of the Truth in Lending Act, 

and ‘‘private educational loan’’ as a loan provided by a private educational lender that is not made, insured, or guaranteed under part 

B of title IV of the Higher Education Act of 1965 and is issued by 

a private educational lender expressly for postsecondary educational expenses to a student or parent of a student, but does not 

include an extension of credit under an open end consumer credit 

plan, a residential mortgage transaction, or any other loan that is 

secured by real property or a dwelling. 

Sec. 1003. Regulations 

Section 1003 provides that the Board shall issue final regulations 

to implement title X and the amendments made by title X not later 

than 180 days after the date of enactment of the title. 

Sec. 1004. Effective dates 

This section states that title X and the amendments made by 

title X shall become effective 180 days after the date on which regulations to carry out the title and the amendments made by the 

title are issued in final form. 

SUBTITLE A—PREVENTING UNFAIR AND DECEPTIVE PRIVATE EDUCATIONAL LENDING PRACTICES AND ELIMINATING CONFLICTS OF INTEREST

Sec. 1011. Amendment to the Truth in Lending Act 

Section 1011 amends Chapter 2 of the Truth in Lending Act by 

inserting a new section 140 titled ‘‘Preventing unfair and deceptive 

private educational lending practices and eliminating conflicts of 

interest.’’ The new section defines ‘‘covered educational institution,’’ 

‘‘institution of higher education,’’ ‘‘postsecondary educational expenses,’’ ‘‘private educational lender,’’ and ‘‘private educational 

loan’’ consistent with the definitions of the terms in section 1002. 

The section further defines the term ‘‘gift’’ as any gratuity, favor, 

discount, entertainment, hospitality, loan, or other item having a 


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monetary value of more than a de minimus amount, including 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. The section states that 

the term gift does not include standard informational material related to a loan or financial literacy; food, refreshments, training, or 

informational material furnished to an employee or agent of an institution, as an integral part of a training session that is designed 

to improve the service of the private educational lender to the institution, if such training contributes to the professional development 

of the employee or agent of the educational institution; or favorable 

terms, conditions, and borrower benefits on an educational loan 

provided to a student employed by the institution, as long as such 

terms, conditions, or benefits are comparable to those provided to 

all students of the institution. In addition, the section defines ‘‘revenue sharing’’ as an arrangement between a covered educational 

institution and a private educational lender under which a lender 

provides educational loans to students at an institution, or to the 

parents of the students, the institution recommends to students the 

lender or loans of a lender, and the lender pays a fee or provides 

other material benefits, including profit or revenue sharing, to the 

institution or to the officers, employees, or agents of the institution 

in connection with loan. The section also prohibits revenue-sharing 

and loan co-branding arrangements between lenders and institutions; prohibits lenders from offering gifts to institutions or employees of institutions; bars officers, employees, or agents of an institution who are employed in the financial aid office of an institution, 

or who otherwise have responsibilities with respect to private education loans, from serving on or otherwise participating with advisory councils of private education lenders of affiliates of such lenders; and, prohibits lenders from charging prepayment penalties on 

private educational loans. 

Sec. 1012. Civil liability 

Section 1012 amends section 130 of the Truth in Lending Act, 

thereby providing for the civil liability of private educational lenders for failure to comply with specified consumer protections and 

provides that an action under section 130 of the Truth in Lending 

Act, in the case of a violation with respect to a private educational 

loan may be brought in any United States district court, or in any 

other court of competent jurisdiction, within one year from the date 

on which the first regular payment of principal is due for a private 

educational loan. 

SUBTITLE B—IMPROVED DISCLOSURES FOR PRIVATE EDUCATIONAL

LOANS

Sec. 1021. Private educational loan disclosures and limitations 

Section 1021 amends the Truth in Lending Act by inserting a 

new section 128 requiring lenders to provide clear and concise disclosures regarding interest rates, fees, terms and conditions of their 

private educational loans to student and parent borrowers in all solicitation, approval and loan consummation material. Lenders are 

also required to disclose to borrowers their potential eligibility for 

federal financial assistance through a program under title IV of the 


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Higher Education Act of 1965, in lieu of, or in addition to, a loan 

from a non-federal source and the interest rates available with respect to such federal financial assistance through a program under 

title IV of the Higher Education Act of 1965. The section also requires lenders to obtain a written acknowledgment from a consumer that the consumer has read and understood the disclosures 

required to be provided by lenders of private educational loans. In 

addition, this section requires that before a lender may issue any 

funds with respect to a private educational loan for an amount 

equal to more than $1,000, the lender shall notify the relevant institution of higher education, in writing, of the proposed extension 

of credit and the amount thereof. The section also requires lenders 

to provide borrowers who have been approved for a loan with a 

thirty-day window to accept the terms of the loan and consummate 

the transaction and that the rates and terms of the loan may not 

be changed by the lender during such period. The section further 

provides borrowers with a right to cancel a loan, without penalty, 

at any time within three business days of the date on which a loan 

is consummated and prohibits a lender from disbursing any funds 

with respect to a private educational loan prior to the expiration 

of this three-day period. In addition, the section defines the term 

‘‘institution of higher education’’ as having the same meaning as in 

section 102 of the Higher Education Act of 1965, the term ‘‘private 

educational lender’’ as any creditor engaged in the business of soliciting, making, or extending private educational loans, and the term 

‘‘private educational loan’’ as a loan provided by a private education lender that is not made, insured, or guaranteed under part 

B of title IV of the Higher Education Act of 1965 and is issued by 

a private educational lender expressly for postsecondary educational expenses to a student or the parent of the student and 

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. 

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

Section 1022 amends section 104(3) of the Truth in Lending Act 

by providing that private educational loans are not among credit 

transactions exempted from requirements of the Truth in Lending 

Act. 

SUBTITLE C—FINANCIAL LITERACY

Sec. 1031. Coordinated education efforts 

This section requires the Secretary of the Treasury, in coordination with the Secretary of Education, the Secretary of Agriculture, 

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 to seek to enhance the financial literacy among students at institutions of higher education via the development of initiatives, programs, and curricula that improve student awareness of the short- and long-term 

costs associated with educational loans and other debt assumed 

while in college, borrowers’ repayment obligations, and rights, and 


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by assisting students in navigating the financial aid process. In addition, the section requires the Secretary of Treasury to identify 

and evaluate programs at institutions of higher education that enhance the financial literacy of college students, and subsequently 

encourage the implementation of such programs that the department finds to be most effective. The section further requires the Financial Literacy and Education Commission to submit a report to 

Congress on the state of financial education among students at institutions of higher education, including a description of progress 

made in enhancing financial education with respect to student understanding of financial aid, and the program and evaluations required under this section. 

SUBTITLE D—STUDY AND REPORT ON NONINDIVIDUAL INFORMATION

Sec. 1041. Study and report on nonindividual information 

This section requires the Comptroller General of the United 

States to prepare a report on the impact of nonindividual factors, 

such as cohort default rate and graduation rates, on the pricing of 

private educational loans among institutions of higher education. 

The section also requires the report to include an examination of 

the extent to which such factors affect the availability of private 

loans to certain borrowers or certain schools. Further, the section 

requires the Comptroller General to submit the report to Congress 

not later than one year after the date of enactment of this title. 

SUBTITLE E—INCENTIVES FOR LOW-COST EDUCATIONAL LOANS

Sec. 1051. CRA credit for low-cost educational loans 

This section amends section 804 of the Community Reinvestment 

Act of 1977 by adding a new subsection (d) that requires the appropriate federal financial supervisory agency to consider, as a factor, 

low-cost educational loans provided by a financial institution to 

low-income borrowers in assessing and taking into account the 

record of a financial institution in meeting the credit needs of its 

local communities. 

VI. EXPLANATION OF AMENDMENTS

The Amendment in the Nature of a Substitute, as amended, is 

explained in the body of this report. 

VII. APPLICATON OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1, the Congressional Accountability Act, requires a description of the application of this bill 

to the legislative branch. H.R. 4137 reauthorizes the Higher Education Act. The bill does not prevent legislative branch employees’ 

coverage under this legislation. 

VIII. UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement of whether the 

provisions of the reported bill include unfunded mandates. H.R. 

4137 contains no intergovernmental or private-sector mandates as 

defined by the Unfunded Mandates Reform Act (UMRA). 


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IX. EARMARK STATEMENT

H.R. 4137 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clauses 9(d), 

9(e), or 9(f) of rule XXI of the House of Representatives. 


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XI. STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS

OF THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

body of this report. 

XII. NEW BUDGET AUTHORITY AND CBO COST ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the 

Committee has received the following estimate for H.R. 4137 from 

the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, December 18, 2007. 

Hon. GEORGE MILLER, 

Chairman, Committee on Education and Labor, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4137, the Higher Education Amendments of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jessica Sherry. 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure. 

H.R. 4137—Higher Education Amendments of 2007 

Summary: H.R. 4137 would reauthorize and amend most postsecondary education programs under the Higher Education Act of 

1965 through 2013. Under the General Education Provisions Act, 

those authorizations would automatically be extended through 

2014. The bill also would create several new student and institutional aid programs and amend several other acts. 

CBO estimates that enacting the bill would increase direct 

spending by $75 million in 2008 and decrease direct spending by 

$27 million over the 2008–2017 period. For discretionary programs, 

CBO estimates that implementing H.R. 4137 would cost $97.4 billion over the 2008–2012 period, assuming appropriation of the necessary amounts. 

H.R. 4137 contains several intergovernmental and private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA). CBO estimates that the aggregate costs to state, local, 

and tribal governments and private entities to comply with those 

mandates would not exceed the thresholds established in UMRA 

($66 million in 2007 and $131 million in 2007, respectively, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4137 is shown in Table 1. The costs of this 


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legislation fall within budget function 500 (education, training, employment, and social services). 

TABLE 1.—ESTIMATED BUDGETARY IMPACT OF H.R. 4137 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 2008–2012 

CHANGES IN DIRECT SPENDING 1

Estimated Budget Authority ................................. ¥3 ¥3 ¥3 ¥3 ¥3 ¥15 

Estimated Outlays ................................................ 75 ¥3 ¥53 ¥28 ¥3 ¥12 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .............................. 504 29,597 30,469 31,342 31,858 123,767 

Estimated Outlays ................................................ 5 7,165 28,278 30,381 31,609 97,435 

Note: Components may not sum to totals because of rounding. 

1 In addition, H.R. 4137 would reduce direct spending by $3 million per year over the 2013–2017 period and by a total of $27 million over the 2008–2017 period. H.R. 4137 also would affect revenues by a negligible amount in every year and over the 2008–2017 period. 

Basis of estimate: For the purposes of this estimate, CBO assumes that H.R. 4137 will be enacted in fiscal year 2008 and that 

sufficient funds will be appropriated for each program. For current 

programs that would remain unchanged, CBO assumes continued 

funding at their 2007 levels adjusted for inflation. The estimate 

does not address the changes to the student loan programs and to 

the Pell Grant Program included in the College Cost Reduction and 

Access Act (CCRAA, Public Law 110–84), which was signed into 

law on September 27, 2007. 

Direct spending and revenues 

CBO estimates that enacting H.R. 4137 would increase direct spending by $75 million in 2008 and decrease it by $27 million over 

the 2008–2017 period. Most of those effects stem from changes affecting eligibility for federal student loan programs and the Academic Competitiveness and SMART Grant programs. 

Federal Student Loan Programs. H.R. 4137 would make several 

changes to the calculations of needs analysis and the rules governing the eligibility of students and institutions for the federal 

student loan programs. Under current law, the ‘‘cohort default 

rate’’ is defined as the percentage of a school’s borrowers who enter 

repayment during one fiscal year and then default prior to the end 

of the next fiscal year. H.R. 4137 would change the definition of the 

cohort default rate by also counting defaults for an additional fiscal 

year, which would raise cohort default rates for many institutions. 

Because schools with a cohort default rate over a specified level are 

ineligible to participate in Title IV student aid programs, CBO 

projects that the change to the definition of the cohort default rate 

would reduce the number of schools eligible to participate in the 

student loan programs. Accordingly, CBO estimates this reduction 

in loan volume would reduce direct spending by $12 million over 

the 2008–2012 period and by $27 million over the 2008–2017 period. 

Academic Competitiveness and SMART Grant Programs. For 

both the Academic Competitiveness Grant and SMART Grant Programs, the bill would adjust how a student’s academic year is determined and expand eligibility to part-time students. Currently, 

only full-time students are eligible for grants. Appropriations for 

those programs are capped at specified amounts and the Secretary 

of Education has the authority to reduce award levels to stay withVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00379 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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in the appropriation. CBO estimates those changes would increase 

outlays by $75 million in fiscal year 2008 and would reduce outlays 

by the same amount in future years. 

Private Student Loan Transparency and Improvement. Title X 

would require the Board of Governors of the Federal Reserve and 

other financial regulatory agencies to issue regulations and supervise compliance with the new lending standards and procedures in 

the bill. Based on information from the Federal Reserve and other 

agencies, those regulatory activities would have no significant effect on their workload or budgets. The budgetary effects on the 

Federal Reserve are recorded as changes in revenues (governmental receipts). Costs incurred by the other financial regulatory 

agencies affect direct spending, but most of those expenses are offset by fees or income from insurance premiums. Thus, CBO estimates that enacting this bill would reduce revenues by less than 

$500,000 in every year and over the 2008–2017 period, and would 

have a negligible net effect on direct spending. 

The National Center for Learning Science and Technology Trust 

Fund. The bill also would create the National Center for Learning 

Science and Technology to support basic and applied research. 

While federal funding for the program would be subject to appropriations (see the discussion below under the heading ‘‘Spending 

Subject to Appropriation’’), the bill would establish a trust fund 

that could accept gifts from nonfederal sources and spend any proceeds. CBO estimates that this trust fund would have a negligible 

affect on revenues and direct spending. 

Spending subject to appropriation 

The bill would reauthorize and amend many of the discretionary 

programs previously authorized by the Higher Education Act of 

1965 and would authorize a number of new discretionary programs. 

In total, CBO estimates that implementing this legislation would 

increase discretionary outlays by $97.4 billion over the 2008–2012 

period, assuming the appropriation of the necessary amounts, as 

shown in Table 2. 

Title I. The title would reauthorize funding for a grant program 

designed to prevent alcohol and drug abuse and would require the 

Department of Education to perform several studies and prepare 

reports. CBO estimates that funding those activities would increase 

outlays by $16 million over the 2008–2012 period. 

Title II. CBO estimates that reauthorizing funding for programs 

in title II would result in outlays of $1.8 billion over the 2008–2012 

period, assuming appropriation of the necessary amounts. 

Title II would authorize the appropriation of $400 million for fiscal year 2009 and such sums as may be necessary for 2010 and 

2011 for two programs that provide grants to aid in the recruitment and professional development of teachers. CBO estimates 

that discretionary costs for those programs would increase by $1.1 

billion over the 2008–2012 period, assuming annual adjustments 

for inflation. 

In addition, title II would authorize the appropriation of such 

sums as may be necessary for 2009 and each of the next four years 

to carry out a new program under which grants would be provided 

to enhance teacher education. Based on data for similar comparative grant awards, CBO estimates that about 600 eligible entities 


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would receive grants under this program in 2009. Accordingly, 

CBO estimates that implementing the Enhancing Teacher Education program would increase discretionary costs by $760 million 

over the 2008–2012 period. 

Title III. This title would reauthorize and amend programs that 

provide aid to institutions and would create several new programs 

for the same purpose. Those programs are designed to give financial assistance to institutions of higher education that serve a high 

percentage of minority and low-income students and to help those 

institutions develop and improve the quality of education they offer 

such students. H.R. 4137 would authorize the appropriation of 

$767 million in 2009 and such sums as may be necessary for 2010 

through 2013 for those programs. Based on historical spending patterns and adjusting for inflation, CBO estimates that implementing 

title III would result in increased outlays of $2.1 billion over the 

2008–2012 period, assuming the appropriation of the estimated 

amounts. 

TABLE 2.—CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4137 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 2008–2012 

Title I: 

Estimated Authorization Level ..................... 0 7 5 5 5 23 

Estimated Outlays ....................................... 0 0 5 5 5 16 

Title II: 

Estimated Authorization Level ..................... 0 681 688 701 291 2,362 

Estimated Outlays ....................................... 0 34 498 626 676 1,834 

Title III: 

Estimated Authorization Level ..................... 0 767 781 795 810 3,153 

Estimated Outlays ....................................... 0 38 561 709 791 2,099 

Title IV: 

Estimated Authorization Level ..................... ¥76 26,464 27,288 28,104 28,982 110,763 

Estimated Outlays ....................................... ¥17 6,791 25,872 27,451 28,416 88,513 

Title V: 

Estimated Authorization Level ..................... 0 300 305 311 317 1,233 

Estimated Outlays ....................................... 0 15 219 277 309 821 

Title VI: 

Estimated Authorization Level ..................... 0 120 122 124 127 493 

Estimated Outlays ....................................... 0 6 88 111 124 328 

Title VII: 

Estimated Authorization Level ..................... 0 355 361 368 375 1,459 

Estimated Outlays ....................................... 0 18 259 328 366 971 

Title VIII: 

Estimated Authorization Level ..................... 2 263 266 271 276 1,079 

Estimated Outlays ....................................... 0 15 192 242 270 719 

Title IX: 

Estimated Authorization Level ..................... 576 639 650 662 675 3,186 

Estimated Outlays ....................................... 21 246 584 632 651 2,134 

Title X: 

Estimated Authorization Level ..................... 2 0 0 0 0 0 

Estimated Outlays ....................................... 1 1 0 0 0 0 

Total: 

Estimated Authorization Level ............ 504 29,597 30,469 31,342 31,858 123,767 

Estimated Outlays .............................. 5 7,165 28,278 30,381 31,609 97,435 

Note: Components may not sum to totals because of rounding. 

Title IV. CBO estimates that implementing title IV would increase discretionary costs by $88.5 billion over the 2008–2012 period for student assistance programs. 

Pell Grant Program. Title IV would make changes to the Pell 

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graduate students. The CCRAA extended the underlying authorization for Pell grants through fiscal year 2017 but did not establish 

a maximum award level for any year. (The maximum award level 

of $4,310 was set most recently in the appropriation for 2007.) H.R. 

4137 would raise the maximum award level from $4,310 to $9,000 

for academic years 2009–2010 through 2013–2014. CBO estimates 

those changes would increase discretionary costs for Pell grants by 

$67.7 billion over the 2009–2012 period. 

The title also would allow students who are enrolled year-round 

at two-year or four-year institutions to receive more than one Pell 

grant for that year and would prohibit grants to individuals that 

meet specific criteria. As discussed above under the heading ‘‘Direct 

Spending,’’ the bill would alter the needs analysis for students and 

definitions and rules relating to institutional eligibility for financial 

aid. CBO estimates that those changes would increase discretionary costs in the Pell Grant Program by approximately $200 million over the 2008–2012 period. 

Perkins Loan Program. The title would require the department 

to cancel an increased number of loans for students who meet specific criteria defined in the bill and who had received Perkins loans 

while enrolled in a institution of higher education. The bill also 

would authorize the Secretary to make increased contributions to 

student loan revolving funds held by colleges and universities for 

fiscal year 2009 and for each of the next five years, which would 

increase the amount of funds that could be loaned out. When those 

loans are cancelled, current law requires the department to reimburse the schools that make those loans for the cost of the loan 

cancellation. (These costs are treated as discretionary costs in the 

budget.) CBO estimates that this provision would increase discretionary costs by $735 million over the 2009–2012 period. 

Loan Forgiveness. Title IV would create a new program to forgive loans to borrowers that work in a variety of public-sector jobs. 

For each year of full-time employment in those jobs, a borrower 

could have up to $2,000 forgiven, up to a lifetime maximum of 

$10,000. The bill would authorize the appropriation of such sums 

as may be necessary for each of fiscal years 2009 through 2013 for 

such loan forgiveness. CBO estimates that this provision would increase discretionary costs by $7.8 billion over the 2008–2012 period. 

Other Programs. Title IV would authorize the appropriation of 

about $4 billion for fiscal year 2009 and such sums as may be necessary for fiscal years 2010 through 2013 for many student assistance programs. This title would further authorize the appropriation 

of such sums as may be necessary for 2009 through 2013 for all 

other student assistance programs under title IV. Based on historical spending patterns, CBO estimates that implementing those 

programs would increase discretionary costs by $12.8 billion over 

the 2009–2012 period. 

Title V. The bill would authorize the appropriation of $300 million in 2009 and such sums as may be necessary for each of the 

next four years to operate programs that provide grants to institutions to help expand and improve educational opportunities for Hispanic Americans. Assuming appropriation of the estimated 

amounts, CBO estimates that implementing those programs would 


bajohnson on PROD1PC71 with REPORTS
381 

cost $821 million over the 2008–2012 period if adjusted annually 

for inflation. 

Title VI. The bill would authorize the appropriation of $108 million in 2009 and such sums as may be necessary for each of the 

next four years to operate existing programs related to international education and foreign language studies. Additionally, the 

bill would authorize the appropriation of such sums as may be necessary in 2009 and for each of the next four years to implement 

new programs detailed in the title. Based on similar programs and 

current spending patterns, CBO estimates that implementing title 

VI would cost $328 million over the 2008–2012 period, assuming 

the appropriation of the estimated amounts. 

Title VII. In total, CBO estimates that providing assistance under title VII would cost $971 million over the 2008–2012 period, 

assuming appropriation of the estimated amounts. Title VII would authorize the appropriation of $180 million in 

2009 and such sums as may be necessary for each of the next four 

years to support a variety of graduate and postsecondary improvement programs. CBO estimates that implementing those programs 

would increase discretionary costs by $312 million over the 2009– 

2012 period. 

Additionally, H.R. 4137 would establish the Patsy T. Mink Fellowship Program and would authorize the annual appropriation of 

such sums as may be necessary for 2009 through 2013. Under this 

program, institutions that receive grants would have to make at 

least 15 fellowship awards consisting of a stipend equal to the level 

of support provided to the graduate fellows at the National Science 

Foundation (NSF). Based on the number of institutions that grant 

advanced degrees in the United States and information from the 

NSF, CBO estimates that implementing this program would increase discretionary costs by $358 million over the 2008–2012 period. 

Title VIII. H.R. 4137 would add title VIII to the Higher Education Act of 1965 and would authorize the department to establish 

several new programs to support institutions of higher education. 

Overall, CBO estimates that it would cost $719 million over the 

2008–2012 period to carry out title VIII, assuming appropriation of 

the estimated amounts. Major provisions of the title would: 

• Authorize grants to improve remedial education. Based on data 

from the National Center for Education Statistics concerning the 

level of participation in remedial education opportunities at institutions of higher education, CBO estimates implementing this would 

increase discretionary costs by $140 million over the 2008–2012 period. 

• Authorize the appropriation of $40 million for 2009 and such 

sums as may be necessary for each of the next four years to give 

grants to institutions to establish degrees that focus on computer 

modeling and simulation. Based on historical spending patterns, 

CBO estimates that implementing that program would increase 

discretionary costs by $109 million over the 2008–2012 period. 

• Create a competitive grant program designed to expand opportunities for worksite learning at institutions of higher education. 

Based on information from industry groups, CBO estimates that 

about 100 partnerships might receive an average grant of $300,000 

in 2009. CBO estimates that providing grants to these partnerships 


bajohnson on PROD1PC71 with REPORTS
382 

would increase discretionary costs by $82 million over the 2008– 

2012 period. 

• Create a competitive grant program to help institutions develop emergency communications systems. Based on information 

from the Department of Education about similar programs, CBO 

estimates that operating this grant program would increase discretionary costs by $68 million over the 2008–2012 period. 

Title IX. CBO estimates that implementing title IX would result 

in outlays of about $2.1 billion over the 2008–2012 period, assuming the appropriation of the estimated amounts. 

Specifically the bill would: 

• Create a program to assist eligible institutions in acquiring 

digital and wireless networking technologies. The bill would authorize the appropriation of $250 million in 2008 and such sums as 

may be necessary to run the program in each year 2009 through 

2012. CBO estimates that implementing this program would increase discretionary costs by $946 million over the 2008–2012 period, assuming annual adjustments for inflation. 

• Amend laws related to providing postsecondary education to 

Native Americans. The bill would allow biological children of enrolled tribe members to be officially counted as Native Americans, 

raise the authorized grant level per individual from $6,000 to 

$8,000 in 2008, and would adjust those levels for inflation. Accounting for those and other changes, CBO estimates that implementing those amendments would increase discretionary costs by 

$434 million over the 2008–2012 period. 

• Reauthorize support for Gallaudet University and the Laurent 

Clerc National Deaf Education Center. Based on the amount provided to Gallaudet University in 2007 ($107 million) and assuming 

annual adjustments for inflation, CBO estimates that providing 

this support would increase discretionary costs by $341 million 

over the 2008–2012 period. 

• Reauthorize programs run by the National Technical Institute 

for the Deaf. Based on the amount provided to the institute in 2007 

($57 million) and assuming annual adjustments for inflation, CBO 

estimates that this provision would increase discretionary costs by 

$178 million over the 2008–2012 period. 

• Expand a program under which grants are provided to states 

for the training of incarcerated individuals. The bill would authorize the appropriation of such sums as may be necessary for fiscal 

years 2008 through 2013 for this program. Based on data from the 

Bureau of Justice Statistics, CBO estimates that the change in the 

age limitation for this program would increase the number of people eligible for services under this program by about 80 percent. 

CBO estimates that implementing this program would increase discretionary costs by $120 million over the 2008–2012 period. 

• Create a new program that would allow the Department of 

Justice to forgive student loans for individuals employed as prosecutors and public defenders. The bill would authorize the appropriation of $25 million for each of the fiscal years 2008 through 

2013 for such loan forgiveness. Based on historical spending patterns, CBO estimates that this loan repayment program would cost 

$83 million over the 2008–2012 period, assuming the appropriation 

of the authorized amounts. 


bajohnson on PROD1PC71 with REPORTS
383 

Title X. This title would direct the Treasury Department and the 

Government Accountability Office to prepare reports on issues related to private-sector financing of post-secondary education. Based 

on information from the affected agencies, CBO estimates that preparing these reports would cost approximately $2 million over the 

2008–2009 period, assuming the availability of appropriated funds. 

Intergovernmental and private-sector impact: H.R. 4137 contains 

several intergovernmental and private-sector mandates as defined 

in UMRA. CBO estimates that the aggregate costs to state, local, 

and tribal governments and private entities to comply with those 

mandates would not exceed the thresholds established in UMRA 

($66 million in 2007 and $131 million in 2007, respectively, adjusted annually for inflation). 

CBO estimates that several of the mandates would impose modest costs on public and private entities. Specifically, the bill would: 

• Require institutions of higher education that increase tuition 

by more than the average across all institutions to create a qualityefficiency task force to review the operations of the institution and 

to report on the factors that lead to the increase. Although as many 

as 1,500 institutions may be required to produce such reports, CBO 

expects the cost to produce such reports to be modest. 

• Require institutions of higher education to provide textbook information as part of their class schedules. Most schools currently 

post those schedules online and have mechanisms for collecting 

course information from professors. This mandate would require 

small modifications to those systems. 

• Prohibit public and private colleges and universities from receiving gifts from private lenders in exchange for any advantage or 

consideration provided to those lenders. Those schools also would 

be prohibited from engaging in revenue-sharing agreements and cobranding with private lenders. CBO estimates the direct cost to 

comply with that mandate would be small because the prohibited 

practices are rare. 

• Increase disclosure requirements for public and private lenders 

who make educational loans not backed by the federal government. 

The bill would require lenders to give applicants a certain period 

of time to accept a loan after approval and to change their minds 

after accepting. The direct cost of initially complying with these 

mandates would include the cost to a small number of lenders of 

developing and reviewing new disclosure information for advertising and modifying existing disclosure forms. According to industry sources, the major ongoing cost would be the cost of fielding 

questions about the new and somewhat different disclosure forms. 

• Require publishers of college textbooks, including public university presses, to provide certain information to those individuals 

that make decisions on which texts are used in classes. This information is readily available to publishers and CBO estimates the 

cost of disseminating it would be modest. 

• Require those publishers to make supplemental materials normally sold with textbooks available for purchase separately. According to industry sources, the components of textbooks packaged 

with other materials are generally available for separate purchase. 

Furthermore, the added packaging and administrative costs would 

be modest. 


bajohnson on PROD1PC71 with REPORTS
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The bill contains several additional intergovernmental and private-sector mandates. CBO expects, however, that these requirements would not impose significant costs on public or private entities. Specifically, the bill would: 

• Require institutions of higher education that have students 

who obtain private educational loans to develop and publish a code 

of conduct that prohibits a conflict of interest with respect to educational loans. 

• Require institutions that have lost recognition by the Secretary 

of Education as a legitimate institution for immigration and federal 

employment hiring purposes to remove an indication on its web site 

that it has that recognition. 

• Require institutions to submit a report to the Secretary if they 

require servicemembers who had to withdraw from school because 

they were called to active duty to reapply for admission before returning to classes. 

• Preempt certain state contract laws as they apply to Perkins 

educational loans. Some states allow loan repayment agreements 

and other contracts to be broken if the borrower was a minor when 

the contract was signed. If this bill is enacted, those state laws 

would no longer apply to contracts for Perkins loans. The provision 

would benefit public and private colleges and universities that are 

seeking repayment on loans that could otherwise be disputed under 

state law. 

The bill also would authorize funding for student aid and higher 

education programs and increase requirements for public colleges 

and universities that participate in voluntary federal programs. 

Any costs to those institutions or to state, local, or tribal governments would result from complying with conditions of federal assistance. 

Comparison to previous estimates: On November 14, 2007, CBO 

transmitted a cost estimate for S. 1642, the Higher Education 

Amendments of 2007, as ordered reported by the Senate Committee 

on Health, Education, Labor, and Pensions on July 10, 2007. Differences between that estimate and this estimate reflect differences 

in the legislation. 

Specifically, CBO estimated that implementing S. 1642 would increase discretionary costs by $53.2 billion over the 2008–2012 period, and that implementing H.R. 4137 would increase discretionary outlays by $97.4 billion over the same period. Most of the 

difference is due to changes in the Pell Grant program and a new 

loan forgiveness program under title IV. 

On October 4, 2007, CBO transmitted a cost estimate for the Private Student Loan Transparency and Improvement Act as ordered 

reported by the Senate Committee on Banking, Housing, and 

Urban Affairs on August 1, 2007. Both versions of the legislation 

are similar and the estimated costs are identical. 

Estimate prepared by: Federal Costs: Discretionary Costs—Jessica Sherry; Mandatory Costs—Justin Humphrey; Revenues—Barbara Edwards. Impact on State, Local, and Tribal Governments: 

Melissa Merrell. Impact on the Private Sector: Nabeel Alsalam. 

Estimate approved by: Keith Fontenot, Deputy Assistant Director 

for Health and Human Resources, Budget Analysis Division. 


bajohnson on PROD1PC71 with REPORTS
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XIII. STATEMENT OF GENERAL PERFORMANCE GOALS AND

OBJECTIVES

In accordance with clause 3(c) of rule XIII of the Rules of the 

House of Representatives, the goal of H.R. 4137 is to make college 

more affordable and accessible. The Committee expects the Department of Education and other relevant departments to comply with 

H.R. 4137 and implement the changes to the law in accordance 

with these stated goals. 

XIV. CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress in the Constitution to 

enact the law proposed by H.R. 4137. The Committee believes that 

the amendments made by this bill are within Congress’ authority 

under Article I, section 8, clause 18 of the U.S. Constitution. 

XV. COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison of the costs 

that would be incurred in carrying out H.R. 4137. However, clause 

3(d)(3)(B) of that rule provides that this requirement does not 

apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional 

Budget Act. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

HIGHER EDUCATION ACT OF 1965 

* * * * * * * 

TITLE I—GENERAL PROVISIONS 

PART A—DEFINITIONS 

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

(a) INSTITUTION OF HIGHER EDUCATION.—For purposes of this 

Act, other than title IV, the term ‘‘institution of higher education’’ 

means an educational institution in any State that— 

(1) * * * 

* * * * * * * 

(3) provides an educational program for which the institution 

awards a bachelor’s degree or provides not less than a 2-year 

program that is acceptable for full credit toward such a degree, 

or awards a degree that is acceptable for admission to a gradVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00387 Fmt 6659 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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uate or professional degree program, subject to review and approval by the Secretary; 

* * * * * * * 

(b) ADDITIONAL INSTITUTIONS INCLUDED.—For purposes of this 

Act, other than title IV, the term ‘‘institution of higher education’’ 

also includes— 

(1) * * * 

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

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

admits as regular students persons who are beyond the age of 

compulsory school attendance in the State in which the institution is located.¿ 

(2) a public or nonprofit private educational institution in 

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

admits as regular students persons— 

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

(B) who will be dually or concurrently enrolled in the institution and a secondary school. 

* * * * * * * 

SEC. 102. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR 

PURPOSES OF TITLE IV PROGRAMS. 

(a) DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR PURPOSES OF TITLE IV PROGRAMS.— 

(1) * * * 

(2) INSTITUTIONS OUTSIDE THE UNITED STATES.— 

(A) IN GENERAL.—For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions 

outside the United States and for the determination that 

such institutions are comparable to an institution of higher 

education as defined in section 101 (except that a graduate 

medical school, nursing school, or a veterinary school, located outside the United States shall not be required to 

meet the requirements of section 101(a)(4)). Such criteria 

shall include a requirement that a student attending such 

school outside the United States is ineligible for loans 

made, insured, or guaranteed under part B of title IV unless— 

(i) in the case of a graduate medical school located 

outside the United States— 

(I)(aa) * * * 

* * * * * * * 

(bb) at least 60 percent of the individuals who 

were students or graduates of the graduate medical school outside the United States or Canada 

(both nationals of the United States and others) 

taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a 

loan under part B of title IV; øor¿ 


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ø(II) the institution has a clinical training program that was approved by a State as of January 

1, 1992; or¿ 

(II) the institution has or had a clinical training 

program that was approved by a State as of January 1, 1992, and continues to operate a clinical 

training program in at least one State, which is 

approved by that State; or 

(III) the institution— 

(aa) has a clinical training program that 

was approved by a State before January 1, 

2008; 

(bb) certifies only unsubsidized Stafford or 

PLUS loans under part B of title IV to graduate and professional students attending the 

institution; and 

(cc) agrees to reimburse the Secretary for the 

cost of any loan defaults for students included 

in the institution’s cohort default rate during 

the previous fiscal year; or 

(ii) in the case of a veterinary school located outside 

the United States that does not meet the requirements 

of section 101(a)(4), the institution’s students complete 

their clinical training at an approved veterinary school 

located in the United Statesø.¿; or 

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

the United States, the institution— 

(I) has agreements with hospitals and eligible 

nursing schools located in the United States that 

include provisions for students to complete their 

clinical training at such hospitals and eligible 

nursing schools; 

(II) certifies only unsubsidized Stafford and 

PLUS loans under part B of title IV for students 

attending the institution; and 

(III) agrees to reimburse the Secretary for the 

cost of any loan defaults to the extent that the institution’s cohort default rate exceeds 5 percent. 

* * * * * * * 

(b) PROPRIETARY INSTITUTION OF HIGHER EDUCATION.— 

(1) PRINCIPAL CRITERIA.—For the purpose of this section, the 

term ‘‘proprietary institution of higher education’’ means a 

school that— 

(A) * * * 

* * * * * * * 

(D) is accredited by a nationally recognized accrediting 

agency or association recognized by the Secretary pursuant 

to part H of title IV; and 

(E) has been in existence for at least 2 yearsø; and¿. 

ø(F) has at least 10 percent of the school’s revenues from 

sources that are not derived from funds provided under 

title IV, as determined in accordance with regulations prescribed by the Secretary.¿ 


bajohnson on PROD1PC71 with REPORTS
388 

ø(2) ADDITIONAL INSTITUTIONS.—The term ‘‘proprietary institution of higher education’’ also includes a proprietary educational institution in any State that, in lieu of the requirement in paragraph (1) of section 101(a), admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.¿ 

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

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

(c) POSTSECONDARY VOCATIONAL INSTITUTION.— (1) * * * 

ø(2) ADDITIONAL INSTITUTIONS.—The term ‘‘postsecondary vocational institution’’ also includes an educational institution in 

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

section 101(a), admits as regular students persons who are beyond the age of compulsory school attendance in the State in 

which the institution is located.¿ 

(2) ADDITIONAL INSTITUTIONS.—The term ‘‘postsecondary vocational institution’’ also includes an educational institution in 

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

admits as regular students 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. 

SEC. 103. ADDITIONAL DEFINITIONS. 

In this Act: 

(1) AUTHORIZING COMMITTEES.—The term ‘‘authorizing committees’’ means the Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on Education 

and Labor of the House of Representatives. 

ø(1)¿ (2) COMBINATION OF INSTITUTIONS OF HIGHER EDU- CATION.—The term ‘‘combination of institutions of higher education’’ means a group of institutions of higher education that 

have entered into a cooperative arrangement for the purpose of 

carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created 

by a group of institutions of higher education for the purpose 

of carrying out a common objective on the group’s behalf. 

(3) 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. 149, 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. 

Stafford Elementary and Secondary School Improvement 

Amendments of 1988)), except that in 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 naVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00390 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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tional security, economic competitiveness, and educational 

needs of the United States. 

ø(2)¿ (4) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Education. 

ø(3)¿ (5) DISABILITY.—The term ‘‘disability’’ has the same 

meaning given that term under section 3(2) of the Americans 

With Disabilities Act of 1990. 

(6) DISTANCE EDUCATION.— (A) IN GENERAL.—Except as otherwise provided, the term 

‘‘distance education’’ means education that uses 1 or more 

of the technologies described in subparagraph (B)— 

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

(ii) to support regular and substantive interaction between the students and the instructor, synchronously or 

asynchronously. 

(B) INCLUSIONS.—For the purposes of subparagraph (A), 

the technologies used may include— 

(i) the Internet; 

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

open broadcast, closed circuit, cable, microwave, 

broadband lines, fiber optics, satellite, or wireless communications devices; 

(iii) audio conferencing; or 

(iv) video cassette, DVDs, and CD–ROMs, if the cassette, DVDs, and CD–ROMs are used in a course in 

conjunction with the technologies listed in clauses (i) 

through (iii). 

ø(4)¿ (7) ELEMENTARY SCHOOL.—The term ‘‘elementary 

school’’ has the same meaning given that term under section 

9101 of the Elementary and Secondary Education Act of 1965. 

ø(5)¿ (8) GIFTED AND TALENTED.—The term ‘‘gifted and talented’’ has the same meaning given that term under section 

9101 of the Elementary and Secondary Education Act of 1965. 

(9) HIGH-NEED SCHOOL.—Except with respect to title II, the 

term ‘‘high-need school’’ means a public or nonprofit private elementary or secondary school which is in a local educational 

agency which is eligible for assistance pursuant to title I of the 

Elementary and Secondary Education Act of 1965 in the applicable fiscal year, and which for the purpose of this paragraph 

and for that year was determined by the Secretary (pursuant to 

regulations and after consultation with the State educational 

agency of the State in which the school is located) to be a school 

in which the enrollment of children counted under section 

1113(a)(5) of the Elementary and Secondary Education Act of 

1965 exceeds 30 percent of the total enrollment of that school. 

(10) LIMITED ENGLISH PROFICIENT.—The term ‘‘limited 

English proficient’’ has the meaning given such term in section 

9101 of the Elementary and Secondary Education Act of 1965. 

ø(6)¿ (11) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local 

educational agency’’ has the same meaning given that term 

under section 9101 of the Elementary and Secondary Education Act of 1965. 

ø(7)¿ (12) NEW BORROWER.—The term ‘‘new borrower’’ when 

used with respect to any date means an individual who on that 


bajohnson on PROD1PC71 with REPORTS
390 

date has no outstanding balance of principal or interest owing 

on any loan made, insured, or guaranteed under title IV. 

ø(8)¿ (13) NONPROFIT.—The term ‘‘nonprofit’’ as applied to a 

school, agency, organization, or institution means a school, 

agency, organization, or institution owned and operated by one 

or more nonprofit corporations or associations, no part of the 

net earnings of which inures, or may lawfully inure, to the 

benefit of any private shareholder or individual. 

ø(9)¿ (14) SCHOOL OR DEPARTMENT OF DIVINITY.—The term 

‘‘school or department of divinity’’ means an institution, or a 

department or a branch of an institution, the program of instruction of which is designed for the education of students— 

(A) * * * 

* * * * * * * 

ø(10)¿ (15) SECONDARY SCHOOL.—The term ‘‘secondary 

school’’ has the same meaning given that term under section 

9101 of the Elementary and Secondary Education Act of 1965. 

ø(11)¿ (16) SECRETARY.—The term ‘‘Secretary’’ means the 

Secretary of Education. 

ø(12)¿ (17) SERVICE-LEARNING.—The term ‘‘service-learning’’ 

has the same meaning given that term under section 101(23) 

of the National and Community Service Act of 1990. 

ø(13)¿ (18) SPECIAL EDUCATION TEACHER.—The term ‘‘special 

education teacher’’ means teachers who teach children with 

disabilities as defined in section 602 of the Individuals with 

Disabilities Education Act. 

ø(14)¿ (19) STATE EDUCATIONAL AGENCY.—The term ‘‘State 

educational agency’’ has the same meaning given that term 

under section 9101 of the Elementary and Secondary Education Act of 1965. 

ø(15)¿ (20) STATE HIGHER EDUCATION AGENCY.—The term 

‘‘State higher education agency’’ means the officer or agency 

primarily responsible for the State supervision of higher education. 

ø(16)¿ (21) STATE; FREELY ASSOCIATED STATES.— 

(A) * * * 

* * * * * * * 

(22) UNIVERSAL DESIGN.—The term ‘‘universal design’’ means 

a concept or philosophy for designing and delivering products 

and services that are usable by people with the widest possible 

range of functional capabilities, which include products and 

services that are directly accessible (without requiring assistive 

technologies) and products and services that are interoperable 

with assistive technologies. 

(23) UNIVERSAL DESIGN FOR LEARNING.—The term ‘‘universal 

design for learning’’ means a research-based framework for designing curriculum (including goals, methods, materials, and 

assessments) that— 

(A) provides curricular flexibility in the ways information 

is presented, in the ways students respond or demonstrate 

knowledge, and in the ways students are engaged; and 

(B) reduces barriers in instruction and assessment, provides appropriate supports and challenges, and maintains 


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391 

high achievement standards for all students, including students with disabilities. 

PART B—ADDITIONAL GENERAL PROVISIONS 

* * * * * * * 

SEC. 113. øTREATMENT OF TERRITORIES AND TERRITORIAL STUDENT 

ASSISTANCE¿ TERRITORIAL WAIVER AUTHORITY. 

ø(a) WAIVER AUTHORITY.—¿The Secretary is required to waive 

the eligibility criteria of any postsecondary education program administered by the Department where such criteria do not take into 

account the unique circumstances in Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern 

Mariana Islands, and the Freely Associated States. 

ø(b) ELIGIBILITY.—Notwithstanding any other provision of law, 

an institution of higher education that is located in any of the Freely Associated States, rather than in another State, shall be eligible, 

if otherwise qualified, for assistance under chapter 1 of subpart 2 

of part A of title IV. This subsection shall cease to be effective on 

September 30, 2004.¿ 

øSEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL 

QUALITY AND INTEGRITY. 

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

National Advisory Committee on Institutional Quality and Integrity (hereafter in this section referred to as the ‘‘Committee’’), 

which shall be composed of 15 members appointed by the Secretary 

from among individuals who are representatives of, or knowledgeable concerning, education and training beyond secondary education, including representatives of all sectors and types of institutions of higher education (as defined in section 102), to assess the 

process of eligibility and certification of such institutions under 

title IV and the provision of financial aid under title IV. 

ø(b) TERMS OF MEMBERS.—Terms of office of each member of the 

Committee shall be 3 years, except that any member appointed to 

fill a vacancy occurring prior to the expiration of the term for 

which the member’s predecessor was appointed shall be appointed 

for the remainder of such term. 

ø(c) PUBLIC NOTICE.—The Secretary shall— 

ø(1) annually publish in the Federal Register a list containing the name of each member of the Committee and the 

date of the expiration of the term of office of the member; and 

ø(2) publicly solicit nominations for each vacant position or 

expiring term of office on the Committee. 

ø(d) FUNCTIONS.—The Committee shall— 

ø(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; 

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

a specific accrediting agency or association; 

ø(3) advise the Secretary with respect to the preparation and 

publication of the list of nationally recognized accrediting agencies and associations; 

ø(4) develop and recommend to the Secretary standards and 

criteria for specific categories of vocational training institutions 


bajohnson on PROD1PC71 with REPORTS
392 

and institutions of higher education for which there are no recognized accrediting agencies, associations, or State agencies, in 

order to establish the eligibility of such institutions on an interim basis for participation in federally funded programs; 

ø(5) advise the Secretary with respect to the eligibility and 

certification process for institutions of higher education under 

title IV, together with recommendations for improvements in 

such process; 

ø(6) advise the Secretary with respect to the relationship between— 

ø(A) accreditation of institutions of higher education and 

the certification and eligibility of such institutions; and 

ø(B) State licensing responsibilities with respect to such 

institutions; and 

ø(7) carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may 

prescribe. 

ø(e) MEETING PROCEDURES.—The Committee shall meet not less 

than twice each year at the call of the Chairperson. The date of, 

and agenda for, each meeting of the Committee shall be submitted 

in advance to the Secretary for approval. A representative of the 

Secretary shall be present at all meetings of the Committee. 

ø(f) REPORT.—Not later than November 30 of each year, the 

Committee shall make an annual report through the Secretary to 

Congress. The annual report shall contain— 

ø(1) a list of the members of the Committee and their addresses; 

ø(2) a list of the functions of the Committee; 

ø(3) a list of dates and places of each meeting during the preceding fiscal year; and 

ø(4) a summary of the activities, findings and recommendations made by the Committee during the preceding fiscal year. 

ø(g) TERMINATION.—The Committee shall cease to exist on September 30, 2004.¿ 

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 

such institutions under title IV. 

(b) MEMBERSHIP.— 

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

which— 

(A) 6 members shall be appointed by the Secretary; 

(B) 6 members shall be appointed by the Speaker of the 

House of Representatives, 3 members on the recommendation of the majority leader of the House of Representatives, 

and 3 members on the recommendation of the minority 

leader of the House of Representatives; and 

(C) 6 members shall be appointed by the President pro 

tempore of the Senate, 3 members on the recommendation 

of the majority leader of the Senate, and 3 members on the 

recommendation of the minority leader of the Senate. 


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(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 6 years, except that any member appointed to fill a vacancy 

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

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

the same manner as the original appointment was made not 

later than 90 days after the vacancy 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) 3 years for members appointed under paragraph 

(1)(A); 

(B) 4 years for members appointed under paragraph 

(1)(B); and 

(C) 6 years for members appointed under paragraph 

(1)(C). 

(6) CHAIRPERSON.—The members of the Committee shall select a chairperson from among the members. 

(c) FUNCTIONS.—The Committee shall— 

(1) advise the Secretary with respect to establishment and enforcement of the standards of accrediting agencies or associations under subpart 2 of part H of title IV; 

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

specific accrediting agency or association; 

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

publication of the list of nationally recognized accrediting agencies and associations; 

(4) advise the Secretary with respect to the eligibility and certification process for institutions of higher education under title 

IV, together with recommendations for improvements in such 

process; 

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

(A) accreditation of institutions of higher education and 

the certification and eligibility of such institutions; and 

(B) State licensing responsibilities with respect to such 

institutions; 


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(6) take into consideration the complaints, and the resolution 

of such complaints, received by the ombudsman described in 

section 497 when advising the Secretary with respect to the recognition of a specific accrediting agency or association; and 

(7) 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) FEDERAL ADVISORY COMMITTEE ACT.—The provisions of 

the Federal Advisory Committee Act (5 U.S.C. App.) shall apply 

to the Committee, except that section 14 of such Act shall not 

apply. 

(e) LIMITATION.—The Committee shall not recommend denial of 

an application related to the recognition of an accrediting agency or 

association for any reason other than a reason set forth in section 

496. 

(f) REPORT AND NOTICE.— 

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

Federal Register— 

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

(i) the member’s name; 

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

office; and 

(iii) the individual described in subsection (b)(1) who 

appointed the member; and 

(B) a solicitation of nominations for each expiring term 

of office on the Committee of a member appointed by the 

Secretary. 

(2) REPORT.—Not later than September 30 of each year, the 

Committee shall make an annual report to the Secretary, the 

authorizing committees, and the public. The annual report 

shall contain— 

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

and the findings and recommendations made by, the Committee during the preceding fiscal year; 

(B) a list of the date and location of each meeting during 

the preceding fiscal year; 


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(C) a list of the members of the Committee and appropriate contact information; and 

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

any additional functions established by the Secretary 

through regulation. 

(g) TERMINATION.—The Committee shall terminate on September 

30, 2012. 

* * * * * * * 

SEC. 120. DRUG AND ALCOHOL ABUSE PREVENTION. 

(a) RESTRICTION ON ELIGIBILITY.—Notwithstanding any other 

provision of law, no institution of higher education shall be eligible 

to receive funds or any other form of financial assistance under any 

Federal program, including participation in any federally funded or 

guaranteed student loan program, unless the institution certifies to 

the Secretary that the institution has adopted and has implemented a program to prevent the use of illicit drugs and the abuse 

of alcohol by students and employees that, at a minimum, includes— 

(1) * * * 

(2) a biennial review by the institution of the institution’s 

program to— 

(A) determine the program’s effectiveness and implement changes to the program if the changes are needed; 

øand¿ 

(B) determine the number of drug and alcohol-related incidents and fatalities that— 

(i) occur on the institution’s property or as part of 

any of the institution’s activities; and 

(ii) are reported to the institution; 

(C) determine the number and type of sanctions described 

in paragraph (1)(E) that are imposed by the institution as 

a result of drug and alcohol-related incidents and fatalities 

on the institution’s property or as part of any of the institution’s activities; and 

ø(B)¿ (D) ensure that the sanctions required by paragraph (1)(E) are consistently enforced. 

* * * * * * * 

(e) ALCOHOL AND DRUG ABUSE PREVENTION GRANTS.— 

(1) * * * 

* * * * * * * 

(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection $5,000,000 

for fiscal year ø1999¿ 2009 and such sums as may be necessary 

for each of the 4 succeeding fiscal years. 

ø(f) NATIONAL RECOGNITION AWARDS.— 

ø(1) PURPOSE.—It is the purpose of this subsection to provide 

models of innovative and effective alcohol and drug abuse prevention programs in higher education and to focus national attention on exemplary alcohol and drug abuse prevention efforts. 

ø(2) AWARDS.— 

ø(A) IN GENERAL.—The Secretary shall make 5 National 

Recognition Awards for outstanding alcohol prevention 


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programs and 5 National Recognition Awards for outstanding drug abuse prevention programs, on an annual 

basis, to institutions of higher education that— 

ø(i) have developed and implemented innovative and 

effective alcohol prevention programs or drug abuse 

prevention programs; and 

ø(ii) with respect to an application for an alcohol 

prevention program award, demonstrate in the application submitted under paragraph (3) that the institution has undertaken efforts designed to change the 

culture of college drinking consistent with the review 

criteria described in paragraph (3)(C)(iii). 

ø(B) CEREMONY.—The awards shall be made at a ceremony in Washington, D.C. 

ø(C) DOCUMENT.—The Secretary shall publish a document describing the alcohol and drug abuse prevention 

programs of institutions of higher education that receive 

the awards under this subsection and disseminate the document nationally to all public and private secondary school 

guidance counselors for use by secondary school juniors 

and seniors preparing to enter an institution of higher 

education. The document shall be disseminated not later 

than January 1 of each academic year. 

ø(D) AMOUNT AND USE.—Each institution of higher education selected to receive an award under this subsection 

shall receive an award in the amount of $50,000. Such 

award shall be used for the maintenance and improvement 

of the institution’s outstanding prevention program for the 

academic year following the academic year for which the 

award is made. 

ø(3) APPLICATION.— ø(A) IN GENERAL.—Each institution of higher education 

desiring an award under this subsection 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— 

ø(i) a clear description of the goals and objectives of 

the prevention program of the institution; 

ø(ii) a description of program activities that focus on 

alcohol or drug policy issues, policy development, 

modification, or refinement, policy dissemination and 

implementation, and policy enforcement; 

ø(iii) a description of activities that encourage student and employee participation and involvement in 

activity development and implementation; 

ø(iv) the objective criteria used to determine the effectiveness of the methods used in such programs and 

the means used to evaluate and improve the programs’ 

efforts; 

ø(v) a description of special initiatives used to reduce high-risk behavior or increase low-risk behavior; 

and 

ø(vi) a description of coordination and networking 

efforts that exist in the community in which the institution is located for purposes of such programs. 


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ø(B) APPLICATION REVIEW.—The Secretary shall appoint 

a committee to review applications submitted under this 

paragraph. The committee may include representatives of 

Federal departments or agencies the programs of which include alcohol abuse prevention and education efforts and 

drug abuse prevention and education efforts, directors or 

heads (or their representatives) of professional associations 

that focus on alcohol and drug abuse prevention efforts, 

and non-Federal scientists who have backgrounds in social 

science evaluation and research methodology and in education. Decisions of the committee shall be made directly 

to the Secretary without review by any other entity in the 

Department. 

ø(C) REVIEW CRITERIA.—The committee described in subparagraph (B) shall develop specific review criteria for reviewing and evaluating applications submitted under this 

paragraph. The review criteria shall include— 

ø(i) measures of the effectiveness of the program of 

the institution, that includes changes in the campus 

alcohol or other drug environment or the climate and 

changes in alcohol or other drug use before and after 

the initiation of the program; 

ø(ii) measures of program institutionalization, including— 

ø(I) an assessment of needs of the institution; 

ø(II) the institution’s alcohol and drug policies, 

staff and faculty development activities, drug prevention criteria, student, faculty, and campus 

community involvement; and 

ø(III) whether the program will be continued 

after the cessation of Federal funding; and 

ø(iii) with respect to an application for an alcohol 

prevention program award, criteria for determining 

whether the institution has policies in effect that— 

ø(I) prohibit alcoholic beverage sponsorship of 

athletic events, and prohibit alcoholic beverage 

advertising inside athletic facilities; 

ø(II) prohibit alcoholic beverage marketing on 

campus, which may include efforts to ban alcohol 

advertising in institutional publications or efforts 

to prohibit alcohol-related advertisements at campus events; 

ø(III) establish or expand upon alcohol-free living arrangements for all college students; 

ø(IV) establish partnerships with community 

members and organizations to further alcohol prevention efforts on campus and the areas surrounding campus; and 

ø(V) establish innovative communications programs involving students and faculty in an effort 

to educate students about alcohol-related risks. 

ø(4) ELIGIBILITY.—In order to be eligible to receive a National Recognition Award an institution of higher education 

shall— 

ø(A) offer an associate or baccalaureate degree; 


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ø(B) have established an alcohol abuse prevention and 

education program or a drug abuse prevention and education program; 

ø(C) nominate itself or be nominated by others, such as 

professional associations or student organizations, to receive the award; and 

ø(D) not have received an award under this subsection 

during the 5 academic years preceding the academic year 

for which the determination is made. 

ø(5) AUTHORIZATION OF APPROPRIATIONS.— 

ø(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection $750,000 for fiscal year 

1999. 

ø(B) AVAILABILITY.—Funds appropriated under subparagraph (A) shall remain available until expended.¿ 

SEC. 121. PRIOR RIGHTS AND OBLIGATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.— (1) PRE-1987 PARTS C AND D OF TITLE VII.—There are authorized to be appropriated such sums as may be necessary for fiscal year ø1999 and for each of the 4 succeeding fiscal years¿ 

2009 and for each succeeding fiscal year to pay obligations incurred prior to 1987 under parts C and D of title VII, as such 

parts were in effect before the effective date of the Higher Education Amendments of 1992. 

(2) POST-1992 AND PRE-1998 PART C OF TITLE VII.—There are 

authorized to be appropriated such sums as may be necessary 

for fiscal year ø1999 and for each of the 4 succeeding fiscal 

years¿ 2009 and for each succeeding fiscal year to pay obligations incurred prior to the date of enactment of the Higher 

Education Amendments of 1998 under part C of title VII, as 

such part was in effect during the period— 

(A) * * * 

* * * * * * * 

PART C—COST OF HIGHER EDUCATION 

SEC. 131. IMPROVEMENTS IN MARKET INFORMATION AND PUBLIC ACCOUNTABILITY IN HIGHER EDUCATION. 

(a) IMPROVED DATA COLLECTION.— 

(1) * * * 

* * * * * * * 

(3) INFORMATION TO INSTITUTIONS.—The Commissioner of 

Education Statistics shall— 

(A) * * * 

(B) not later than 90 days after the date of enactment 

of the Higher Education Amendments of 1998, report the 

definitions to each institution of higher education and 

within a reasonable period of time thereafter inform the 

øCommittee on Labor and Human Resources of the Senate 

and the Committee on Education and the Workforce of the 

House of Representatives¿ authorizing committees of those 

definitions; and 

* * * * * * * 


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ø(d) STUDENT AID RECIPIENT SURVEY.—(1) The Secretary shall 

survey student aid recipients on a regular cycle, but not less than 

once every 3 years— 

ø(A) to identify the population of students receiving Federal 

student aid; 

ø(B) to determine the income distribution and other socioeconomic characteristics of federally aided students; 

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

and private sources received by students from all income 

groups; 

ø(D) to describe the debt burden of loan recipients and their 

capacity to repay their education debts; and 

ø(E) to disseminate such information in both published and 

machine readable form. 

ø(2) The survey shall be representative of full-time and parttime, undergraduate, graduate, and professional and current and 

former students in all types of institutions, and should be designed 

and administered in consultation with the Congress and the postsecondary education community.¿ 

(d) PROMOTION OF THE DEPARTMENT OF EDUCATION FEDERAL

STUDENT FINANCIAL AID WEBSITE.—The Secretary— 

(1) shall display a link to the Federal student financial aid 

website of the Department of Education in a prominent place on 

the homepage of the Department of Education website; and 

(2) may use administrative funds available for the Department’s operations and expenses for the purpose of advertising 

and promoting the availability of the Federal student financial 

aid website. 

(e) PROMOTION OF AVAILABILITY OF INFORMATION CONCERNING

STUDENT FINANCIAL AID PROGRAMS OF OTHER DEPARTMENTS AND

AGENCIES.— 

(1) AVAILABILITY OF INFORMATION.—The Secretary shall ensure that the eligibility requirements, application procedures, financial terms and conditions, and other relevant information 

for each non-departmental student financial assistance program 

are easily accessible through the Federal student financial aid 

website and are incorporated into the search matrix on such 

website in a manner that permits students and parents to readily identify the programs that are appropriate to their needs 

and eligibility. 

(2) AGENCY RESPONSE.—Each Federal department and agency shall promptly respond to surveys or other requests for the 

information required by paragraph (1), and shall identify for 

the Secretary any non-departmental student financial assistance program operated, sponsored, or supported by such Federal department or agency. 

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

‘‘non-departmental 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 on institution of higher education; and 


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

SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION. 

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

for public institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which 

is— 

(1) equal to or greater than the average amount provided by 

such State to such institutions of higher education during the 

5 most recent preceding academic years for which satisfactory 

data are available; or 

(2) equal to or greater than the amount provided by such 

State to such institutions of higher education during the preceding academic year. 

(b) 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 decline in the financial resources of a State or State educational agency, as appropriate. 

(c) 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 (b) any amount that would otherwise be available to the State under section 415E until such State has made significant efforts to correct such violation. 

(d) RESEARCH INTO COST CONTAINMENT METHODS.—The Secretary is authorized— 

(1) to identify methods of cost containment currently utilized 

by institutions of higher education and systems of such institutions, and research into other possible methods of cost containment; 

(2) to disseminate— 

(A) the information obtained by such research to such institutions and systems; and 

(B) other information concerning research that has identified successful methods of cost containment; 

(3) to publicly recognize institutions of higher education that 

are doing an effective job at cost containment; and 

(4) to work together with such institutions and systems to implement these methods. 

SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 

(a) NET PRICE.—In this section, the term ‘‘net price’’ means the average yearly tuition and fees paid by a full-time undergraduate student at an institution of higher education, after discounts and 

grants from the institution, the Federal Government, or a State have 

been applied to the full price of tuition and fees at the institution. 

(b) HIGHER EDUCATION PRICE INDEX.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of the College Opportunity and Affordability Act of 

2007, the Bureau of Labor Statistics, in consultation with the 

Commissioner of Education Statistics and representatives of institutions of higher education, shall develop higher education 


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price indices that accurately reflect the annual change in tuition and fees for undergraduate students in the categories of institutions listed in paragraph (2). Such indices shall be updated 

annually. Prior to the completion of the higher education price 

index, the Secretary is authorized to use an alternative, comparable index. 

(2) DEVELOPMENT.—The higher education price indices under 

paragraph (1) shall be developed for each of the following categories: 

(A) 4-year public institutions of higher education. 

(B) 4-year private, nonprofit institutions of higher education. 

(C) 4-year private, for-profit institutions of higher education. 

(D) 2-year public institutions of higher education. 

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

(F) 2-year private, for-profit institutions of higher education. 

(G) Less than 2-year public institutions of higher education. 

(H) Less than 2-year private, nonprofit institutions of 

higher education. 

(I) Less than 2-year private, for-profit institutions of 

higher education. 

(J) All types of institutions described in subparagraphs 

(A) through (I). 

(c) REPORTING.— 

(1) IN GENERAL.—The Secretary shall make publicly available 

on an annual basis, in a sortable electronic format on the College Navigator website, a national list ranking institutions of 

higher education according to the percentage change and dollar 

change in such institutions’ tuition and fees over the preceding 

3 years. Such list shall be capable of being sorted by State, by 

category as determined under paragraph (2), by percentage 

change, and by dollar change. The purpose of such list is to 

provide consumers with general information on pricing trends 

among institutions of higher education nationally and in each 

State. 

(2) CATEGORIES.—The categories to be used for the list described in paragraph (1) are the categories listed in subparagraphs (A) through (I) of subsection (b)(2). 

(3) HIGHER EDUCATION PRICE INCREASE WATCH LISTS.—Effective July 1, 2008, the Secretary shall annually update and 

make publicly available on the College Navigator website, the 

national list developed under paragraph (1), and the list for 

each State, ranking each institution of higher education whose 

tuition and fees outpace such institution’s applicable higher 

education price index described in subsection (b). Such lists 

shall— 

(A) be known as the Higher Education Price Increase 

Watch Lists; 

(B) report the full price of tuition and fees at the institution and the net price; 


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(C) include data cells for common expenditures for institutions to utilize; 

(D) where applicable, report the average price of room 

and board for students living on campus at the institution, 

except that such price shall not be used in determining 

whether an institution’s cost outpaces such institution’s applicable higher education price index; and 

(E) be compiled by the Secretary in a public document to 

be widely published and disseminated. 

(4) QUALITY EFFICIENCY TASK FORCES.— (A) REQUIRED.—Each institution subject to paragraph (3) 

shall establish a quality-efficiency task force to review the 

operations of such institution. 

(B) FUNCTIONS.—Such task force shall analyze institutional operating costs in comparison with such costs at 

other institutions within the same category of institutions. 

Such analysis shall identify areas where, in comparison 

with other institutions in such class, the institution operates more expensively to produce a similar result. Any identified areas shall then be targeted for in-depth analysis for 

cost reduction opportunities. 

(C) REPORT.—The results of the analysis by a quality-efficiency task force under this paragraph shall be made available to the public on the College Navigator website. 

(5) EXEMPTIONS.—Notwithstanding paragraph (3), an institution shall not be placed on the higher education watch list if, 

for any 3-year interval for the computed price under paragraph 

(1)— 

(A) with respect to the category of institutions described 

in paragraph (2) to which the institution belongs, the computed price of the institution is in the lowest quartile of institutions within such class, as determined by the Secretary, during the last year of such 3-year interval; or 

(B) the institution has a percentage change in its full 

price computed under paragraph (3) that exceeds the higher 

education price index, or exceeds the applicable higher education price index over the same time period, but the dollar 

amount of the full price increase is less than $500, or the 

full price increase is an average of the higher education 

price index plus $500 per year. 

(6) STATE HIGHER EDUCATION APPROPRIATIONS CHART.—The 

Secretary shall annually report on the Department’s website, in 

charts for each State— 

(A) a comparison of the percentage change in State appropriations per enrolled student in a public institution of 

higher education in the State to the percentage change in 

tuition and fees for each public institution of higher education in the State for each of the previous 5 years; and 

(B) the total amount of need-based and merit-based aid 

provided by the State to students enrolled in an institution 

of higher education in the State. 

(d) NET PRICE CALCULATOR.— (1) DEVELOPMENT.—Not later than 1 year after the date of enactment of the College Opportunity and Affordability Act of 

2007, the Secretary shall, in consultation with institutions of 


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higher education, develop and make several model net price calculators to help students, families, and consumers determine 

the net price of an institution of higher education, which institutions of higher education may, at their discretion, elect to use 

pursuant to paragraph (3). 

(2) CATEGORIES.—The model net price calculators described 

in paragraph (1) shall be developed for each of the categories 

listed in subparagraphs (A) through (I) of subsection (b)(2). 

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

later than 3 years after the date of enactment of the College Opportunity and Affordability Act of 2007, each institution of 

higher education that receives Federal funds under this Act 

shall adopt and use a net price calculator to help students, families, and other consumers determine the net price of such institution of higher education. Such calculator may be— 

(A) based on a model calculator developed by the Department; or 

(B) developed by the institution of higher education. 

(e) NET PRICE REPORTING IN APPLICATION INFORMATION.—An institution of higher education that receives Federal funds under this 

Act shall include, in the materials accompanying an application for 

admission to the institution, the most recent information regarding 

the net price of the institution, calculated for each quartile of students based on the income of either the students’ parents or, in the 

case of independent students (as such term is described in section 

480), of the students, for each of the 2 academic years preceding the 

academic year for which the application is produced. 

(f) ENHANCED COLLEGE NAVIGATOR.— 

(1) UNIVERSITY AND COLLEGE ACCOUNTABILITY NETWORK.— 

Not later than 1 year after the date of enactment of the College 

Opportunity and Affordability Act of 2007, the Secretary shall 

develop a model format for annually publicly displaying basic 

information about an institution of higher education that chooses to participate, to be posted on the College Navigator and 

made available to institutions of higher education, students, 

families, and other consumers. Such document shall be known 

as the University and College Accountability Network (U–CAN), 

and shall include, the following information about the institution of higher education for the most recent academic year for 

which the institution has available data, presented in a consumer-friendly manner: 

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

(B) The total number of undergraduate students who applied, were admitted, and enrolled at the institution. 

(C) Where applicable, reading, writing, mathematics, and 

combined scores on the SAT or ACT for the middle 50 percent range of the institution’s freshman class. 

(D) Enrollment of full-time, part-time, and transfer students at the institution, at the undergraduate and (where 

applicable) graduate levels. 

(E) Percentage of male and female undergraduate students enrolled at the institution. 


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(F) Percentage of enrolled undergraduate students from 

the State in which the institution is located, from other 

States, and from other countries. 

(G) Percentage of enrolled undergraduate students at the 

institution by race and ethnic background. 

(H) Retention rates for full-time and part-time first-time, 

first-year undergraduate students enrolled at the institution. 

(I) Average time to degree or certificate completion for 

first-time, first-year undergraduate students enrolled at the 

institution. 

(J) Percentage of enrolled undergraduate students who 

graduate within 2 years (in the case of 2-year institutions), 

and 4, 5, and 6 years (in the case of 2-year and 4-year institutions). 

(K) Number of students who obtained a certificate or an 

associate’s, bachelor’s, master’s, or doctoral degree at the 

institution. 

(L) Undergraduate major areas of study with the highest 

number of degrees awarded. 

(M) The student-faculty ratio, and number of full-time, 

part-time, and adjunct faculty, and graduate teaching and 

research assistants with instructional responsibilities, at 

the institution. 

(N) Percentage of faculty at the institution with the highest degree in their field. 

(O) Percentage change in total price in tuition and fees 

and the net price for an undergraduate at the institution in 

each of the preceding 3 academic years. 

(P) Total average yearly cost of tuition and fees, room 

and board, and books and other related costs for an undergraduate student enrolled at the institution, for— 

(i) full-time undergraduate students living on campus; 

(ii) full-time undergraduate students living off campus; and 

(iii) in the case of students attending a public institution of higher education, such costs for in-State and 

out-of-State students living on and off campus. 

(Q) Average yearly grant amount (including Federal, 

State, and institutional aid) for a student enrolled at the 

institution. 

(R) Average yearly amount of Federal student loans, and 

other loans provided through the institution, to undergraduate students enrolled at the institution. 

(S) Total yearly grant aid available to undergraduate 

students enrolled at the institution, from the Federal Government, a State, the institution, and other sources. 

(T) Percentage of undergraduate students enrolled at the 

institution receiving Federal, State, and institutional 

grants, student loans, and any other type of student financial assistance provided publicly or through the institution, 

such as Federal work-study funds. 

(U) Number of students receiving Federal Pell Grants at 

the institution. 


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(V) Average net price for all undergraduate students enrolled at the institution. 

(W) Percentage of first-year undergraduate students enrolled at the institution who live on campus and off campus. 

(X) Information on the policies of the institution related 

to transfer of credit from other institutions. 

(Y) Information on campus safety required to be collected 

under section 485(f). 

(Z) Links to the appropriate sections of the institution’s 

website that provide information on student activities offered by the institution, such as intercollegiate sports, student organizations, study abroad opportunities, intramural 

and club sports, specialized housing options, community 

service opportunities, cultural and arts opportunities on 

campus, religious and spiritual life on campus, and lectures and outside learning opportunities. 

(AA) Links to the appropriate sections of the institution’s 

website that provide information on services offered by the 

institution to students during and after college, such as internship opportunities, career and placement services, and 

preparation for further education. 

(2) CONSULTATION.—The Secretary shall ensure that current 

and prospective college students, family members of such students, and institutions of higher education are consulted in carrying out paragraph (1). 

(g) STUDENT AID RECIPIENT SURVEY.— 

(1) SURVEY REQUIRED.—The Secretary shall conduct a survey 

of student aid recipients under title IV on a regular cycle and 

State-by-State basis, but not less than once every 4 years— 

(A) to identify the population of students receiving Federal student aid; 

(B) to describe the income distribution and other socioeconomic characteristics of federally aided students; 

(C) to describe the combinations of aid from State, Federal, and private sources received by students from all income groups; 

(D) to describe the debt burden of educational loan recipients and their capacity to repay their education debts, and 

the impact of such debt burden on career choices; 

(E) to describe the role played by the price of postsecondary education in the determination by students of what 

institution to attend; and 

(F) to describe how the increased costs of textbooks and 

other instructional materials affects the costs of postsecondary education to students. 

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

full-time and part-time, undergraduate, graduate, professional, 

and current and former students in all types of institutions, 

and designed and administered in consultation with the Congress and the postsecondary education community. 

(3) DISSEMINATION.—The Commissioner of Education Statistics shall disseminate the information resulting from the survey 

in both printed and electronic form. 


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(h) REGULATIONS.—The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. 

SEC. 134. TEXTBOOK INFORMATION. 

(a) PURPOSE AND INTENT.—The purpose of this section is to ensure that every student in higher education is offered better and 

more timely access to affordable course materials by educating and 

informing faculty, students, administrators, institutions of higher 

education, bookstores, distributors, and publishers on all aspects of 

the selection, purchase, sale, and use of course materials. It is the 

intent of this section— 

(1) to have all involved parties work together to identify ways 

to decrease the cost of college textbooks and supplemental materials for students while protecting the academic freedom of faculty members to select high quality course materials for students; and 

(2) to encourage— 

(A) college textbook publishers and distributors to work 

with faculty to promote understanding of the cost to students of purchasing faculty selected textbooks, including the 

disclosure of prices and bundling practices; 

(B) college bookstores to work with faculty to review 

timelines and processes for ordering and stocking course 

materials, and to disclose costs to faculty and students in 

a timely manner; 

(C) institutions of higher education to implement numerous options to address college textbook affordability; 

(D) institutions of higher education to work with student 

organizations to help students understand the factors driving textbook costs and available methods and resources to 

mitigate the effects of those costs; and 

(E) innovation in the development and use of course materials (including course materials utilizing the principles 

of universal design) and technologies that can help students 

receive the full value of their educational investment. 

(b) DEFINITIONS.—In this section: 

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

textbooks or other supplemental learning 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. 

(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 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 


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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 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. 

(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, 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, which— 

(A) may include printed materials, computer disks, 

website access, and electronically distributed materials; 

and 

(B) is not bound by third-party contractual agreements to 

be sold in 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 with information regarding a college textbook or supplemental material, the publisher shall include, 

with any such information and in writing, 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, 

such institution of higher education. 

(B) The copyright dates of all previous editions of such 

college textbook, if any. 

(C) The substantial content revisions made between the 

current edition of the college textbook or supplemental material and the previous edition, if any. 

(D) Whether the college textbook or supplemental material is available in any other format, including paperback 

and unbound, and 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. 

(2) UNBUNDLING OF COLLEGE TEXTBOOKS FROM SUPPLEMENTAL 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, publishers shall provide the information required under 


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this subsection with respect to the development and provision of 

custom textbooks. 

(d) PROVISION OF ISBN COLLEGE TEXTBOOK INFORMATION IN

COURSE SCHEDULES.— (1) INTERNET COURSE SCHEDULES.—Each institution of higher education, to the maximum extent practicable, shall— 

(A) disclose the International Standard Book Number 

and retail price information of required and recommended 

textbooks, related materials, and supplies for each course 

listed in the institution’s course schedule used for pre-registration and registration purposes; 

(B) if the International Standard Book Number is not 

available for the items listed in subparagraph (A), use the 

author, title, publisher, and copyright date; and 

(C) if the institution determines that the disclosure of the 

information described in the preceding subparagraphs for 

a course is not practicable for a textbook, related material, 

or supply, then it should so indicate by placing the designation ‘‘To Be Determined’’ in lieu of the information required 

under such subparagraphs. 

(2) WRITTEN COURSE SCHEDULES.—In the case of an institution of higher education that does not publish the institution’s 

course schedule for the subsequent academic period on the 

Internet, the institution of higher education shall include the 

information required under paragraph (1) in any printed 

version of the institution’s course schedule as it is available at 

the time of the course schedule’s printing. 

(e) AVAILABILITY OF INFORMATION FOR COLLEGE BOOKSTORES.— An institution of higher education shall make available, as soon as 

is practicable, upon the request of any 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) 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 and classroom materials. 

(g) EFFECTIVE DATE.—This section shall be effective on and after 

July 1, 2008. 

SEC. 135. DATABASE OF STUDENT INFORMATION PROHIBITED. 

(a) PROHIBITION.—Except as described in subsection (b), nothing 

in this Act shall be construed to authorize the Secretary to develop, 

implement, or maintain 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 


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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 is necessary for the operation of programs authorized by title II, IV, or VII, or data required 

to be collected by the Secretary under this Act (including section 

133(g)), that were in use by the Secretary, directly or through a contractor, as of the day before the date of enactment of the College Opportunity and Affordability Act of 2007. 

(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. 

PART D—ADMINISTRATIVE PROVISIONS FOR 

DELIVERY OF STUDENT FINANCIAL ASSISTANCE 

SEC. 141. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY 

OF FEDERAL STUDENT FINANCIAL ASSISTANCE. 

(a) * * * 

* * * * * * * 

(d) CHIEF OPERATING OFFICER.— 

(1) * * * 

* * * * * * * 

(4) PERFORMANCE AGREEMENT.— (A) * * * 

(B) TRANSMITTAL.—The final agreement, and any revision to the final agreement, shall be transmitted to the 

øCommittee on Education and the Workforce of the House 

of Representatives and the Committee on Labor and 

Human Resources of the Senate¿ authorizing committees, 

and made publicly available. 

* * * * * * * 

PART E—LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL LOANS 

SEC. 151. DEFINITIONS. 

In this part: 

(1) COVERED INSTITUTION.—The term ‘‘covered institution’’— 

(A) means any educational institution that— 

(i) offers a postsecondary educational degree, certificate, or program of study (including any institution of 

higher education, as such term is defined in section 

102); and 

(ii) receives any Federal funding or assistance; and 

(B) includes an authorized agent of the educational institution (including an alumni association, booster club, or 


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other organization directly or indirectly authorized by such 

institution) or an employee of such institution. 

(2) EDUCATIONAL LOAN.—The term ‘‘educational loan’’ (except 

when used as part of the term ‘‘private educational loan’’) 

means— 

(A) any loan made, insured, or guaranteed under title IV; 

or 

(B) a private educational loan (as defined in paragraph 

(6)). 

(3) PREFERRED LENDER ARRANGEMENT.—The term ‘‘preferred 

lender arrangement’’— 

(A) means an arrangement or agreement between a lender and a covered institution— 

(i) under which arrangement or agreement a lender 

provides or otherwise issues educational loans to the 

students attending the covered institution or the parents of such students; and 

(ii) which arrangement or agreement relates to the 

covered institution recommending, promoting, or endorsing the educational loan product of the lender; and 

(B) does not include— 

(i) arrangements or agreements with respect to loans 

under parts D or E of title IV; or 

(ii) arrangements or agreements with respect to loans 

under section 499(b). 

(4) LENDER.— 

(A) IN GENERAL.—The term ‘‘lender’’— 

(i) means a creditor, except that such term shall not 

include an issuer of credit secured by a dwelling or 

under an open end credit plan; and 

(ii) includes an agent of a lender. 

(B) INCORPORATION OF TILA DEFINITIONS.—The terms 

‘‘creditor’’, ‘‘dwelling’’, and ‘‘open end credit plan’’ have the 

meanings given such terms in section 103 of the Truth in 

Lending Act (15 U.S.C. 1602). 

(5) OFFICER.—The term ‘‘officer’’ includes a director or trustee 

of a covered institution, if such individual is treated as an employee of the covered institution. 

(6) PRIVATE EDUCATIONAL LOAN.—The term ‘‘private educational loan’’ means a private loan provided by a lender that— 

(A) is not made, insured, or guaranteed under title IV; 

and 

(B) 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. 

(7) POSTSECONDARY EDUCATIONAL EXPENSES.—The term 

‘‘postsecondary educational expenses’’ means any of the expenses 

that are included as part of a student’s cost of attendance, as 

defined under section 472. 

SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS. 

(a) CERTIFICATION BY LENDERS.—In addition to any other disclosure required under Federal law, each lender under part B of title 


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IV that participates in one or more preferred lender arrangements 

shall annually certify its compliance with the requirements of this 

Act. Such compliance of such preferred lender arrangement shall be 

reported on and attested to annually by the auditor of such lender 

in the audit conducted pursuant to section 428(b)(1)(U)(iii). 

(b) USE OF INSTITUTION NAME.— 

(1) IN GENERAL.—A covered institution that has entered into 

a preferred lender arrangement with a lender regarding private 

educational loans shall not agree to the lender’s use of the 

name, emblem, mascot, or logo of the institution, or other 

words, pictures, or symbols readily identified with the institution, in the marketing of private educational loans to the students attending the institution in any way that implies that the 

institution endorses the private educational loans offered by the 

lender. 

(2) APPLICABILITY.—Paragraph (1) shall apply to any preferred lender arrangement, or extension of such arrangement, 

entered into or renewed after the date of enactment of the College Opportunity and Affordability Act of 2007. 

SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS 

PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS. 

(a) DUTIES OF THE SECRETARY.— 

(1) REPORT AND MODEL FORMAT.—Not later than 180 days 

after the date of enactment of the College Opportunity and Affordability Act of 2007, the Secretary shall— 

(A) prepare a report on the adequacy of the information 

provided to students and the parents of such students about 

educational loans, after consulting with students, representatives of covered institutions (including financial aid administrators, registrars, and business officers), lenders, 

loan servicers, and guaranty agencies; 

(B) develop and prescribe by regulation a model disclosure form to be used by lenders and covered institutions in 

carrying out subsections (b) and (c) that— 

(i) will be easy for students and parents to read and 

understand; 

(ii) will be easily usable by lenders, institutions, 

guaranty agencies, and loan servicers; 

(iii) will provide students and parents with the relevant, meaningful, and standard information about 

the terms and conditions for both Federal and private 

educational loans; 

(iv) is based on the report’s findings and developed 

in consultation with— 

(I) students; 

(II) representatives of covered institutions, including financial aid administrators, registrars, 

business officers, and student affairs officials; 

(III) lenders; 

(IV) loan servicers; 

(V) guaranty agencies; and 

(VI) with respect to the requirements of clause 

(vi) concerning private educational loans, the 

Board of Governors of the Federal Reserve System; 


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(v) provides information on the applicable interest 

rates and other terms and conditions of the educational 

loans provided by a lender to students attending the 

institution, or the parents of such students, 

disaggregated by each type of educational loan (including opportunity pools as defined in section 155(f)) provided to such students or parents by the lender, including— 

(I) the rate of interest, or the potential range of 

rates of interest, applicable to the loan, and whether such rates are fixed or variable; 

(II) limitations, if any, on interest rate adjustments, both in terms of frequency and amount, or 

lack thereof; 

(III) co-borrower requirements, including 

changes in interest rates; 

(IV) any fees associated with the loan; 

(V) the repayment terms available on the loan; 

(VI) the opportunity for deferment or forbearance 

in repayment of the loan, including whether the 

loan payments can be deferred if the student is in 

school; 

(VII) any additional terms and conditions applied to the loan, including any benefits that are 

contingent on the repayment behavior of the borrower; 

(VIII) 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); 

(IX) an example of the total cost of the educational loan over the life of the loan which shall 

be calculated— 

(aa) using a principal amount and the maximum rate of interest actually offered by the 

lender; and 

(bb) both with and without capitalization of 

interest, if that is an option for postponing interest payments; 

(X) the consequences for the borrower of defaulting on a loan, including any limitations on the 

discharge of an educational loan in bankruptcy; 

(XI) contact information for the lender; and 

(XII) any philanthropic contributions made by 

the lender to the covered institution, including the 

purpose of the contribution and any conditions related to its use; and 

(vi) provides, in addition, with respect to private educational loans, the following information with respect 

to loans made by each lender recommended by the covered institution: 

(I) the method of determining the interest rate of 

the loan; 

(II) potential finance charges, late fees, penalties, 

and adjustments to principal, based on defaults or 

late payments of the borrower; and 


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(III) such other information as the Secretary 

may require; and 

(C)(i) submit the report and model disclosure form to the 

authorizing committees; and 

(ii) make the report and model disclosure form available 

to covered institutions, lenders, and the public. 

(2) MODEL FORM UPDATE.—Not later than 1 year after the 

submission of the report and model disclosure form described in 

paragraph (1)(B), the Secretary shall— 

(A) assess the adequacy of the model disclosure form; 

(B) after consulting with students, representatives of covered institutions (including financial aid administrators, 

registrars, business officers, and student affairs officials), 

lenders, loan servicers, guaranty agencies, and the Board of 

Governors of the Federal Reserve System— 

(i) prepare a list of any improvements to the model 

disclosure form that have been identified as beneficial 

to borrowers; and 

(ii) update the model disclosure form after taking 

such improvements into consideration; and 

(C)(i) submit the list of improvements and updated model 

disclosure form to the authorizing committees; and 

(ii) make the updated model disclosure form available to 

covered institutions, lenders, and the public. 

(3) USE OF FORM.—The Secretary shall take such steps as 

necessary to make the model disclosure form, and the updated 

model disclosure form, available to covered institutions and to 

encourage— 

(A) lenders subject to subsection (b) to use the model disclosure form or updated model disclosure form (if available) in providing the information required under subsection (b); and 

(B) covered institutions to use such format in preparing 

the information reported under subsection (c). 

(4) PROCEDURES.—Sections 482(c) and 492 of this Act shall 

not apply to the model disclosure form prescribed under paragraph (1)(B), but shall apply to the updating of such form 

under paragraph (2). 

(b) LENDER DUTIES.—Each lender that has a preferred lender arrangement with a covered institution shall, by August 1 of each 

year, provide to the covered institution and to the Secretary the information included on the model disclosure form or an updated 

model disclosure form (if available) for each type of educational 

loan (including opportunity pools as defined in section 155(f)) to be 

offered by the lender to students attending the covered institution, 

or the parents of such students, for the forthcoming academic year. 

(c) COVERED INSTITUTION REPORTS.—Each covered institution 

shall— 

(1) prepare and submit to the Secretary an annual report, by 

a date determined by the Secretary, that includes, for each lender that has a preferred lender arrangement with the covered institution and that has submitted to the institution the information required under subsection (b)— 

(A) the information included on the model disclosure 

form or updated model disclosure form (if available) for 


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each type of educational loan provided by the lender to students attending the covered institution, or the parents of 

such students; and 

(B) a detailed explanation of why the covered institution 

believes the terms and conditions of each type of educational loan provided pursuant to the agreement are beneficial for students attending the covered institution, or the 

parents of such students; and 

(2) ensure that the report required under paragraph (1) is 

made available to the public and provided to students attending or planning to attend the covered institution, and the parents of such students, in time for the student or parent to take 

such information into account before applying for or selecting 

an educational loan. 

(d) DISCLOSURES BY COVERED INSTITUTIONS.—A covered institution shall disclose, on its website and in the informational materials 

described in subsection (e)— 

(1) a statement that— 

(A) indicates that students are not limited to or required 

to use the lenders the institution recommends; and 

(B) the institution is required to process the documents 

required to obtain a Federal educational loan from any eligible lender the student selects; 

(2) at a minimum, all of the information provided by the 

model disclosure form prescribed under subsection (a)(1)(B), or 

updated model disclosure form (if available), with respect to 

any lender recommended by the institution for Federal educational loans and, as applicable, private educational loans (including opportunity pools as defined in section 155(f)); 

(3) the maximum amount of Federal grant and loan aid 

available to students in an easy-to-understand format; and 

(4) the institution’s cost of attendance (as determined under 

section 472). 

(e) INFORMATIONAL MATERIALS.—The informational materials described in this subsection are publications, mailings, or electronic 

messages or media distributed to prospective or current students 

and parents of students that describe or discuss the financial aid 

opportunities available to students at an institution of higher education. 

SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLOSURE REQUIREMENTS 

FOR COVERED INSTITUTIONS. 

A covered institution that provides information to any student, or 

the parent of such student, regarding a private educational loan 

from a lender shall, prior to or concurrent with such information— 

(1) inform the student or parent of— 

(A) the student or parent’s eligibility for assistance and 

loans under title IV; and 

(B) the terms and conditions of such private educational 

loan that may be less favorable than the terms and conditions of educational loans for which the student or parent 

is eligible, including interest rates, repayment options, and 

loan forgiveness; and 

(2) ensure that information regarding such private educational loan is presented in such a manner as to be distinct 


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from information regarding loans that are made, insured, or 

guaranteed under title IV. 

SEC. 155. INTEGRITY PROVISIONS. 

(a) INSTITUTION CODE OF CONDUCT REQUIRED.— (1) CODE OF CONDUCT.—Each institution of higher education 

that participates in the Federal student loan programs under 

title IV or has students that obtain private educational loans 

shall— 

(A) develop a code of conduct in accordance with paragraph (2) with which its officers, employees, and agents 

shall comply with respect to educational loans; 

(B) publish the code of conduct prominently on its 

website; and 

(C) administer and enforce such code in accordance with 

the requirements of this subsection. 

(2) CONTENTS OF CODE.—The code required by this section 

shall— 

(A) prohibit a conflict of interest with the responsibilities 

of such officer, employee, or agent with respect to educational loans; and 

(B) at a minimum, include provisions in compliance with 

the provisions of the following subsections of this section. 

(3) TRAINING AND COMPLIANCE.—An institution of higher education shall administer and enforce a code of conduct required 

by this section by, at a minimum, requiring all of its officers, 

employees, and agents with responsibilities with respect to educational loans to obtain training annually in compliance with 

the code. 

(b) GIFT BAN.— (1) PROHIBITION.—No officer, employee, or agent of a covered 

institution who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to 

educational loans, shall solicit or accept any gift from a lender, 

guarantor, or servicer of educational loans. 

(2) INSPECTOR GENERAL REPORT.—The Inspector General of 

the Department of Education shall investigate any reported violation of this subsection and shall annually submit a report to 

the authorizing committees identifying all substantiated violations of the gift ban under paragraph (1), including the lenders 

and covered institutions involved in each such violation, for the 

preceding year. 

(3) DEFINITION OF GIFT.— 

(A) IN GENERAL.—In this subsection, 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. 

(B) EXCEPTIONS.—The term ‘‘gift’’ shall not include any 

of the following: 

(i) Standard informational material related to a loan 

or financial literacy, such as a brochure. 

(ii) Food, refreshments, training, or informational 

material furnished to an officer, employee, or agent of 


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an institution as an integral part of a training session 

that is designed to improve the service of a lender, 

guarantor, or servicer of educational loans to the covered institution, if such training contributes to the professional development of the officer, employee, or agent 

of the institution. 

(iii) Favorable terms, conditions, and borrower benefits on an educational loan provided to a student employed by the covered institution if such terms, conditions, or benefits are comparable to those provided to 

all students of the institution. 

(iv) Exit counseling services provided to borrowers to 

meet a covered institution’s responsibilities for exit 

counseling as required by section 485(b) provided 

that— 

(I) a covered institution’s staff are in control of 

the counseling (whether in person or via electronic 

capabilities); and 

(II) such counseling does not promote the products or services of any lender. 

(v) Philanthropic contributions to a covered institution from a lender, guarantor, or servicer of educational loans that are unrelated to educational loans, 

provided, as applicable, that such contributions are 

disclosed pursuant to section 153(a)(1) and section 

153(a)(2). 

(C) RULE FOR GIFTS TO FAMILY MEMBERS.—For purposes 

of this section, a gift to a family member of an officer, employee, or agent of a covered institution, or a gift 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. 

(c) CONTRACTING ARRANGEMENTS PROHIBITED.— (1) PROHIBITION.—An officer, employee, or agent who is employed in the financial aid office of a covered institution, or who 

otherwise has responsibilities with respect to educational loans, 

shall not accept from any lender or affiliate of any lender (as 

the term affiliate is defined in section 487(a)) any fee, payment, 

or other financial benefit (including the opportunity to purchase 

stock) as compensation for any type of consulting arrangement 

or other contract to provide services to a lender or on behalf of 

a lender. 

(2) EXCEPTIONS.—Nothing in this subsection shall be construed as prohibiting— 

(A) an officer, employee, or agent of a covered institution 

who is not employed in the institution’s financial aid office, 

or who does not otherwise have responsibilities with respect 

to educational loans, from paid or unpaid service on a 

board of directors of a lender, guarantor, or servicer of educational loans; 


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(B) an officer, employee, or agent of a covered institution 

who is not employed in the financial aid office but who has 

responsibility with respect to educational loans as a result 

of a position held at the covered institution, from paid or 

unpaid service on a board of directors of a lender, guarantor, or servicer of educational loans, provided that the 

covered institution has a written conflict of interest policy 

that clearly sets forth that such an officer, employee, or 

agent must be recused from participating in any decision of 

the board with respect to any transaction regarding educational loans; or 

(C) an officer, employee, or agent of a lender, guarantor, 

or servicer of educational loans from serving on a board of 

directors or serving as a trustee of a covered institution, 

provided that the covered institution has a written conflict 

of interest policy that clearly sets forth the procedures to be 

followed in instances where such a board member’s or 

trustee’s personal or business interests with respect to educational loans may be advanced by an action of the board 

of directors or trustees, including a provision that such a 

board member or trustee may not participate in any decision to approve any transaction where such conflicting interests may be advanced. 

(d) BAN ON REVENUE SHARING ARRANGEMENTS.— (1) PROHIBITION.—A covered institution shall not enter into 

any revenue sharing arrangement with any lender. 

(2) DEFINITION.—For purposes of this subsection, a revenue 

sharing arrangement is an arrangement between a covered institution and a lender under which— 

(A) a lender provides or issues educational loans to students attending the institution or to parents of such students; and 

(B)(i) the institution recommends the lender or the loan 

products of the lender; and 

(ii) in exchange, the lender pays a fee or provides other 

material benefits, including revenue or profit sharing, to 

the institution or officers, employees, or agents of the institution. 

(e) BAN ON STAFFING ASSISTANCE.— (1) PROHIBITION.—A covered institution shall not request or 

accept from any lender any assistance with call center staffing 

or financial aid office staffing. 

(2) CERTAIN ASSISTANCE PERMITTED.—Nothing in paragraph 

(1) shall be construed to prohibit a covered institution from requesting or accepting assistance from a lender related to— 

(A) professional development training for financial aid 

administrators; 

(B) 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 

(C) staffing services on a short-term, non-recurring basis 

to assist the institution with financial aid-related functions 

during emergencies, including State-declared or federally 


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declared natural disasters, federally declared national disasters, and other localized disasters and emergencies identified by the Secretary. 

(f) PROHIBITION ON OFFERS OF FUNDS FOR PRIVATE LOANS.— 

(1) PROHIBITION.—A covered institution shall not request or 

accept from any lender any offer of funds, including any opportunity pool, to be used for private educational loans to students 

in exchange for the covered institution providing concessions or 

promises to the lender with respect to such institution providing 

the lender with a specified number of loans, a specified loan 

volume, or a preferred lender arrangement for any loan made, 

insured, or guaranteed under title IV, and a lender shall not 

make any such offer. 

(2) DEFINITION.—In this subsection, the term ‘‘opportunity 

pool’’ means an educational loan made by a private lender to 

a student attending the covered institution or the parent of such 

a student that is in any manner guaranteed by a covered institution, or that involves a payment, directly or indirectly, by 

such an institution of points, premiums, payments, additional 

interest, or other financial support to such lender for the purpose of such lender extending credit to either the students or the 

parents of students of the institution. 

(g) BAN ON PARTICIPATION ON ADVISORY COUNCILS.—An officer, 

employee, or agent who is employed in the financial aid office of a 

covered institution, or who otherwise has responsibilities with respect to educational loans, shall not serve on or otherwise participate with advisory councils of lenders or affiliates of lenders. Nothing in this subsection shall prohibit lenders from seeking advice 

from covered institutions or groups of covered institutions (including through telephonic or electronic means, or a meeting) in order 

to improve products and services for borrowers, provided there are 

no gifts or compensation (including for transportation, lodging, or 

related expenses) provided by lenders in connection with seeking 

this advice from such institutions. Nothing in this subsection shall 

prohibit an officer, employee, or agent of a covered institution from 

serving on the board of directors of a lender if required by State 

law. 

SEC. 156. COMPLIANCE AND ENFORCEMENT. 

(a) CONDITION OF ANY FEDERAL ASSISTANCE.—Notwithstanding 

any other provision of law, a covered institution or lender shall 

comply with this part as a condition of receiving Federal funds or 

assistance provided after the date of enactment of the College Opportunity and Affordability Act of 2007. 

(b) PENALTIES.—Notwithstanding any other provision of law, if 

the Secretary determines, after providing notice and an opportunity 

for a hearing for a covered institution or lender, that the covered institution or lender has violated subsection (a)— 

(1) in the case of a covered institution, or a lender that does 

not participate in a loan program under title IV, the Secretary 

may impose a civil penalty in an amount of not more than 

$25,000; and 

(2) in the case of a lender that does participate in a program 

under title IV, the Secretary may limit, terminate, or suspend 

the lender’s participation in such program. 


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(c) CONSIDERATIONS.—In taking any action against a covered institution or lender under subsection (b), the Secretary shall take into 

consideration the nature and severity of the violation of subsection 

(a). 

SEC. 157. STUDENT LOAN COUNSELING. 

(a) BORROWER CONTACT.— (1) FFEL LOANS.—Each holder of a loan under part B of title 

IV shall contact the borrower each year after five years has 

passed from the date that a borrower first selected either a 

graduated, extended, income sensitive, or income contingent repayment plan to ascertain if the borrower is able to select a repayment plan with a shorter repayment period that would reduce the total interest paid on the borrower’s loan or loans 

under this part. 

(2) DIRECT LOANS.—The Secretary shall contact the borrower 

of each loan under part D or E of title IV each year after five 

years has passed from the date that a borrower first selected either an extended, graduated, income contingent, or alternative 

repayment plan to ascertain if the borrower is able to select a 

repayment plan for a shorter repayment period that would reduce the total interest paid on the borrower’s loan under this 

part. 

(b) REQUIRED DISCLOSURE BEFORE DISBURSEMENT.— (1) DISCLOSURES BEFORE REPAYMENT.—Each lender of a loan 

under part B of title IV, and the Secretary with respect to each 

loan under part D or E of such title, shall provide to the borrower before repayment begins an explanation of principal to be 

borrowed, current balance, interest already paid, and interest 

due over the life of the loan, options by which borrowers may 

avoid or be removed from default, relevant fees associated with 

these options, and repayment options available to the borrower 

entering repayment, including income contingent repayment 

and income-based repayment. 

(2) DISCLOSURES DURING REPAYMENT.—Each lender of a loan 

under part B of title IV, and the Secretary with respect to each 

loan under part D or E of such title, shall provide to the borrower during repayment an explanation of principal borrowed, 

current balance, interest already paid and interest due over the 

life of the loan, options by which borrowers may avoid or be removed from default, relevant fees associated with these options, 

and repayment options available to the borrower entering repayment, including income contingent repayment and incomebased repayment. Each such lender and the Secretary shall also 

notify any borrower who tells the lender or the Secretary that 

the borrower is having difficulty making payments of the repayment options available, including forbearance. Each such lender and the Secretary shall make an explanation of repayment 

options available to the borrower, including income contingent 

repayment and forbearance, before the loan is disbursed, before 

repayment, and during repayment if the borrower notifies the 

lender or the Secretary that the borrower is having difficulty 

making payments. 

(c) INSTITUTIONAL COUNSELING.— 

(1) IN GENERAL.—Each institution of higher education shall, 

through financial aid officers or otherwise, make available 


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counseling to borrowers of loans which are made, insured, or 

guaranteed under part B (other than loans made pursuant to 

section 428B) of this title or made under part D or E of this 

title prior to their signing the first promissory note. The counseling shall include— 

(A) average indebtedness of borrowers at that school, to 

be supplied by the Secretary; 

(B) sample monthly repayment amounts based on a 

range of student levels of indebtedness and on the average 

indebtedness of Stafford loan borrowers at the same school 

or in the same program of study at the same school; 

(C) data to be supplied by the Secretary on starting salaries for graduates of institutions by type and control of institution, and field of study; 

(D) repayment options available to the borrower when entering repayment, including income contingent repayment 

and income-based repayment; 

(E) detail to be supplied by the Secretary on how interest 

accrues and is capitalized during periods when it is not 

being paid by either the borrower or the Secretary; and 

(F) the likely consequences of default, including adverse 

credit reports, Federal offset, and litigation. 

(2) USE OF ELECTRONIC MEANS.—If initial counseling is conducted through interactive electronic means, the institution of 

higher education shall take reasonable steps to ensure that each 

student borrower receives the counseling materials, and participates in and completes the initial counseling. 

(d) DEPARTMENT OF EDUCATION INFORMATION DISCLOSURE AND

TECHNICAL ASSISTANCE.— 

(1) OBLIGATION.—The Secretary shall display on the Department of Education website and provide to colleges and universities the following information to be used for counseling and 

consumer information for prospective borrowers: 

(A) Regional data on starting salaries in all major fields. 

(B) The increase in debt that results from forbearance on 

all loans and from capitalization of interest on unsubsidized loans. 

(C) The various repayment options available in the Federal student loan programs, including the availability of 

the income contingent repayment (ICR) program and the 

income-based repayment programs (IBR). 

(D) The Federal Government’s powers to collect student 

loans, even when student borrowers are in bankruptcy. 

(2) PUBLICITY.—The Secretary shall make the location of the 

information under paragraph (1) widely known among the public, institutions, and lenders, and promote the use of such information by prospective students, enrolled students, and borrowers after entering repayment. 


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øTITLE II—TEACHER QUALITY 

ENHANCEMENT 

øPART A—TEACHER QUALITY ENHANCEMENT 

GRANTS FOR STATES AND PARTNERSHIPS 

øSEC. 201. PURPOSES; DEFINITIONS. 

ø(a) PURPOSES.—The purposes of this part are to— 

ø(1) improve student achievement; 

ø(2) improve the quality of the current and future teaching 

force by improving the preparation of prospective teachers and 

enhancing professional development activities; 

ø(3) hold institutions of higher education accountable for preparing teachers who have the necessary teaching skills and are 

highly competent in the academic content areas in which the 

teachers plan to teach, such as mathematics, science, English, 

foreign languages, history, economics, art, civics, Government, 

and geography, including training in the effective uses of technology in the classroom; and 

ø(4) recruit highly qualified individuals, including individuals from other occupations, into the teaching force. 

ø(b) DEFINITIONS.—In this part: 

ø(1) ARTS AND SCIENCES.—The term ‘‘arts and sciences’’ 

means— 

ø(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 

1 or more academic majors in disciplines or content areas 

corresponding to the academic subject matter areas in 

which teachers provide instruction; and 

ø(B) when referring to a specific academic subject matter 

area, the disciplines or content areas in which academic 

majors are offered by the arts and science organizational 

unit. 

ø(2) HIGH NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high need local educational agency’’ means a local educational 

agency that serves an elementary school or secondary school located in an area in which there is— 

ø(A) a high percentage of individuals from families with 

incomes below the poverty line; 

ø(B) a high percentage of secondary school teachers not 

teaching in the content area in which the teachers were 

trained to teach; or 

ø(C) a high teacher turnover rate. 

ø(3) POVERTY LINE.—The term ‘‘poverty line’’ means the poverty line (as defined by the Office of Management and Budget, 

and revised annually in accordance with section 673(2) of the 

Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. 

øSEC. 202. STATE GRANTS. 

ø(a) IN GENERAL.—From amounts made available under section 

210(1) for a fiscal year, the Secretary is authorized to award grants 

under this section, on a competitive basis, to eligible States to enVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00423 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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able the eligible States to carry out the activities described in subsection (d). 

ø(b) ELIGIBLE STATE.— ø(1) DEFINITION.—In this part, the term ‘‘eligible State’’ 

means— 

ø(A) the Governor of a State; or 

ø(B) in the case of a State for which the constitution or 

law of such State designates another individual, entity, or 

agency in the State to be responsible for teacher certification and preparation activity, such individual, entity, or 

agency. 

ø(2) CONSULTATION.—The Governor and the individual, entity, or agency designated under paragraph (1) shall consult 

with the Governor, State board of education, State educational 

agency, or State agency for higher education, as appropriate, 

with respect to the activities assisted under this section. 

ø(3) CONSTRUCTION.—Nothing in this subsection shall be 

construed to negate or supersede the legal authority under 

State law of any State agency, State entity, or State public official over programs that are under the jurisdiction of the agency, entity, or official. 

ø(c) APPLICATION.—To be eligible to receive a grant under this 

section, an eligible State shall, at the time of the initial grant application, submit an application to the Secretary that— 

ø(1) meets the requirement of this section; 

ø(2) includes a description of how the eligible State intends 

to use funds provided under this section; and 

ø(3) contains such other information and assurances as the 

Secretary may require. 

ø(d) USES OF FUNDS.—An eligible State that receives a grant 

under this section shall use the grant funds to reform teacher preparation requirements, and to ensure that current and future teachers possess the necessary teaching skills and academic content 

knowledge in the subject areas in which the teachers are assigned 

to teach, by carrying out 1 or more of the following activities: 

ø(1) REFORMS.—Implementing reforms that hold institutions 

of higher education with teacher preparation programs accountable for preparing teachers who are highly competent in 

the academic content areas in which the teachers plan to 

teach, and possess strong teaching skills, which may include 

the use of rigorous subject matter competency tests and the requirement that a teacher have an academic major in the subject area, or related discipline, in which the teacher plans to 

teach. 

ø(2) CERTIFICATION OR LICENSURE REQUIREMENTS.—Reforming teacher certification or licensure requirements to ensure 

that teachers have the necessary teaching skills and academic 

content knowledge in the subject areas in which teachers are 

assigned to teach. 

ø(3) ALTERNATIVES TO TRADITIONAL PREPARATION FOR TEACH- ING.—Providing prospective teachers with alternatives to traditional preparation for teaching through programs at colleges of 

arts and sciences or at nonprofit educational organizations. 

ø(4) ALTERNATIVE ROUTES TO STATE CERTIFICATION.—Carrying out programs that— 


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ø(A) include support during the initial teaching experience; and 

ø(B) establish, expand, or improve alternative routes to 

State certification of teachers for highly qualified individuals, including mid-career professionals from other occupations, paraprofessionals, former military personnel and recent college graduates with records of academic distinction. 

ø(5) RECRUITMENT; PAY; REMOVAL.—Developing and implementing effective mechanisms to ensure that local educational 

agencies and schools are able to effectively recruit highly qualified teachers, to financially reward those teachers and principals whose students have made significant progress toward 

high academic performance, such as through performancebased compensation systems and access to ongoing professional 

development opportunities for teachers and administrators, 

and to expeditiously remove incompetent or unqualified teachers consistent with procedures to ensure due process for the 

teachers. 

ø(6) SOCIAL PROMOTION.—Development and implementation 

of efforts to address the problem of social promotion and to prepare teachers to effectively address the issues raised by ending 

the practice of social promotion. 

ø(7) RECRUITMENT.—Activities described in section 204(d). 

øSEC. 203. PARTNERSHIP GRANTS. 

ø(a) GRANTS.—From amounts made available under section 

210(2) for a fiscal year, the Secretary is authorized to award grants 

under this section, on a competitive basis, to eligible partnerships 

to enable the eligible partnerships to carry out the activities described in subsections (d) and (e). 

ø(b) DEFINITIONS.— ø(1) ELIGIBLE PARTNERSHIPS.—In this part, the term ‘‘eligible 

partnerships’’ means an entity that— 

ø(A) shall include— 

ø(i) a partner institution; 

ø(ii) a school of arts and sciences; and 

ø(iii) a high need local educational agency; and 

ø(B) may include a Governor, State educational agency, 

the State board of education, the State agency for higher 

education, an institution of higher education not described 

in subparagraph (A), a public charter school, a public or 

private elementary school or secondary school, a public or 

private nonprofit educational organization, a business, a 

teacher organization, or a prekindergarten program. 

ø(2) PARTNER INSTITUTION.—In this section, the term ‘‘partner institution’’ means a private independent or State-supported public institution of higher education, the teacher training program of which demonstrates that— 

ø(A) graduates from the teacher training program exhibit strong performance on State-determined qualifying 

assessments for new teachers through— 

ø(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 

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er’s subject matter knowledge in the content area or 

areas in which the teacher intends to teach; or 

ø(ii) being ranked among the highest-performing 

teacher preparation programs in the State as determined by the State— 

ø(I) using criteria consistent with the requirements for the State report card under section 

207(b); and 

ø(II) using the State report card on teacher 

preparation required under section 207(b), after 

the first publication of such report card and for 

every year thereafter; or 

ø(B) the teacher training program requires all the students of the program to participate in intensive clinical experience, to meet high academic standards, and— 

ø(i) in the case of secondary school candidates, to 

successfully complete an academic major in the subject 

area in which the candidate intends to teach or to 

demonstrate competence through a high level of performance in relevant content areas; and 

ø(ii) in the case of elementary school candidates, to 

successfully complete an academic major in the arts 

and sciences or to demonstrate competence through a 

high level of performance in core academic subject 

areas. 

ø(c) APPLICATION.—Each eligible partnership desiring a grant 

under this section shall submit an application to the Secretary at 

such time, in such manner, and accompanied by such information 

as the Secretary may require. Each such application shall— 

ø(1) contain a needs assessment of all the partners with respect to teaching and learning and a description of how the 

partnership will coordinate with other teacher training or professional development programs, and how the activities of the 

partnership will be consistent with State, local, and other education reform activities that promote student achievement; 

ø(2) contain a resource assessment that describes the resources available to the partnership, the intended use of the 

grant funds, including a description of how the grant funds will 

be fairly distributed in accordance with subsection (f ), and the 

commitment of the resources of the partnership to the activities assisted under this part, including financial support, faculty participation, time commitments, and continuation of the 

activities when the grant ends; and 

ø(3) contain a description of— 

ø(A) how the partnership will meet the purposes of this 

part; 

ø(B) how the partnership will carry out the activities required under subsection (d) and any permissible activities 

under subsection (e); and 

ø(C) the partnership’s evaluation plan pursuant to section 206(b). 

ø(d) REQUIRED USES OF FUNDS.—An eligible partnership that receives a grant under this section shall use the grant funds to carry 

out the following activities: 


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ø(1) REFORMS.—Implementing reforms within teacher preparation programs to hold the programs accountable for preparing teachers who are highly competent in the academic content areas in which the teachers plan to teach, and for promoting strong teaching skills, including working with a school 

of arts and sciences and integrating reliable research-based 

teaching methods into the curriculum, which curriculum shall 

include programs designed to successfully integrate technology 

into teaching and learning. 

ø(2) CLINICAL EXPERIENCE AND INTERACTION.—Providing sustained and high quality preservice clinical experience including 

the mentoring of prospective teachers by veteran teachers, and 

substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, 

principals, and other administrators at elementary schools or 

secondary schools, and providing support, including preparation time, for such interaction. 

ø(3) PROFESSIONAL DEVELOPMENT.—Creating opportunities 

for enhanced and ongoing professional development that improves the academic content knowledge of teachers in the subject areas in which the teachers are certified to teach or in 

which the teachers are working toward certification to teach, 

and that promotes strong teaching skills. 

ø(e) ALLOWABLE USES OF FUNDS.—An eligible partnership that 

receives a grant under this section may use such funds to carry out 

the following activities: 

ø(1) TEACHER PREPARATION AND PARENT INVOLVEMENT.—Preparing teachers to work with diverse student populations, including individuals with disabilities and limited English proficient individuals, and involving parents in the teacher preparation program reform process. 

ø(2) DISSEMINATION AND COORDINATION.—Broadly disseminating information on effective practices used by the partnership, and coordinating with the activities of the Governor, 

State board of education, State higher education agency, and 

State educational agency, as appropriate. 

ø(3) MANAGERIAL AND LEADERSHIP SKILLS.—Developing and 

implementing proven mechanisms to provide principals and superintendents with effective managerial and leadership skills 

that result in increased student achievement. 

ø(4) TEACHER RECRUITMENT.—Activities described in section 

204(d). 

ø(f) SPECIAL RULE.—No individual member of an eligible partnership shall retain more than 50 percent of the funds made available 

to the partnership under this section. 

ø(g) CONSTRUCTION.—Nothing in this section shall be construed 

to prohibit an eligible partnership from using grant funds to coordinate with the activities of more than one Governor, State board of 

education, State educational agency, local educational agency, or 

State agency for higher education. 

øSEC. 204. TEACHER RECRUITMENT GRANTS. 

ø(a) PROGRAM AUTHORIZED.—From amounts made available 

under section 210(3) for a fiscal year, the Secretary is authorized 

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able the eligible applicants to carry out activities described in subsection (d). 

ø(b) ELIGIBLE APPLICANT DEFINED.—In this part, the term ‘‘eligible applicant’’ means— 

ø(1) an eligible State described in section 202(b); or 

ø(2) an eligible partnership described in section 203(b). 

ø(c) APPLICATION.—Any eligible applicant desiring to receive a 

grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information 

as the Secretary may require, including— 

ø(1) a description of the assessment that the eligible applicant, and the other entities with whom the eligible applicant 

will carry out the grant activities, have undertaken to determine the most critical needs of the participating high-need 

local educational agencies; 

ø(2) a description of the activities the eligible applicant will 

carry out with the grant; and 

ø(3) a description of the eligible applicant’s plan for continuing the activities carried out with the grant, once Federal 

funding ceases. 

ø(d) USES OF FUNDS.—Each eligible applicant receiving a grant 

under this section shall use the grant funds— 

ø(1)(A) to award scholarships to help students pay the costs 

of tuition, room, board, and other expenses of completing a 

teacher preparation program; 

ø(B) to provide support services, if needed to enable scholarship recipients to complete postsecondary education programs; 

and 

ø(C) for followup services provided to former scholarship recipients during the recipients first 3 years of teaching; or 

ø(2) to develop and implement effective mechanisms to ensure that high need local educational agencies and schools are 

able to effectively recruit highly qualified teachers. 

ø(e) SERVICE REQUIREMENTS.—The Secretary shall establish such 

requirements as the Secretary finds necessary to ensure that recipients of scholarships under this section who complete teacher 

education programs subsequently teach in a high-need local educational agency, for a period of time equivalent to the period for 

which the recipients receive scholarship assistance, or repay the 

amount of the scholarship. The Secretary shall use any such repayments to carry out additional activities under this section. 

øSEC. 205. ADMINISTRATIVE PROVISIONS. 

ø(a) DURATION; ONE-TIME AWARDS; PAYMENTS.— 

ø(1) DURATION.— 

ø(A) ELIGIBLE STATES AND ELIGIBLE APPLICANTS.— 

Grants awarded to eligible States and eligible applicants 

under this part shall be awarded for a period not to exceed 

3 years. 

ø(B) ELIGIBLE PARTNERSHIPS.—Grants awarded to eligible partnerships under this part shall be awarded for a period of 5 years. 

ø(2) ONE-TIME AWARD.—An eligible State and an eligible 

partnership may receive a grant under each of sections 202, 

203, and 204 only once. 


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ø(3) PAYMENTS.—The Secretary shall make annual payments 

of grant funds awarded under this part. 

ø(b) PEER REVIEW.— 

ø(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. 

ø(2) PRIORITY.—In recommending applications to the Secretary for funding under this part, the panel shall— 

ø(A) with respect to grants under section 202, give priority to eligible States serving States that— 

ø(i) have initiatives to reform State teacher certification requirements that are designed to ensure that 

current and future teachers possess the necessary 

teaching skills and academic content knowledge in the 

subject areas in which the teachers are certified or licensed to teach; 

ø(ii) include innovative reforms to hold institutions 

of higher education with teacher preparation programs 

accountable for preparing teachers who are highly 

competent in the academic content area in which the 

teachers plan to teach and have strong teaching skills; 

or 

ø(iii) involve the development of innovative efforts 

aimed at reducing the shortage of highly qualified 

teachers in high poverty urban and rural areas; 

ø(B) with respect to grants under section 203— 

ø(i) give priority to applications from eligible partnerships that involve businesses; and 

ø(ii) take into consideration— 

ø(I) providing an equitable geographic distribution of the grants throughout the United States; 

and 

ø(II) the potential of the proposed activities for 

creating improvement and positive change. 

ø(3) SECRETARIAL SELECTION.—The Secretary shall determine, based on the peer review process, which application shall 

receive funding and the amounts of the grants. In determining 

grant amounts, the Secretary shall take into account the total 

amount of funds available for all grants under this part and 

the types of activities proposed to be carried out. 

ø(c) MATCHING REQUIREMENTS.— 

ø(1) STATE GRANTS.—Each eligible State receiving a grant 

under section 202 or 204 shall provide, from non-Federal 

sources, an amount equal to 50 percent of the amount of the 

grant (in cash or in kind) to carry out the activities supported 

by the grant. 

ø(2) PARTNERSHIP GRANTS.—Each eligible partnership receiving a grant under section 203 or 204 shall provide, from nonFederal sources (in cash or in kind), an amount equal to 25 

percent of the grant for the first year of the grant, 35 percent 

of the grant for the second year of the grant, and 50 percent 

of the grant for each succeeding year of the grant. 


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ø(d) LIMITATION ON ADMINISTRATIVE EXPENSES.—An eligible 

State or eligible partnership that receives a grant under this part 

may not use more than 2 percent of the grant funds for purposes 

of administering the grant. 

ø(e) TEACHER QUALIFICATIONS PROVIDED TO PARENTS UPON RE- QUEST.—Any local educational agency or school that benefits from 

the activities assisted under this part shall make available, upon 

request and in an understandable and uniform format, to any parent of a student attending any school served by the local educational agency, information regarding the qualification of the student’s classroom teacher with regard to the subject matter in which 

the teacher provides instruction. The local educational agency shall 

inform parents that the parents are entitled to receive the information upon request. 

øSEC. 206. ACCOUNTABILITY AND EVALUATION. 

ø(a) STATE GRANT ACCOUNTABILITY REPORT.—An eligible State 

that receives a grant under section 202 shall submit an annual accountability report to the Secretary, the Committee on Labor and 

Human Resources of the Senate, and the Committee on Education 

and the Workforce of the House of Representatives. Such report 

shall include a description of the degree to which the eligible State, 

in using funds provided under such section, has made substantial 

progress in meeting the following goals: 

ø(1) STUDENT ACHIEVEMENT.—Increasing student achievement for all students as defined by the eligible State. 

ø(2) RAISING STANDARDS.—Raising the State academic standards required to enter the teaching profession, including, 

where appropriate, through the use of incentives to incorporate 

the requirement of an academic major in the subject, or related 

discipline, in which the teacher plans to teach. 

ø(3) INITIAL CERTIFICATION OR LICENSURE.—Increasing success in the pass rate for initial State teacher certification or licensure, or increasing the numbers of highly qualified individuals being certified or licensed as teachers through alternative 

programs. 

ø(4) CORE ACADEMIC SUBJECTS.— ø(A) SECONDARY SCHOOL CLASSES.—Increasing the percentage of secondary school classes taught in core academic subject areas by teachers— 

ø(i) with academic majors in those areas or in a related field; 

ø(ii) who can demonstrate a high level of competence 

through rigorous academic subject area tests; or 

ø(iii) who can demonstrate competence through a 

high level of performance in relevant content areas. 

ø(B) ELEMENTARY SCHOOL CLASSES.—Increasing the percentage of elementary school classes taught by teachers— 

ø(i) with academic majors in the arts and sciences; 

or 

ø(ii) who can demonstrate competence through a 

high level of performance in core academic subjects. 

ø(5) DECREASING TEACHER SHORTAGES.—Decreasing shortages of qualified teachers in poor urban and rural areas. 

ø(6) INCREASING OPPORTUNITIES FOR PROFESSIONAL DEVELOPMENT.—Increasing opportunities for enhanced and ongoing proVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00430 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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fessional development that improves the academic content 

knowledge of teachers in the subject areas in which the teachers are certified or licensed to teach or in which the teachers 

are working toward certification or licensure to teach, and that 

promotes strong teaching skills. 

ø(7) TECHNOLOGY INTEGRATION.—Increasing the number of 

teachers prepared to integrate technology in the classroom. 

ø(b) ELIGIBLE PARTNERSHIP EVALUATION.—Each eligible partnership receiving a grant under section 203 shall establish and include 

in the application submitted under section 203(c), an evaluation 

plan that includes strong performance objectives. The plan shall include objectives and measures for— 

ø(1) increased student achievement for all students as measured by the partnership; 

ø(2) increased teacher retention in the first 3 years of a 

teacher’s career; 

ø(3) increased success in the pass rate for initial State certification or licensure of teachers; and 

ø(4) increased percentage of secondary school classes taught 

in core academic subject areas by teachers— 

ø(A) with academic majors in the areas or in a related 

field; and 

ø(B) who can demonstrate a high level of competence 

through rigorous academic subject area tests or who can 

demonstrate competence through a high level of performance in relevant content areas; 

ø(5) increasing the percentage of elementary school classes 

taught by teachers with academic majors in the arts and 

sciences or who demonstrate competence through a high level 

of performance in core academic subject areas; and 

ø(6) increasing the number of teachers trained in technology. 

ø(c) REVOCATION OF GRANT.— 

ø(1) REPORT.—Each eligible State or eligible partnership receiving a grant under this part shall report annually on the 

progress of the eligible State or eligible partnership toward 

meeting the purposes of this part and the goals, objectives, and 

measures described in subsections (a) and (b). 

ø(2) REVOCATION.— ø(A) ELIGIBLE STATES AND ELIGIBLE APPLICANTS.—If the 

Secretary determines that an eligible State or eligible applicant is not making substantial progress in meeting the 

purposes, goals, objectives, and measures, as appropriate, 

by the end of the second year of a grant under this part, 

then the grant payment shall not be made for the third 

year of the grant. 

ø(B) ELIGIBLE PARTNERSHIPS.—If the Secretary determines that an eligible partnership is not making substantial progress in meeting the purposes, goals, objectives, 

and measures, as appropriate, by the end of the third year 

of a grant under this part, then the grant payments shall 

not be made for any succeeding year of the grant. 

ø(d) EVALUATION AND DISSEMINATION.—The Secretary shall 

evaluate the activities funded under this part and report the Secretary’s findings regarding the activities to the Committee on 

Labor and Human Resources of the Senate and the Committee on 


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Education and the Workforce of the House of Representatives. The 

Secretary shall broadly disseminate successful practices developed 

by eligible States and eligible partnerships under this part, and 

shall broadly disseminate information regarding such practices 

that were found to be ineffective. 

øSEC. 207. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS. 

ø(a) DEVELOPMENT OF DEFINITIONS AND REPORTING METHODS.— Within 9 months of the date of enactment of the Higher Education 

Amendments of 1998, the Commissioner of the National Center for 

Education Statistics, in consultation with States and institutions of 

higher education, shall develop key definitions for terms, and uniform reporting methods (including the key definitions for the consistent reporting of pass rates), related to the performance of elementary school and secondary school teacher preparation programs. 

ø(b) STATE REPORT CARD ON THE QUALITY OF TEACHER PREPARA- TION.—Each State that receives funds under this Act shall provide 

to the Secretary, within 2 years of the date of enactment of the 

Higher Education Amendments of 1998, and annually thereafter, 

in a uniform and comprehensible manner that conforms with the 

definitions and methods established in subsection (a), a State report card on the quality of teacher preparation in the State, which 

shall include at least the following: 

ø(1) A description of the teacher certification and licensure 

assessments, and any other certification and licensure requirements, used by the State. 

ø(2) The standards and criteria that prospective teachers 

must meet in order to attain initial teacher certification or licensure and to be certified or licensed to teach particular subjects or in particular grades within the State. 

ø(3) A description of the extent to which the assessments 

and requirements described in paragraph (1) are aligned with 

the State’s standards and assessments for students. 

ø(4) The percentage of teaching candidates who passed each 

of the assessments used by the State for teacher certification 

and licensure, and the passing score on each assessment that 

determines whether a candidate has passed that assessment. 

ø(5) The percentage of teaching candidates who passed each 

of the assessments used by the State for teacher certification 

and licensure, disaggregated and ranked, by the teacher preparation program in that State from which the teacher candidate 

received the candidate’s most recent degree, which shall be 

made available widely and publicly. 

ø(6) Information on the extent to which teachers in the State 

are given waivers of State certification or licensure requirements, including the proportion of such teachers distributed 

across high- and low-poverty school districts and across subject 

areas. 

ø(7) A description of each State’s alternative routes to teacher certification, if any, and the percentage of teachers certified 

through alternative certification routes who pass State teacher 

certification or licensure assessments. 

ø(8) For each State, a description of proposed criteria for assessing the performance of teacher preparation programs withVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00432 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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in institutions of higher education in the State, including indicators of teacher candidate knowledge and skills. 

ø(9) Information on the extent to which teachers or prospective teachers in each State are required to take examinations 

or other assessments of their subject matter knowledge in the 

area or areas in which the teachers provide instruction, the 

standards established for passing any such assessments, and 

the extent to which teachers or prospective teachers are required to receive a passing score on such assessments in order 

to teach in specific subject areas or grade levels. 

ø(c) INITIAL REPORT.— ø(1) IN GENERAL.—Each State that receives funds under this 

Act, not later than 6 months of the date of enactment of the 

Higher Education Amendments of 1998 and in a uniform and 

comprehensible manner, shall submit to the Secretary the information described in paragraphs (1), (5), and (6) of subsection 

(b). Such information shall be compiled by the Secretary and 

submitted to the Committee on Labor and Human Resources 

of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than 9 months 

after the date of enactment of the Higher Education Amendments of 1998. 

ø(2) CONSTRUCTION.—Nothing in this subsection shall be 

construed to require a State to gather information that is not 

in the possession of the State or the teacher preparation programs in the State, or readily available to the State or teacher 

preparation programs. 

ø(d) REPORT OF THE SECRETARY ON THE QUALITY OF TEACHER

PREPARATION.— ø(1) REPORT CARD.—The Secretary shall provide to Congress, 

and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in paragraphs (1) through (9) 

of subsection (b). Such report shall identify States for which eligible States and eligible partnerships received a grant under 

this part. Such report shall be so provided, published and 

made available not later than 2 years 6 months after the date 

of enactment of the Higher Education Amendments of 1998 

and annually thereafter. 

ø(2) REPORT TO CONGRESS.—The Secretary shall report to 

Congress— 

ø(A) a comparison of States’ efforts to improve teaching 

quality; and 

ø(B) regarding the national mean and median scores on 

any standardized test that is used in more than 1 State for 

teacher certification or licensure. 

ø(3) SPECIAL RULE.—In the case of teacher preparation programs with fewer than 10 graduates taking any single initial 

teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information 

with respect to an average pass rate on State certification or 

licensure assessments taken over a 3-year period. 

ø(e) COORDINATION.—The Secretary, to the extent practicable, 

shall coordinate the information collected and published under this 

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cation or licensure assessments in a State other than the State in 

which the individual received the individual’s most recent degree. 

ø(f) INSTITUTIONAL REPORT CARDS ON THE QUALITY OF TEACHER

PREPARATION.— ø(1) REPORT CARD.—Each institution of higher education 

that conducts a teacher preparation program that enrolls students receiving Federal assistance under this Act, not later 

than 18 months after the date of enactment of the Higher Education Amendments of 1998 and annually thereafter, shall report to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and 

methods established under subsection (a), the following information: 

ø(A) PASS RATE.—(i) For the most recent year for which 

the information is available, the pass rate of the institution’s graduates on the teacher certification or licensure 

assessments of the State in which the institution is located, but only for those students who took those assessments within 3 years of completing the program. 

ø(ii) A comparison of the program’s pass rate with the 

average pass rate for programs in the State. 

ø(iii) In the case of teacher preparation programs with 

fewer than 10 graduates taking any single initial teacher 

certification or licensure assessment during an academic 

year, the institution shall collect and publish information 

with respect to an average pass rate on State certification 

or licensure assessments taken over a 3-year period. 

ø(B) PROGRAM INFORMATION.—The number of students 

in the program, the average number of hours of supervised 

practice teaching required for those in the program, and 

the faculty-student ratio in supervised practice teaching. 

ø(C) STATEMENT.—In States that approve or accredit 

teacher education programs, a statement of whether the 

institution’s program is so approved or accredited. 

ø(D) DESIGNATION AS LOW-PERFORMING.—Whether the 

program has been designated as low-performing by the 

State under section 208(a). 

ø(2) REQUIREMENT.—The information described in paragraph 

(1) shall be reported through publications such as school catalogs and promotional materials sent to potential applicants, 

secondary school guidance counselors, and prospective employers of the institution’s program graduates. 

ø(3) FINES.—In addition to the actions authorized in section 

487(c), the Secretary may impose a fine not to exceed $25,000 

on an institution of higher education for failure to provide the 

information described in this subsection in a timely or accurate 

manner. 

øSEC. 208. STATE FUNCTIONS. 

ø(a) STATE ASSESSMENT.—In order to receive funds under this 

Act, a State, not later than 2 years after the date of enactment of 

the Higher Education Amendments of 1998, shall have in place a 

procedure to identify, and assist, through the provision of technical 

assistance, low-performing programs of teacher preparation within 

institutions of higher education. Such State shall provide the Secretary an annual list of such low-performing institutions that inVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00434 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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cludes an identification of those institutions at-risk of being placed 

on such list. Such levels of performance shall be determined solely 

by the State and may include criteria based upon information collected pursuant to this part. Such assessment shall be described in 

the report under section 207(b). 

ø(b) TERMINATION OF ELIGIBILITY.—Any institution of higher 

education that offers a program of teacher preparation in which the 

State has withdrawn the State’s approval or terminated the State’s 

financial support due to the low performance of the institution’s 

teacher preparation program based upon the State assessment described in subsection (a)— 

ø(1) shall be ineligible for any funding for professional development activities awarded by the Department of Education; 

and 

ø(2) shall not be permitted to accept or enroll any student 

that receives aid under title IV of this Act in the institution’s 

teacher preparation program. 

ø(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. 

øSEC. 209. GENERAL PROVISIONS. 

ø(a) METHODS.—In complying with sections 207 and 208, the Secretary shall ensure that States and institutions of higher education 

use fair and equitable methods in reporting and that the reporting 

methods protect the privacy of individuals. 

ø(b) SPECIAL RULE.—For each State in which there are no State 

certification or licensure assessments, or for States that do not set 

minimum performance levels on those assessments— 

ø(1) the Secretary shall, to the extent practicable, collect 

data comparable to the data required under this part from 

States, local educational agencies, institutions of higher education, or other entities that administer such assessments to 

teachers or prospective teachers; and 

ø(2) notwithstanding any other provision of this part, the 

Secretary shall use such data to carry out requirements of this 

part related to assessments or pass rates. 

ø(c) LIMITATIONS.— 

ø(1) FEDERAL CONTROL PROHIBITED.—Nothing in this part 

shall be construed to permit, allow, encourage, or authorize 

any Federal control over any aspect of any private, religious, 

or home school, whether or not a home school is treated as a 

private school or home school under State law. This section 

shall not be construed to prohibit private, religious, or home 

schools from participation in programs or services under this 

part. 

ø(2) NO CHANGE IN STATE CONTROL ENCOURAGED OR REQUIRED.—Nothing in this part shall be construed to encourage 

or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. 

ø(3) NATIONAL SYSTEM OF TEACHER CERTIFICATION PROHIBITED.—Nothing in this part shall be construed to permit, allow, 


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encourage, or authorize the Secretary to establish or support 

any national system of teacher certification. 

øSEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which— 

ø(1) 45 percent shall be available for each fiscal year to 

award grants under section 202; 

ø(2) 45 percent shall be available for each fiscal year to 

award grants under section 203; and 

ø(3) 10 percent shall be available for each fiscal year to 

award grants under section 204. 

øPART B—PREPARING TOMORROW’S 

TEACHERS TO USE TECHNOLOGY 

øSEC. 221. PURPOSE AND PROGRAM AUTHORITY. 

ø(a) PURPOSE.—It is the purpose of this part to assist consortia 

of public and private entities— 

ø(1) to carry out programs that prepare prospective teachers 

to use advanced technology to prepare all students to meet 

challenging State and local academic content and student academic achievement standards; and 

ø(2) to improve the ability of institutions of higher education 

to carry out such programs. 

ø(b) PROGRAM AUTHORITY.— ø(1) IN GENERAL.—The Secretary is authorized to award 

grants to eligible applicants, or enter into contracts or cooperative agreements with eligible applicants, on a competitive basis 

in order to pay for the Federal share of the cost of projects to 

develop or redesign teacher preparation programs to enable 

prospective teachers to use advanced technology effectively in 

their classrooms. 

ø(2) PERIOD OF AWARDS.—The Secretary may award grants, 

or enter into contracts or cooperative agreements, under this 

part for periods that are not more than 5 years in duration. 

øSEC. 222. ELIGIBILITY. 

ø(a) ELIGIBLE APPLICANTS.—In order to receive a grant or enter 

into a contract or cooperative agreement under this part, an applicant shall be a consortium that includes the following: 

ø(1) At least one institution of higher education that awards 

baccalaureate degrees and prepares teachers for their initial 

entry into teaching. 

ø(2) At least one State educational agency or local educational agency. 

ø(3) One or more of the following entities: 

ø(A) An institution of higher education (other than the 

institution described in paragraph (1)). 

ø(B) A school or department of education at an institution of higher education. 

ø(C) A school or college of arts and sciences (as defined 

in section 201(b)) at an institution of higher education. 

ø(D) A professional association, foundation, museum, library, for-profit business, public or private nonprofit orgaVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00436 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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nization, community-based organization, or other entity, 

with the capacity to contribute to the technology-related 

reform of teacher preparation programs. 

ø(b) APPLICATION REQUIREMENTS.—In order to receive a grant or 

enter into a contract or cooperative agreement under this part, an 

eligible applicant 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: 

ø(1) A description of the proposed project, including how the 

project would— 

ø(A) ensure that individuals participating in the project 

would be prepared to use advanced technology to prepare 

all students, including groups of students who are underrepresented in technology-related fields and groups of students who are economically disadvantaged, to meet challenging State and local academic content and student academic achievement standards; and 

ø(B) improve the ability of at least one participating institution of higher education described in section 222(a)(1) 

to ensure such preparation. 

ø(2) A demonstration of— 

ø(A) the commitment, including the financial commitment, of each of the members of the consortium for the 

proposed project; and 

ø(B) the active support of the leadership of each organization that is a member of the consortium for the proposed 

project. 

ø(3) A description of how each member of the consortium will 

participate in project activities. 

ø(4) A description of how the proposed project will be continued after Federal funds are no longer awarded under this part 

for the project. 

ø(5) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project 

objectives. 

ø(c) MATCHING REQUIREMENTS.— ø(1) IN GENERAL.—The Federal share of the cost of any 

project funded under this part shall not exceed 50 percent. Except as provided in paragraph (2), the non-Federal share of the 

cost of such project may be provided in cash or in kind, fairly 

evaluated, including services. 

ø(2) ACQUISITION OF EQUIPMENT.—Not more than 10 percent 

of the funds awarded for a project under this part may be used 

to acquire equipment, networking capabilities, or infrastructure, and the non-Federal share of the cost of any such acquisition shall be provided in cash. 

øSEC. 223. USE OF FUNDS. 

ø(a) REQUIRED USES.—A consortium that receives a grant or enters into a contract or cooperative agreement under this part shall 

use funds made available under this part for— 

ø(1) a project creating one or more programs that prepare 

prospective teachers to use advanced technology to prepare all 

students, including groups of students who are underrepresented in technology-related fields and groups of students 

who are economically disadvantaged, to meet challenging State 


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and local academic content and student academic achievement 

standards; and 

ø(2) evaluating the effectiveness of the project. 

ø(b) PERMISSIBLE USES.—The consortium may use funds made 

available under this part for a project, described in the application 

submitted by the consortium under this part, that carries out the 

purpose of this part, such as the following: 

ø(1) Developing and implementing high-quality teacher preparation programs that enable educators— 

ø(A) to learn the full range of resources that can be 

accessed through the use of technology; 

ø(B) to integrate a variety of technologies into curricula 

and instruction in order to expand students’ knowledge; 

ø(C) to evaluate educational technologies and their potential for use in instruction; 

ø(D) to help students develop their technical skills; and 

ø(E) to use technology to collect, manage, and analyze 

data to improve teaching and decisionmaking. 

ø(2) Developing alternative teacher development paths that 

provide elementary schools and secondary schools with wellprepared, technology-proficient educators. 

ø(3) Developing achievement-based standards and assessments aligned with the standards to measure the capacity of 

prospective teachers to use technology effectively in their classrooms. 

ø(4) Providing technical assistance to entities carrying out 

other teacher preparation programs. 

ø(5) Developing and disseminating resources and information 

in order to assist institutions of higher education to prepare 

teachers to use technology effectively in their classrooms. 

ø(6) Subject to section 222(c)(2), acquiring technology equipment, networking capabilities, infrastructure, software, and 

digital curricula to carry out the project. 

øSEC. 224. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this part 

such sums as may be necessary for each of fiscal years 2002 and 

2003.¿ 

TITLE II—TEACHER QUALITY 

ENHANCEMENT 

SEC. 200. DEFINITIONS. 

For purposes of 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 1 

or more academic majors in disciplines or content areas 

corresponding to the academic subject matter areas in 

which teachers provide instruction; and 

(B) when referring to a specific academic subject area, 

the disciplines or content areas in which academic majors 

are offered by the arts and sciences organizational unit. 


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(2) CHILDREN FROM LOW-INCOME FAMILIES.—The term ‘‘children from low-income families’’ means children as described in 

section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965. 

(3) CORE ACADEMIC SUBJECTS.—The term ‘‘core academic subjects’’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. 

(4) EARLY CHILDHOOD EDUCATION PROGRAM.—The term ‘‘early 

childhood education program’’ means— 

(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 

et seq.); 

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

school; or 

(C) a State prekindergarten program that serves children 

from birth through kindergarten and that addresses the 

children’s cognitive (including language, early literacy, and 

pre-numeracy), social, emotional, and physical development. 

(5) EARLY CHILDHOOD EDUCATOR.—The term ‘‘early childhood 

educator’’ means an individual with primary responsibility for 

the education of children in an early childhood education program. 

(6) EDUCATIONAL SERVICE AGENCY.—The term ‘‘educational 

service agency’’ has the meaning given the term in section 9101 

of the Elementary and Secondary Education Act of 1965. 

(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—The 

term ‘‘essential components of reading instruction’’ has the 

meaning given such term in section 1208 of the Elementary and 

Secondary Education Act of 1965. 

(8) EXEMPLARY TEACHER.—The term ‘‘exemplary teacher’’ has 

the meaning given such term in section 9101 of the Elementary 

and Secondary Education Act of 1965. 

(9) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM.—The 

term ‘‘high-need early childhood education program’’ means an 

early childhood education program serving children from lowincome 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 lowincome families; or 

(iii) with a total of less than 600 students in average 

daily attendance at the schools that are served by the agency, and all of the schools that are served by the agency are 

designated with a school locale code of Rural: Fringe, 

Rural: Distant, or Rural: Remote, as determined by the Secretary; and 

(B)(i) for which there is a high percentage of teachers not 

teaching in the academic subject areas or grade levels in 

which the teachers were trained to teach; or 


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(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.—Notwithstanding section 103, the 

term ‘‘high-need school’’ means a public elementary school or 

public secondary school that— 

(A) is among the highest 25 percent of schools served by 

the local educational agency that serves the school, in terms 

of the percentage of students from families with incomes 

below the poverty line; or 

(B) is designated with a school locale code of Rural: 

Fringe, Rural: Distant, or Rural: Remote, as determined by 

the Secretary. 

(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 

(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) LITERACY COACH.—The term ‘‘literacy coach’’ means an 

individual— 

(A) who— 

(i) has teaching experience and a master’s degree 

with a concentration in reading and writing education; 

and 

(ii) has demonstrated proficiency (as determined by 

the principal of the individual’s school) in teaching 

reading and writing in a content area such as math, 

science, or social studies; 

(B) whose primary role with teachers and school personnel is— 

(i) to provide high-quality professional development 

opportunities for teachers and school personnel related 

to literacy; 

(ii) with respect to the areas of reading and writing, 

to collaborate with paraprofessionals, teachers, principals, and other administrators, and the community 

served by the school; and 

(iii) to work cooperatively and collaboratively with 

other professionals in planning programs to meet the 

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dren with disabilities and limited English proficient 

individuals; and 

(C) who may provide students with— 

(i) reading or writing diagnosis and instruction; and 

(ii) reading and writing assessment, including assessment in cooperation with other professionals (such 

as special education teachers, speech and language 

teachers, and school psychologists). 

(15) 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. 

(16) PROFESSIONAL DEVELOPMENT.—The term ‘‘professional 

development’’ has the meaning given the term in section 9101 

of the Elementary and Secondary Education Act of 1965. 

(17) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically valid research’’ includes applied research, basic research, 

and field-initiated research in which the rationale, design, and 

interpretation are soundly developed in accordance with accepted principles of scientific research. 

(18) TEACHING SKILLS.—The term ‘‘teaching skills’’ means 

skills that enable a teacher to— 

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

(B) effectively convey and explain academic subject matter; 

(C) employ strategies grounded in the disciplines of 

teaching and learning that— 

(i) are based on empirically based practice and scientifically valid research, where applicable, 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; 

(D) 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 measure higher-order thinking 

skills, including application, analysis, synthesis, and evaluation; 

(E) effectively manage a classroom, including the ability 

to implement positive behavioral intervention support strategies; 

(F) communicate and work with parents and guardians, 

and involve parents and guardians in their children’s education; and 

(G) use, in the case of an early childhood educator, ageappropriate and developmentally appropriate strategies 

and practices for children in early education programs. 


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SEC. 200A. 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, 

including the right of employees of local educational agencies to engage in collective bargaining with their employers. 

PART A—TEACHER QUALITY PARTNERSHIP 

GRANTS 

SEC. 201. PURPOSES; DEFINITIONS. 

(a) PURPOSES.—The purposes of this part are to— 

(1) improve student achievement; 

(2) improve the quality of the current and future teaching 

force by improving the preparation of prospective teachers and 

enhancing professional development activities; 

(3) hold 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. 

(b) DEFINITIONS.—In this part: 

(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ 

means an entity that— 

(A) shall include— 

(i) a high-need local educational agency; 

(ii) a high-need school or a consortium of high-need 

schools served by the high-need local educational agency or, as applicable, a high-need early childhood education program; 

(iii) a partner institution; 

(iv) a school, department, or program of education 

within such partner institution or a teacher professional development program within such partner institution; and 

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

(B) may include any of the following: 

(i) The Governor of the State. 

(ii) The State educational agency. 

(iii) The State board of education. 

(iv) The State agency for higher education. 

(v) A business. 

(vi) A public or private nonprofit educational organization. 

(vii) An educational service agency. 

(viii) A teacher organization. 

(ix) A high-performing local educational agency, or a 

consortium of such local educational agencies, that can 

serve as a resource to the partnership. 

(x) A charter school (as defined in section 5210 of the 

Elementary and Secondary Education Act of 1965). 


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(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. 

(2) INDUCTION PROGRAM.—The term ‘‘induction program’’ 

means a formalized program for new teachers during not less 

than the teachers’ first 2 years of teaching that is designed to 

provide support for, and improve the professional performance 

and advance the retention in the teaching field of, beginning 

teachers. Such program shall promote effective teaching skills 

and shall include the following components: 

(A) High-quality teacher mentoring. 

(B) Periodic, structured time for collaboration with mentor teachers in the same department or field, as well as 

time for information-sharing among teachers, principals, 

administrators, and participating faculty in the partner institution. 

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

(D) Opportunities for new teachers to draw directly upon 

the expertise of teacher mentors, faculty, and researchers to 

support the integration of empirically based practice and 

scientifically valid research with practice. 

(E) The development of skills in instructional and behavioral interventions derived from empirically based practice 

and, where applicable, scientifically valid research. 

(F) Faculty who— 

(i) model the integration of research and practice in 

the classroom; and 

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

(G) Interdisciplinary collaboration among exemplary 

teachers, faculty, researchers, and other staff who prepare 

new teachers with respect to the learning process and the 

assessment of learning. 

(H) Assistance with the understanding of data, particularly student achievement data, and the data’s applicability 

in classroom instruction. 

(I) Structured and formal observation of new teachers, 

and feedback for such teachers, at least 4 times each school 

year by multiple evaluators, including master teachers and 

the principal, using valid and reliable benchmarks of 

teaching skills and standards developed with input from 

teachers. 

(3) PARTNER INSTITUTION.—The term ‘‘partner institution’’ 

means an institution of higher education, which may include a 

2-year institution of higher education offering a dual program 

with a 4-year institution of higher education, participating in 

an eligible partnership that has a teacher preparation program— 


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(A) whose graduates exhibit strong performance on Statedetermined 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); and 

(II) using the State report card on teacher preparation required under section 205(b), after the first 

publication of such report card and for every year 

thereafter; or 

(B) that requires— 

(i) each student in the program to meet and demonstrate high academic standards (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. 

(4) TEACHER MENTORING.—The term ‘‘teacher mentoring’’ 

means the mentoring of new or prospective teachers through a 

new or established program that— 

(A) includes clear criteria for the selection of teacher mentors who will provide role model relationships for mentees, 

which criteria shall be developed by the eligible partnership 

and based on measures of teacher effectiveness; 

(B) provides high-quality training for such mentors, including instructional strategies for literacy instruction and 

classroom management; 

(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; 

(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 


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(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 

(ii) joint professional development opportunities. 

(5) TEACHING RESIDENCY PROGRAM.—The term ‘‘teaching residency program’’ means a school-based teacher preparation program in which a prospective teacher— 

(A) for 1 academic year, teaches alongside a mentor 

teacher, who is the teacher of record; 

(B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, 

which may include courses taught by local educational 

agency personnel or residency program faculty, in the 

teaching of the content area in which the teacher will become certified or licensed; 

(C) acquires effective teaching skills; and 

(D) prior to completion of the program, earns a master’s 

degree, attains full State teacher certification or licensure, 

and becomes highly qualified. 

SEC. 202. PARTNERSHIP GRANTS. 

(a) PROGRAM AUTHORIZED.—From amounts made available under 

section 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 all the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention, of general and special 

education teachers, principals, and, as applicable, early childhood educators; 

(2) a description of the extent to which the program prepares 

prospective and new teachers with strong teaching skills; 

(3) a description of how the program will prepare prospective 

and new teachers to use research and data to modify and improve instruction in the classroom; 

(4) a description of how the partnership will coordinate strategies and activities assisted under the grant with other teacher 

preparation or professional development programs, including 

those funded under the Elementary and Secondary Education 

Act of 1965 and the Individuals with Disabilities Education 

Act, and through the National Science Foundation, and how 

the activities of the partnership will be consistent with State, 

local, and other education reform activities that promote student achievement; 

(5) a resource assessment that describes the resources available to the partnership, including— 

(A) the integration of funds from other sources; 

(B) the intended use of the grant funds; 

(C) the commitment of the resources of the partnership, 

including financial support, faculty participation, and time 


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commitments, to the activities assisted under this section 

and to the continuation of the activities when the grant 

ends; 

(6) a description of— 

(A) how the partnership will meet the purposes of this 

part; 

(B) how the partnership will carry out the activities required under subsection (d) or (e) based on the needs identified in paragraph (1), with the goal of improving student 

achievement; 

(C) the partnership’s evaluation plan under section 

204(a); 

(D) how the partnership will align the teacher preparation program with the— 

(i) 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; 

(E) 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; 

(F) how the partnership will prepare general education 

and special education teachers to teach students with limited English proficiency; 

(G) how faculty at the partner institution will work, during the term of the grant, with highly qualified teachers in 

the classrooms of schools served by the high-need local educational agency in the partnership to provide high-quality 

professional development activities; 

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

(I) how the partnership will support in-service professional development strategies and activities; and 

(J) how the partnership will collect, analyze, and use 

data on the retention of all teachers and early childhood 

educators in schools and early childhood programs located 

in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and educator support system; and 

(7) with respect to the induction program required as part of 

the activities carried out under this section— 

(A) a description of how the teacher preparation program 

will design and implement an induction program to support all new teachers through not less than the first 2 years 

of teaching in the further development of the new teachers’ 

teaching skills, including the use of mentors who are 

trained and compensated by such program for the mentors’ 

work with new teachers; 


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(B) a demonstration that the schools and departments 

within the institution of higher education that are part of 

the induction program have relevant and essential roles in 

the effective preparation of teachers, including content expertise and expertise in teaching; 

(C) a demonstration of the partnership’s capability and 

commitment to the use of empirically based practice and 

scientifically valid research related to teaching and learning, and the accessibility to and involvement of faculty; and 

(D) a description of how faculty involved in the induction 

program will be able to substantially participate in an 

early childhood education program or an elementary or secondary school classroom setting, as applicable, including 

release time and receiving workload credit for such participation. 

(c) REQUIRED USE OF GRANT FUNDS.—An eligible partnership 

that receives a grant under this section 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), a leadership development program under subsection (f), 

or a combination of two or more such programs. 

(d) PARTNERSHIP GRANTS FOR PRE-BACCALAUREATE PREPARATION

OF TEACHERS.—An eligible partnership that receives a grant to 

carry out an effective program for the pre-baccalaureate preparation 

of teachers shall carry out a program that includes all of the following: 

(1) REFORMS.— 

(A) IN GENERAL.—Implementing reforms, described in 

subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for 

early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for— 

(i) preparing— 

(I) current or prospective teachers to be highly 

qualified (including teachers in rural school districts who may teach multiple subjects, special 

educators, teachers of students who are limited 

English proficient who may teach multiple subjects, and teachers who are qualified to teach Advanced Placement or International Baccalaureate 

courses); 

(II) such teachers and, as applicable, early childhood educators, to understand empirically based 

practice and scientifically valid research related to 

teaching and learning and its applicability, and to 

use technology effectively, including the use of instructional techniques and positive behavioral support strategies to improve student achievement; 

and 

(III) as applicable, early childhood educators to 

be highly competent; and 

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prove children’s cognitive, social, emotional, and physical development. 

(B) REQUIRED REFORMS.—The reforms described in subparagraph (A) shall include— 

(i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess 

how well all prospective and new teachers develop 

teaching skills; 

(ii) using empirically based practice and scientifically valid research, where applicable, about the disciplines of teaching and learning so that all prospective 

teachers and, as applicable, early childhood educators— 

(I) can understand and implement researchbased teaching practices in classroom-based instruction; 

(II) have knowledge of student learning methods; 

(III) possess skills to analyze student academic 

achievement data and other measures of student 

learning, and use such data and measures to improve instruction in the classroom; 

(IV) possess teaching skills and an understanding of effective instructional strategies across 

all applicable content areas that enable general 

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 in the individualized education program process, as defined 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 new 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; 

(iv) developing and implementing an induction program; 


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(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 curriculum changes to 

prepare teachers to teach Advanced Placement or International Baccalaureate courses. 

(2) CLINICAL EXPERIENCE AND INTERACTION.—Developing and 

improving a sustained and high-quality pre-service clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, 

involved in the program. Such program shall do the following: 

(A) Incorporate year-long opportunities for enrichment activity or a combination of activities, including— 

(i) clinical learning in classrooms in high-need 

schools served by the high-need local educational agency in the eligible partnership and identified by the eligible partnership; and 

(ii) closely supervised interaction between faculty and 

new and experienced teachers, principals, and other 

administrators at early childhood education programs 

(as applicable), elementary schools, or secondary 

schools, and providing support for such interaction. 

(B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas, 

which may include preparation for meeting the unique 

needs of teaching in rural communities. 

(C) Provide high-quality teacher mentoring. 

(D)(i) Be offered over the course of a program of teacher 

preparation; 

(ii) be tightly aligned with course work (and may be developed as a 5th year of a teacher preparation program); 

and 

(iii) where feasible, allow prospective teachers to learn to 

teach in the same school district in which the teachers will 

work, learning the instructional initiatives and curriculum 

of that district. 

(E) Provide support and training for those individuals 

participating in an activity for prospective teachers described in this paragraph or paragraph (1) or (3), and for 

those who serve as mentors for such teachers, based on each 

individual’s experience. Such support may include— 

(i) with respect to a prospective teacher or a mentor, 

release time for such individual’s participation; 

(ii) with respect to a faculty member, receiving course 

workload credit and compensation for time teaching in 

the eligible partnership’s activities; and 

(iii) with respect to a mentor, a stipend, which may 

include bonus, differential, incentive, or merit or performance-based pay. 

(3) INDUCTION PROGRAMS FOR NEW TEACHERS.—Creating an 

induction program for new teachers, or, in the case of an early 

childhood education program, providing mentoring or coaching 

for new early childhood educators. 

(4) SUPPORT AND TRAINING FOR PARTICIPANTS IN EARLY

CHILDHOOD EDUCATION PROGRAMS.—In the case of an eligible 


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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) underrepresented populations; 

(B) individuals to teach in rural communities and teacher shortage areas, including mathematics, science, special 

education, and instruction of limited English proficient students; and 

(C) mid-career professionals from other occupations, 

former military personnel, and recent college graduates 

with proven records of academic distinction. 

(6) LITERACY TRAINING.—Developing and implementing a 

program to strengthen content knowledge and teaching skills of 

elementary and secondary school literacy coaches that— 

(A) provides teacher training in reading instruction for 

literacy coaches who— 

(i) train classroom teachers to implement literacy 

programs; or 

(ii) tutor students with intense individualized reading, writing, and subject matter instruction during or 

beyond the school day; 

(B) develops or redesigns rigorous evidenced-based reading curricula that are aligned with challenging State academic content standards, as required under section 

1111(b)(1) of the Elementary and Secondary Education Act 

of 1965, and with postsecondary standards for reading and 

writing; 

(C) provides opportunities for teachers to plan and assess 

instruction with other teachers, school leaders, and faculty 

at institutions of higher education; 

(D) provides training and professional development for 

principals to prepare them to understand the teaching of 

reading, guide instruction, and foster school improvement; 

and 

(E) establishes an evaluation and accountability plan for 

activities conducted under this paragraph to measure the 

impact of such activities. 

(e) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT OF TEACHING

RESIDENCY PROGRAMS.— 

(1) IN GENERAL.—An eligible partnership receiving a grant to 

carry out an effective teaching residency program shall carry 

out a program that includes all of the following activities: 

(A) Supporting a teaching residency program described 

in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership. 


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(B) Modifying staffing procedures to provide greater flexibility for local educational agency and school leaders to establish effective school-level staffing in order to facilitate 

placement of graduates of the teaching residency program 

in cohorts that facilitate professional collaboration, both 

among graduates of the teaching residency program and 

between such graduates and mentor teachers in the receiving school. 

(C) Ensuring that teaching residents that participated in 

the teaching residency program receive— 

(i) effective pre-service preparation as described in 

paragraph (2); 

(ii) teacher mentoring; 

(iii) induction through the induction program as the 

teaching residents enter the classroom as new teachers; 

and 

(iv) the preparation described in subparagraphs (A), 

(B), and (C) of subsection (d)(2). 

(2) TEACHING RESIDENCY PROGRAMS.— 

(A) ESTABLISHMENT AND DESIGN.—A teaching residency 

program under this subsection shall be a program based 

upon models of successful teaching residencies that serves 

as a mechanism to prepare teachers for success in the highneed 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 course work; 

(II) who shall have extra responsibilities as a 

teacher leader of the teaching residency program, 

as a mentor for residents, and as a teacher coach 

during the induction program for novice teachers, 

and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and 

(III) who may have full relief from teaching duties as a result of such additional responsibilities. 

(iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher 

effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based 

on observations of such domains of teaching as the following: 

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sessment, including the use of formative assessments to improve student learning. 

(II) Appropriate instruction that engages students with different learning styles, including students with disabilities. 

(III) Collaboration with colleagues to improve instruction. 

(IV) Analysis of gains in student learning, based 

on multiple measures, that, when feasible, may include valid and reliable objective measures of the 

influence of teachers on the rate of student academic progress. 

(V) In the case of mentor candidates who will be 

mentoring current or future literacy and mathematics coaches or instructors, appropriate skills in 

the essential components of reading instruction, 

teacher training in literacy instructional strategies 

across core subject areas, and teacher training in 

mathematics instructional strategies, as appropriate. 

(v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents. 

(vi) The development of admissions goals and priorities aligned with the hiring objectives of the local educational agency partnering with the program, as well 

as the instructional initiatives and curriculum of the 

agency, in exchange for a commitment by the agency to 

hire graduates from the teaching residency program. 

(vii) Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through 

not less than the residents’ first 2 years of teaching. 

(viii) Admission goals and priorities 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. 

(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 subsection, an individual shall— 

(I) be a recent graduate of a 4-year institution of 

higher education or a mid-career professional from 

outside the field of education possessing strong 

content knowledge or a record of professional accomplishment; and 

(II) submit an application to the teaching residency program. 

(ii) SELECTION CRITERIA.—An eligible partnership 

carrying out a teaching residency program under this 

subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics: 


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(I) Strong content knowledge or record of accomplishment in the field or subject area to be taught. 

(II) Strong verbal and written communication 

skills, which may be demonstrated by performance 

on appropriate tests. 

(III) Other attributes linked to effective teaching, 

which may be determined by interviews or performance assessments, as specified by the eligible 

partnership. 

(C) STIPEND AND SERVICE REQUIREMENT.— (i) STIPEND.—A teaching residency program under 

this paragraph shall provide a 1-year living stipend or 

salary to teaching residents during the 1-year teaching 

residency program. 

(ii) SERVICE REQUIREMENT.—As a condition of receiving a stipend under this subparagraph, a teaching resident shall agree to teach in a high-need school served 

by the high-need local educational agency in the eligible partnership for a period of 3 or more years after 

completing the 1-year teaching residency program. 

(iii) REPAYMENT.—If a teaching resident who received a stipend under this subparagraph does not 

complete the service requirement described in clause 

(ii), such individual shall repay to the high-need local 

educational agency a pro rata portion of the stipend 

amount for the amount of teaching time that the individual did not complete. 

(f) PARTNERSHIP GRANTS FOR THE DEVELOPMENT OF LEADERSHIP

PROGRAMS.— (1) IN GENERAL.—An eligible partnership receiving a grant to 

carry out an effective leadership program shall carry out a program that includes all of the following activities: 

(A) Preparing students currently enrolled or preparing to 

enroll in education administration programs in preparation for careers as superintendents, principals, or other 

school administrators (including students preparing to 

work in rural school districts who may perform multiple 

duties in addition to the role of administrator). 

(B) Promoting strong administrative skills and, as applicable, techniques for education administrators to improve 

the school environment and effectively manage schools. 

(C) Ensuring that students who participate in the leadership program receive— 

(i) effective pre-service preparation as described in 

subparagraph (D); and 

(ii) mentoring by educational administrators. 

(D) Developing and improving a sustained and highquality pre-service clinical education program to further develop the leadership skills of all prospective educational administrators involved in the program. Such program shall 

do the following: 

(i) Incorporate year-long opportunities for enrichment 

activity or a combination of activities, including— 

(I) clinical learning in high-need schools served 

by the high-need local educational agency in the elVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00453 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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igible partnership and identified by the eligible 

partnership; and 

(II) closely supervised interaction between faculty 

and new and experienced teachers, principals, and 

other administrators in high-need schools served 

by the high-need local educational agency in the eligible partnership and identified by the eligible 

partnership. 

(ii) Integrate pedagogy and practice and promote effective administrative skills for meeting the unique 

needs of rural and geographically isolated communities. 

(iii) Educational administrator mentoring. 

(E) Creating an induction program for new administrators. 

(F) Developing and implementing effective mechanisms to 

ensure that the eligible partnership is able to recruit qualified individuals to become educational administrators 

through the activities of the eligible partnership, which 

may include an emphasis on recruiting into the education 

administration profession— 

(i) underrepresented populations; 

(ii) individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and shortage areas 

designated by the Secretary; or 

(iii) mid-career professionals from other occupations, 

former military personnel, and recent college graduates 

with proven records of academic distinction. 

(2) SELECTION OF INDIVIDUALS FOR THE LEADERSHIP PROGRAM.—In order to be eligible for the leadership program under 

this subsection, an individual shall— 

(A) be enrolled in or preparing to enroll in an institution 

of higher education, or a recent graduate of an 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; 

(B) be current teachers who would like to become principals or principals who would like to be superintendents; 

and 

(C) submit an application to the leadership program. 

(g) CONSULTATION.— 

(1) IN GENERAL.—Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of 

programs and activities under this section. 

(2) REGULAR COMMUNICATION.—To ensure timely and meaningful consultation, regular communication shall occur among 

all members of the eligible partnership, including the high-need 

local educational agency. Such communication shall continue 

throughout the implementation of the grant and the assessment 

of programs and activities under this section. 

(3) WRITTEN CONSENT.—The Secretary may approve changes 

in grant activities of a grant under this section only if a written 


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consent signed by all members of the eligible partnership is submitted to the Secretary. 

(h) CONSTRUCTION.—Nothing in this section shall be construed to 

prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on 

a regional basis through Governors, State boards of education, State 

educational agencies, State agencies responsible for early childhood 

education, local educational agencies, or State agencies for higher 

education. 

(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available to carry 

out this section shall be used to supplement, and not supplant, other 

Federal, State, and local funds that would otherwise be expended 

to carry out activities under this section. 

SEC. 203. ADMINISTRATIVE PROVISIONS. 

(a) DURATION; NUMBER OF AWARDS; PAYMENTS.— (1) DURATION.—A grant awarded under this part shall be 

awarded for a period of 5 years. 

(2) NUMBER OF AWARDS.—An eligible partnership may not receive more than 1 grant during a 5-year period. Nothing in this 

title shall be construed to prohibit an individual member, that 

can demonstrate need, of an eligible partnership that receives a 

grant under this title from entering into another eligible partnership consisting of new members and receiving a grant with 

such other eligible partnership before the 5-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered 

has expired. 

(3) PAYMENTS.—The Secretary shall make annual payments 

of grant funds awarded under this part. 

(b) PEER REVIEW.— (1) PANEL.—The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. 

With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. 

(2) PRIORITY.—In recommending applications to the Secretary 

for funding under this part, the panel shall give priority— 

(A) to 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 programs; 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 

the grant amount, the Secretary shall take into account the 

total amount of funds available for all grants under this part 

and the types of activities proposed to be carried out by the eligible partnership. 

(c) MATCHING REQUIREMENTS.— 


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(1) IN GENERAL.—Each eligible partnership receiving a grant 

under this part shall provide, from non-Federal sources, an 

amount equal to 100 percent of the amount of the grant, which 

may be provided in cash or in-kind, to carry out the activities 

supported by the grant. 

(2) WAIVER.—The Secretary may waive all or part of the 

matching requirement described in paragraph (1) for any fiscal 

year for an eligible partnership, if the Secretary determines that 

applying the matching requirement to the eligible partnership 

would result in serious hardship or an inability to carry out the 

authorized activities described in this part. 

(d) LIMITATION ON ADMINISTRATIVE EXPENSES.—An eligible partnership that receives a grant under this part may use not more than 

2 percent of the grant funds for purposes of administering the grant. 

SEC. 204. ACCOUNTABILITY AND EVALUATION. 

(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each eligible partnership submitting an application for a grant under this part shall establish and include in such application an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for increasing— 

(1) student achievement for all students as measured by the 

eligible partnership; 

(2) teacher retention in the first 3 years of a teacher’s career; 

(3) improvement in the pass rates and scaled scores for initial 

State certification or licensure of teachers; and 

(4)(A) the percentage of highly qualified teachers hired by the 

high-need local educational agency participating in the eligible 

partnership; 

(B) the percentage of such teachers who are members of 

underrepresented groups; 

(C) the percentage of such teachers who teach high-need academic subject areas (such as reading, mathematics, science, and 

foreign languages, including less commonly taught languages 

and critical foreign languages); 

(D) the percentage of such teachers who teach in high-need 

areas (including special education, language instruction educational programs for limited English proficient students, and 

early childhood education); 

(E) the percentage of such teachers in high-need schools, 

disaggregated by the elementary, middle, and high school levels; 

(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 number of teachers trained effectively 

to integrate technology into curricula and instruction and who 

use technology to collect, manage, and analyze data to improve 

teaching, learning, and decision making for the purpose of improving student academic achievement. 

(b) INFORMATION.—An eligible partnership receiving a grant 

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ship are provided information about the activities carried out with 

funds under this part, including through electronic means. 

(c) REVOCATION OF GRANT.—If the Secretary determines that an 

eligible partnership receiving a grant under this part is not making 

substantial progress in meeting the purposes, goals, objectives, and 

measures, as appropriate, of the grant by the end of the third year 

of a grant under this part, then the Secretary shall require such eligible partnership to submit a revised application that identifies the 

steps the partnership will take to make substantial progress to meet 

the purposes, goals, objectives, and measures, as appropriate, of this 

part. 

(d) EVALUATION AND DISSEMINATION.—The Secretary shall evaluate the activities funded under this part and report the 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, both for 

traditional teacher preparation programs and alternative routes 

to State certification or licensure programs, the following information: 

(A) PASS RATES AND SCALED SCORES.—For the most recent year for which the information is available for those 

students who took the assessments and are enrolled in the 

traditional teacher preparation program or alternative 

routes to State certification or licensure program, and for 

those who have taken the assessments and have completed 

the traditional teacher preparation program or alternative 

routes to State certification or licensure program during the 

2-year period preceding such year, for each of the assessments used for teacher certification or licensure by the 

State in which the program is located— 

(i) the percentage of students who have completed 

100 percent of the nonclinical course work and taken 

the assessment who pass such assessment; 

(ii) the percentage of all such students who passed 

each such assessment; 

(iii) the percentage of students taking an assessment 

who enrolled in and completed the teacher preparation 

program; 

(iv) the average scaled score for all students who took 

each such assessment; 


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(v) a comparison of the program’s pass rates with the 

average pass rates for programs in the State; and 

(vi) a comparison of the program’s average scaled 

scores with the average scaled scores for programs in 

the State. 

(B) PROGRAM INFORMATION.—The criteria for admission 

into the program, the number of students in the program 

(disaggregated by race, ethnicity, and gender), the average 

number of hours of supervised clinical experience required 

for those in the program, the number of full-time equivalent 

faculty and students in the supervised clinical experience, 

and the total number of students who have been certified 

or licensed as teachers, disaggregated by subject and area 

of certification or licensure. 

(C) STATEMENT.—In States that require approval or accreditation of teacher preparation programs, a statement of 

whether the institution’s program is so approved or accredited, and by whom. 

(D) DESIGNATION AS LOW-PERFORMING.—Whether the program has been designated as low-performing by the State 

under section 208(a). 

(E) USE OF TECHNOLOGY.—A description of the activities 

that prepare teachers to effectively integrate technology into 

curricula and instruction and effectively use technology to 

collect, manage, and analyze data in order to improve 

teaching, learning, and decision making for the purpose of 

increasing student academic achievement. 

(F) TEACHER TRAINING.—A description of the activities 

that prepare general and special education teachers to effectively 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, and to effectively teach students with limited English proficiency. 

(2) REPORT.—Each eligible partnership receiving a grant 

under section 202 shall report annually on the progress of the 

eligible partnership toward meeting the purposes of this part 

and the objectives and measures described in section 204(a). 

(3) FINES.—The Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or 

accurate manner. 

(4) SPECIAL RULE.—In the case of an institution of higher 

education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(A), with respect to an average pass rate and scaled score on each State certification or 

licensure assessment taken over a 3-year period. 

(b) STATE REPORT CARD ON THE QUALITY OF TEACHER PREPARA- TION.— 

(1) IN GENERAL.—Each State that receives funds under this 

Act shall provide to the Secretary, annually, in a uniform and 


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comprehensible manner that conforms with the definitions and 

methods established by the Secretary, a State report card on the 

quality of teacher preparation in the State, both for traditional 

teacher preparation programs and for alternative routes to 

State certification or licensure programs, which shall include 

not less than the following: 

(A) A description of 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 

subject areas or in particular grades within the State. 

(C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the 

State’s challenging academic content standards required 

under section 1111(b)(1) of the Elementary and Secondary 

Education Act of 1965 and State early learning standards 

for early childhood education programs. 

(D) For each of the assessments used by the State for 

teacher certification or licensure— 

(i) for each institution of higher education located in 

the State and each entity located in the State that offers an alternative route for teacher certification or licensure, the percentage of students at such institution 

or entity who have completed 100 percent of the nonclinical course work and taken the assessment who 

pass such assessment; 

(ii) the percentage of all such students at all such institutions taking the assessment who pass such assessment; and 

(iii) the percentage of students taking an assessment 

who enrolled in and completed the teacher preparation 

program. 

(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 2-year period preceding the date of the determination, 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 period preceding the date of the determination, who took each such assessment. 

(F) A description of the State’s criteria for assessing the 

performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall 

include indicators of the academic content knowledge and 

teaching skills of students enrolled in such programs. 

(G) For each teacher preparation program in the State, 

the criteria for admission into the program, the number of 


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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), the average number of hours of supervised clinical experience required for 

those in the program, and the number of full-time equivalent faculty, adjunct faculty, and students in supervised 

clinical experience. 

(H) For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by— 

(i) area of certification or licensure; 

(ii) academic major; and 

(iii) subject area for which the teacher has been prepared to teach. 

(I) Using the data generated under subparagraphs (G) 

and (H), a description of the extent to which teacher preparation programs are helping to address shortages of highly 

qualified teachers, by area of certification or licensure, subject, and specialty, in the State’s public schools. 

(J) A description of the activities that prepare general 

and special education teachers to effectively 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. 

(K) A description of the activities that prepare teachers to 

effectively integrate technology into curricula and instruction and effectively use technology to collect, manage, and 

analyze data to improve teaching, learning, and decision 

making for the purpose of increasing student academic 

achievement. 

(L) A description of the activities that prepare general 

education and special education teachers to effectively teach 

students with limited English proficiency. 

(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 requiring practices and procedures 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 provide to Congress, 

and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through 

(L) of subsection (b)(1). Such report shall identify States for 

which eligible partnerships received a grant under this part. 

Such report shall be so provided, published, and made available annually. 


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(2) REPORT TO CONGRESS.—The Secretary shall prepare and 

submit a report to Congress that contains the following: 

(A) A comparison of States’ efforts to improve the quality 

of the current and future teaching force. 

(B) A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force. 

(C) The national mean and median scaled scores and 

pass rate on any standardized test that is used in more 

than 1 State for teacher certification or licensure. 

(3) SPECIAL RULE.—In the case of a teacher preparation program with fewer than 10 scores reported on any single initial 

teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information, 

and make publicly available, with respect to an average pass 

rate and scaled score on each State certification or licensure assessment taken over a 3-year period. 

(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.—As a condition of receiving assistance under 

title IV, 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— 

(1) increasing the number of prospective teachers trained in 

teacher shortage areas designated by the Secretary, including 

mathematics, science, special education, and instruction of limited English proficient students; and 

(2) more closely linking the training provided by the institution with the needs of schools and the instructional decisions 

new teachers face in the classroom. 

(b) ASSURANCE.—As a condition of receiving assistance under title 

IV, each institution described in subsection (a) shall provide an assurance 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) prospective special education teachers receive course work 

in core academic subjects and receive training in providing instruction in core academic subjects; 

(3) 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 

(4) prospective teachers receive training on how to effectively 

teach in urban and rural schools. 

(c) PUBLIC REPORTING.—As part of the annual report card required under section 205(a)(1), an institution of higher education 


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described in subsection (a) shall publicly report whether the goals 

established under such subsection have been met. 

SEC. 207. STATE FUNCTIONS. 

(a) STATE ASSESSMENT.—In order to receive funds under this Act, 

a State shall have in place a procedure to conduct an assessment 

to identify and assist, through the provision of technical assistance, 

low-performing programs of teacher preparation. Such State shall 

provide the Secretary an annual list of such low-performing teacher 

preparation programs that includes an identification of those programs at risk of being placed on such list. Such 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; 

(2) improving student achievement for all students; and 

(3) raising the standards for entry into the teaching profession. 

(b) TERMINATION OF ELIGIBILITY.—Any program of teacher preparation from which the State has withdrawn the State’s approval, or 

terminated the State’s financial support, due to the low performance 

of the program based upon the State assessment described in subsection (a)— 

(1) shall be ineligible for any funding for professional development activities awarded by the Department; 

(2) shall not be permitted to accept or enroll any student that 

receives aid under title IV in the institution’s teacher preparation program; and 

(3) shall provide transitional support, including remedial 

services if necessary, for students enrolled at the institution at 

the time of termination of financial support or withdrawal of 

approval. 

(c) NEGOTIATED RULEMAKING.—If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit 

such proposed regulations to a negotiated rulemaking process, 

which shall include representatives of States, institutions of higher 

education, and educational and student organizations. 

(d) APPLICATION OF THE REQUIREMENTS.—The requirements of 

this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure 

programs. 

SEC. 208. GENERAL PROVISIONS. 

(a) METHODS.—In complying with sections 205 and 207, the Secretary shall ensure that States and institutions of higher education 

use fair and equitable methods in reporting and that the reporting 

methods do not allow identification of individuals. 

(b) SPECIAL RULE.—For each State that does not use content assessments as a means of ensuring that all teachers teaching in core 

academic subjects within the State are highly qualified, as required 

under section 1119 of the Elementary and Secondary Education Act 

of 1965 and in accordance with the State plan submitted or revised 

under section 1111 of such Act, or that each person employed as a 


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special education teacher in the State who teaches elementary 

school, middle school, or secondary school is highly qualified by the 

deadline, as required under section 612(a)(14)(C) of the Individuals 

with Disabilities Education Act,— 

(1) the Secretary shall, to the extent practicable, collect data 

comparable to the data required under this part from States, 

local educational agencies, institutions of higher education, or 

other entities that administer such assessments to teachers or 

prospective teachers; and 

(2) notwithstanding any other provision of this part, the Secretary shall use such data to carry out requirements of this part 

related to assessments, pass rates, and scaled scores. 

(c) RELEASE OF INFORMATION TO TEACHER PREPARATION PROGRAMS.— 

(1) IN GENERAL.—For the purpose of improving teacher preparation programs, a State educational agency that receives funds 

under this Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall 

provide to a teacher preparation program, upon the request of 

the teacher preparation program, any and all pertinent education-related information that— 

(A) may enable the teacher preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and 

(B) is possessed, controlled, or accessible by the State 

educational agency. 

(2) CONTENT OF INFORMATION.—The information described in 

paragraph (1)— 

(A) shall include an identification of specific individuals 

who graduated from the teacher preparation program to enable the teacher preparation program to evaluate the information provided to the program from the State educational 

agency with the program’s own data about the specific 

courses taken by, and field experiences of, the individual 

graduates; and 

(B) may include— 

(i) kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates 

of the teacher preparation program; and 

(ii) teacher effectiveness evaluations for teachers who 

graduated from the teacher preparation program. 

(d) LIMITATIONS.— 

(1) FEDERAL CONTROL PROHIBITED.—Nothing in this part 

shall be construed to permit, allow, encourage, or authorize any 

Federal control over any aspect of any private, religious, or 

home school (whether or not a home school is treated as a private school or home school under State law). This section shall 

not be construed to prohibit private, religious, or home schools 

from participation in programs or services under this part. 

(2) NO CHANGE IN STATE CONTROL ENCOURAGED OR REQUIRED.—Nothing in this part shall be construed to encourage 

or require any change in a State’s treatment of any private, reliVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00463 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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gious, or home school (whether or not a home school is treated 

as a private school or home school under State law). 

(3) NATIONAL SYSTEM OF TEACHER CERTIFICATION PROHIBITED.—Nothing in this part shall be construed to permit, allow, 

encourage, or authorize the Secretary to establish or support 

any national system of teacher certification. 

SEC. 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 2 succeeding fiscal years. 

PART B—PREPARING TEACHERS FOR DIGITAL 

AGE LEARNERS 

SEC. 221. 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) 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 skills to enter the workforce; 

(2) strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education 

and ensure technology rich learning environments throughout a 

teacher candidate’s pre-service 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-learning environments that enable kindergarten through grade 12 students to develop skills to enter the 

workforce. 

(b) AMOUNT AND DURATION.—A grant, contract, or cooperative 

agreement under this part— 

(1) shall be for not more than $2,000,000; 

(2) shall be for a 3-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 part 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 part, the term 

‘‘eligible consortium’’ means a consortium of members that includes 

the following: 

(1) At least one institution of higher education that awards 

baccalaureate degrees and prepares teachers for initial entry 

into teaching. 

(2) At least one State educational agency or local educational 

agency. 

(3) A department, school, or college of education at an institution of higher education. 


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(4) A department, school, or college of arts and sciences at an 

institution of higher education. 

(5) At least 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. 222. USES OF FUNDS. 

(a) IN GENERAL.—An eligible consortium that receives a grant or 

enters into a contract or cooperative agreement under this part shall 

use funds made available under this part 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 pre-service 

preparation of teacher candidates with high-needs 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 in educational settings with technology; 

(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 technology development 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 with respect to technology implementation by members 

of the consortium; 

(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 


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educational agency to educate pre-service 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 pre-service teachers 

to— 

(A) develop and implement a plan for pre-service 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 pre-service teacher populations with programs that connect such pre-service 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 achievement in highneed schools; 

(5) provide additional technology resources for pre-service 

teachers to plan and implement technology applications in 

classroom settings that provide evidence of student learning; 

and 

(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. 223. APPLICATION REQUIREMENTS. 

To be eligible to receive a grant or enter into a contract or cooperative agreement under this part, 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 pre-service 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 or local educational agency 

will incorporate the project into the agency’s technology plan, if 

such a plan already exists. 


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(5) A description of how the project will be continued after 

Federal funds are no longer available under this part for the 

project. 

(6) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project 

objectives. 

SEC. 224. EVALUATION. 

Not less than 10 percent of the funds awarded to an eligible consortium to carry out a project under this part shall be used to evaluate the effectiveness of such project. 

SEC. 225. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated $100,000,000 to carry out 

this part for fiscal year 2009 and such sums as may be necessary 

for each of the 2 succeeding fiscal years. 

PART C—ENHANCING TEACHER EDUCATION 

SEC. 240. 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 

4 succeeding fiscal years. 

Subpart 1—Recruiting Teachers with Math, 

Science, or Language Majors 

SEC. 241. PROGRAM AUTHORIZED. 

(a) GRANTS AUTHORIZED.—From the amounts appropriated under 

section 240, the Secretary shall make competitive grants to institutions of higher education to improve the availability, recruitment, 

and retention of teachers from among students majoring in mathematics, science, foreign languages, special education, or teaching the 

English language to students who are limited English proficient, or 

to a combination of students majoring in such subjects. In making 

such grants, the Secretary shall give priority to institutions of higher education with programs that— 

(1) focus on preparing and retaining teachers in subjects in 

which there is a shortage of highly qualified teachers and that 

prepare students to teach in high-need schools; and 

(2) include plans to seek matching funds from other governmental and non-governmental sources. 

(b) APPLICATION.—Any institution of higher education desiring to 

receive a grant under this subpart shall submit to the Secretary an 

application at such time, in such form, and containing such information and assurances as the Secretary may require, including— 

(1) the number of students who graduated from the institution in the preceding year with the qualifications necessary to 

be teachers with expertise in mathematics, science, a foreign 

language, special education, or teaching limited English proficient individuals; and 

(2) a goal and timeline for increasing the number of such 

teachers who graduate from the institution. 

(c) USE OF FUNDS.—Grant funds made available under this subpart— 


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(1) shall be used to create and provide new recruitment incentives to encourage students who are planning to pursue other 

careers to pursue careers in teaching, with an emphasis on recruiting students who are majoring in high-need subjects such 

as mathematics, science, foreign languages, and special education, and areas relevant to teaching the English language to 

students who are limited English proficient; 

(2) may be used to upgrade curriculum to provide all students 

studying to become teachers with high-quality instructional 

strategies for teaching reading and teaching the English language to students who are limited English proficient, and for 

adopting, modifying, and differentiating instruction to teach 

students with disabilities; 

(3) may be used to integrate department, school, or college of 

education faculty with other arts and science faculty in mathematics, science, foreign languages, special education, and teaching the English language to students who are limited English 

proficient through steps such as— 

(A) dual appointments for faculty between departments, 

schools, or colleges of education and departments, schools, 

or colleges of arts and science; and 

(B) integrating course work with clinical experience; 

(4) may be used to develop strategic plans between departments, schools, or colleges of education and local school districts to better prepare teachers for high-need schools, including 

the creation of professional development partnerships for training new teachers in state-of-the-art teaching practices; and 

(5) may be used to develop or enhance programs aimed at retaining teachers in high-need subjects such as mathematics, 

science, foreign languages, special education, and teaching the 

English language to students who are limited English proficient, and may include providing scholarship assistance to 

current teachers to upgrade their skills. 

Subpart 2—Community Colleges as Partners in 

Teacher Education Grants 

SEC. 251. GRANTS TO COMMUNITY COLLEGES. 

(a) PROGRAM AUTHORIZED.—The Secretary is authorized to award 

grants, on a competitive basis, to eligible entities to assist such entities with— 

(1) establishing or enhancing teacher education programs at 

community colleges that— 

(A) include content and pedagogical training; and 

(B) are aligned with 4-year college and university teacher 

education programs to ensure a seemless transition for students from community colleges to 4-year institutions; 

(2) establishing or enhancing post baccalaureate certification 

programs offered at community colleges; 

(3) developing and delivering a rigorous program of study for 

students interested in a career in teaching; and 

(4) developing and delivering professional development for 

teachers to ensure their continued education and professional 

growth. 


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(b) AUTHORIZED USES OF FUNDS.—Grant funds provided under 

this subpart shall be used to carry out the activities described in 

subsection (a), and may be used to— 

(1) develop curriculum for teacher education programs and 

post baccalaureate certification programs at community colleges; 

(2) establish or enhance clinical experiences for students in 

such teacher education programs and post baccalaureate certification programs; 

(3) establish or enhance professional development programs 

at community colleges that are available for teachers; 

(4) develop new associate degree programs focused on teacher 

preparation; 

(5) increase the alignment between community college teacher 

education programs and 4-year college and university teacher 

education programs, including articulation agreements, common course numbering, and joint admission programs; 

(6) recruit teacher candidates with the goal of diversifying the 

teacher workforce; 

(7) prepare teachers for high-demand subject areas including 

science, mathematics, technology, special education, critical foreign languages, or the education of limited English proficient 

individuals; 

(8) prepare teachers to teach in high-need schools; 

(9) increase coordination between teacher education programs 

and departments, schools, or colleges of arts and sciences; 

(10) encourage teacher education and post baccalaureate programs at times and in formats designed to make these programs more accessible to certain student populations, including 

mid-career professionals transitioning to teaching; and 

(11) carry out other activities that aim to ensure that wellqualified individuals enter into the teaching profession. 

(c) ELIGIBLE ENTITY.—For purposes of this subpart, the term ‘‘eligible entity’’ means an individual community college (or district of 

community colleges), a consortia of community colleges, or a statewide community college system that, for the purposes of carrying out 

activities under this subpart, has entered into a partnership with— 

(1) a four-year institution of higher education with a teacher 

education program, or a consortia of such institutions; and 

(2) at least one of the following: 

(A) The State agency that oversees teacher preparation or 

higher education in the State. 

(B) One or more local educational agencies. 

(C) The State educational agency. 

(D) A professional organization representing teachers. 

(d) APPLICATION.—Each eligible entity desiring a grant under this 

subpart 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) an overview of the goals the eligible entity and its partners 

plan to pursue upon receipt of a grant under this subpart; 

(2) an identification of the institutions, agencies, or organizations that have entered into a partnership with the eligible entity to meet the requirements of subsection (c); 


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(3) a description of how the eligible entity and its partners 

will work to ensure a seemless transition for students from community college to 4-year institutions; 

(4) an assurance by the eligible entity that students will be 

provided with intensive support services, which may include 

mentoring, academic and career support, and support for students who are transitioning, or have transitioned, from the 

community college to the 4-year institution; and 

(5) a description of the rigorous 2-year program of study to 

be provided by the eligible entity, and a description of how such 

program establishes a foundation for students to enter into a 

qualified teacher preparation program at a 4-year institution. 

(e) PRIORITY.—In awarding grants under this subpart, the Secretary shall give priority to applications the goals of which are to— 

(1) increase the diversification of the teacher workforce by enrolling and retaining students from minority racial and ethnic 

backgrounds and others underrepresented in the local education 

workforce; 

(2) prepare teachers for high-demand subject areas including 

science, mathematics, technology, special education, critical foreign languages, or the education of limited English proficient 

individuals; or 

(3) prepare teachers to enter into high-need schools. 

SEC. 252. DEFINITIONS. 

In this subpart: 

(1) COMMUNITY COLLEGE.—The term ‘‘community college’’ has 

the same meaning given the term ‘‘junior or community college’’ 

in section 313. 

(2) FOUR-YEAR INSTITUTION.—The term ‘‘4-year institution’’ 

means an institution of higher education (as defined in section 

101(a)) that provides a 4-year program of instruction for which 

the institution awards a bachelor’s degree. 

(3) QUALIFIED TEACHER PREPARATION PROGRAM.—The term 

‘‘qualified teacher preparation program’’ means an undergraduate program for students at an institution of higher education that— 

(A) encourages collaboration between faculty in education 

and faculty in the relevant subject areas including, sciences 

mathematics, and foreign languages to pursue content coordination for courses taken frequently by students preparing to be teachers; 

(B) offers support services, including mentoring, exposure 

to and field experience in the classroom prior to graduation, or other practices, for students while they are in the 

program, and after graduation while working as teachers; 

and 

(C) focuses on increasing the number of teachers for highdemand subject areas. 

Subpart 3—Honorable Augustus F. Hawkins 

Centers of Excellence 

SEC. 261. DEFINITIONS. 

In this subpart: 


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(1) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’ 

means— 

(A) an institution of higher education that has a teacher 

preparation program that is a qualified teacher preparation 

program under section 252, 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(b)); 

(vii) an Asian American and Pacific Islander-serving 

institution (as defined in section 319(b)); or 

(viii) a Native American-serving non-tribal institution (as defined in section 320(b)); 

(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 262 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 (20 U.S.C. 6368). 

SEC. 262. 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 for 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 close student achievement 

gaps, and are based on rigorous academic content, scientifically valid research (including scientifically based 

reading research), and challenging State student academic content standards; and 

(ii) promote strong teaching skills, as defined in section 200(b). 


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(2) Providing sustained and high-quality pre-service 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; or 

(B) induction and support for teachers and principals 

during their first 3 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. 

(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 not use more 

than 2 percent of the grant funds for purposes of administering the 

grant. 

(f) REGULATIONS.—The Secretary shall prescribe such regulations 

as may be necessary to carry out this subpart. 

Subpart 4—Teach for America 

SEC. 271. TEACH FOR AMERICA. 

(a) DEFINITIONS.— 

(1) GRANTEE.—The term ‘‘grantee’’ means Teach For America, 

Inc. 

(2) HIGH NEED.—Notwithstanding section 200(b), the term 

‘‘high need’’, when used with respect to a local educational 

agency, means a local educational agency experiencing a shortage of highly qualified teachers. 

(b) GRANTS AUTHORIZED.—The Secretary is authorized to award 

a grant to Teach For America, Inc., the national teacher corps of 

outstanding recent college graduates who commit to teach for 2 

years in underserved communities in the United States, to implement and expand its program of recruiting, selecting, training, and 

supporting new teachers. 

(c) REQUIREMENTS.—In carrying out the grant program under 

subsection (b), the Secretary shall enter into an agreement with the 


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grantee under which the grantee agrees to use the grant funds provided under this subpart 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 subpart 

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 pre-service training to such teachers 

through a rigorous summer institute that includes handson teaching experience and significant exposure to education course work and theory. 

(C) Placing such teachers in schools and positions designated by high need local educational agencies as high 

need placements serving underserved students. 

(D) Providing ongoing professional development activities 

for such teachers’ first 2 years in the classroom, including 

regular classroom observations and feedback, and ongoing 

training and support. 

(2) LIMITATION.—The grantee shall use all grant funds received under this subpart to support activities related directly 

to the recruitment, selection, training, and support of teachers 

as described in paragraph (1). 

(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 subpart; 

(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 section 

240, the Secretary shall provide for a study that examines 

the achievement levels of the students taught by the teachers assisted under this subpart. 

(B) ACHIEVEMENT GAINS COMPARED.—The study shall 

compare, within the same schools, the achievement gains 

made by students taught by teachers who are assisted 

under this subpart with the achievement gains made by 

students taught by teachers who are not assisted under this 

subpart. 

(3) REQUIREMENTS.—The Secretary shall provide for such a 

study not less than once every 3 years, and each such study 


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shall include multiple placement sites and multiple schools 

within placement sites. 

(4) PEER REVIEW STANDARDS.—Each such study shall meet 

the peer review standards of the education research community. 

Subpart 5—Early Childhood Education 

Professional Development and Career Task Force 

SEC. 281. PURPOSE. 

It is the purpose of this subpart— 

(1) to improve the quality of the early childhood education 

workforce by creating a statewide early childhood education 

professional development and career task force for early childhood education program staff, directors, and administrators; 

and 

(2) to create— 

(A) a coherent system of core competencies, pathways to 

qualifications, credentials, degrees, quality assurances, access, and outreach, for early childhood education program 

staff, directors, and administrators, that is linked to compensation commensurate with experience and qualifications; 

(B) articulation agreements that enable early childhood 

education professionals to transition easily among degrees; 

and 

(C) compensation initiatives for individuals working in 

an early childhood education program that reflect the individuals’ credentials, degrees, and experience. 

SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM. 

In this subpart, the term ‘‘early childhood education program’’ 

means— 

(1) a family child care program, center-based child care program, State prekindergarten program, or school-based program, 

that— 

(A) provides early childhood education; 

(B) uses developmentally appropriate practices; 

(C) is licensed or regulated by the State; and 

(D) serves children from birth through age 5; 

(2) a Head Start Program carried out under the Head Start 

Act; 

(3) an Early Head Start Program carried out under section 

645A of the Head Start Act; or 

(4) a program authorized under section 619 or part C of the 

Individuals with Disabilities Education Act. 

SEC. 283. GRANTS AUTHORIZED. 

(a) IN GENERAL.—The Secretary is authorized to award grants to 

States in accordance with the provisions of this subpart to enable 

such States— 

(1) to establish a State Task Force described in section 284; 

and 

(2) to support activities of the State Task Force described in 

section 285. 

(b) COMPETITIVE BASIS.—Grants under this subpart shall be 

awarded on a competitive basis. 


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(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In awarding grants 

under this subpart, the Secretary shall take into consideration providing an equitable geographic distribution of such grants. 

(d) DURATION.—Grants under this subpart shall be awarded for 

a period of 3 years. 

SEC. 284. STATE TASK FORCE ESTABLISHMENT. 

(a) STATE TASK FORCE ESTABLISHED.—The Governor of a State 

receiving a grant under this subpart shall establish, or designate an 

existing entity to serve as, the State Early Childhood Education Professional Development and Career Task Force (hereafter in this subpart referred to as the ‘‘State Task Force’’). 

(b) MEMBERSHIP.—The State Task Force shall include a representative of a State educational agency, an institution of higher 

education (including an associate or a baccalaureate degree granting institution of higher education), an early childhood education 

program, a nonprofit early childhood organization, a statewide 

early childhood workforce scholarship or supplemental initiative, 

and any other entity or individual the Governor determines appropriate. 

SEC. 285. STATE TASK FORCE ACTIVITIES. 

(a) ACTIVITIES.—The State Task Force shall— 

(1) coordinate and communicate regularly with existing State 

Advisory Councils on Early Care and Education or a similar 

State entity charged with creating a comprehensive system of 

early care and education in the State (hereafter in this subpart 

referred to as ‘‘State Advisory Councils’’) 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 course work; 

(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 


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(3) develop a plan for a comprehensive statewide professional 

development and career system for individuals working in early 

childhood education programs or for early childhood education 

providers, which plan shall include— 

(A) methods of providing outreach to early childhood 

education program staff, directors, and administrators to 

enable such individuals and providers to be aware of opportunities and resources under the statewide plan, which 

may include outreach to underrepresented populations in 

the profession; 

(B) developing a unified data collection and dissemination system for early childhood education training, professional development, and higher education programs; 

(C) increasing the participation of early childhood educators in high quality training and professional development by assisting in paying the costs of enrollment in and 

completion of such training and professional development 

courses; 

(D) increasing the participation of early childhood educators in postsecondary education programs leading to degrees in early childhood education by providing assistance 

to pay the costs of enrollment in and completion of such 

postsecondary education programs, which assistance— 

(i) shall only be provided to an individual who— 

(I) enters into an agreement under which the individual agrees to work, for a reasonable number 

of years after receiving such a degree, in an early 

childhood education program that is located in a 

low-income area; and 

(II) has a family income equal to or less than the 

annually adjusted national median family income 

as determined by the Bureau of the Census; and 

(ii) shall be provided in an amount that does not exceed $17,500; 

(E) supporting professional development activities and a 

career lattice for a variety of early childhood professional 

roles with varying professional qualifications and responsibilities for early childhood education personnel, including 

strategies to enhance the compensation of such personnel; 

(F) supporting articulation agreements between 2- and 4- 

year public and private institutions of higher education 

and mechanisms to transform other training, professional 

development, and experience into academic credit; 

(G) developing mentoring and coaching programs to support new educators in and directors of early childhood education programs; 

(H) providing career development advising with respect 

to the field of early childhood education, including informing an individual regarding— 

(i) entry into and continuing education requirements 

for professional roles in the field; 

(ii) available financial assistance; and 

(iii) professional development and career advancement in the field; 


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(I) enhancing the quality of faculty and course work 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 activities described in the statewide plan described in subsection 

(a)(3). 

(c) PERIODIC REVIEW.—The State Task Force shall meet periodically to review implementation of the statewide plan and to recommend any changes to the statewide plan the State Task Force determines necessary. 

SEC. 286. STATE APPLICATION AND REPORT. 

(a) IN GENERAL.—Each State desiring a grant under this subpart 

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 285; 

(4) the availability within the State of training, educator 

preparation, professional development, compensation initiatives, 

and career systems, related to early childhood education; and 

(5) the resources available within the State for such training, 

educator preparation, professional development, compensation 

initiatives, and career systems. 

(b) REPORT TO THE SECRETARY.—Not later than 2 years after receiving a grant under this subpart, 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 subpart to develop or expand the State’s early childhood education professional development and career activities; 

(2) the ways in which the State Advisory Council 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 subpart to carry out the activities described 

in section 285. 


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SEC. 287. EVALUATIONS. 

(a) STATE EVALUATION.—Each State receiving a grant under this 

subpart shall— 

(1) evaluate the activities that are assisted under this subpart 

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 286(a)(3), on the quality 

of education, professional development, and training related to early childhood education programs that are offered in the State; 

(E) the change in compensation and retention of individuals working in early childhood education programs within 

the State resulting from the activities; and 

(F) the impact of the activities on the demographic characteristics of individuals working in early childhood education programs; and 

(2) submit a report at the end of the grant period to the Secretary regarding the evaluation described in paragraph (1). 

(b) SECRETARY’S EVALUATION.—Not later than September 30, 

2013, the Secretary, in consultation with the Secretary of Health 

and Human Services, shall prepare and submit to the authorizing 

committees an evaluation of the State reports submitted under subsection (a)(2). 

TITLE III—INSTITUTIONAL AID 

* * * * * * * 

Part A—Strengthening Institutions 

SEC. 311. PROGRAM PURPOSE. 

(a) * * * 

(b) GRANTS AWARDED; SPECIAL CONSIDERATION.—(1) From the 

sums available for this part under section 399(a)(1), the Secretary 

may award grants to any eligible institution with an application 

approved under section ø351¿ 391 in order to assist such an institution to plan, develop, or implement activities that promise to 

strengthen the institution. 

* * * * * * * 

(3) Special consideration shall be given to applications which propose, pursuant to the institution’s plan, to engage in— 

(A) * * * 

* * * * * * * 

(F) student services, including services that will assist in the 

education of special populations. 


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(c) AUTHORIZED ACTIVITIES.—Grants awarded under this section 

shall be used for 1 or more of the following activities: 

(1) * * * 

* * * * * * * 

(6) Tutoring, counseling, and student service programs designed to improve academic success, including innovative, customized, instruction courses designed to help retain students 

and move the students rapidly into core courses and through 

program completion. (7) Education or counseling services designed to improve the 

financial literacy and economic literacy of students or the students’ parents. 

ø(7)¿ (8) Funds management, administrative management, 

and acquisition of equipment for use in strengthening funds 

management. 

ø(8)¿ (9) Joint use of facilities, such as laboratories and libraries. 

ø(9)¿ (10) Establishing or improving a development office to 

strengthen or improve contributions from alumni and the private sector. 

ø(10)¿ (11) Establishing or improving an endowment fund. 

ø(11)¿ (12) Creating or improving facilities for Internet or 

other ødistance learning academic instruction capabilities¿ distance education technologies, including purchase or rental of 

telecommunications technology equipment or services. 

ø(12)¿ (13) Other activities proposed in the application submitted pursuant to øsubsection (c)¿ subsection (b) and section 

391 that— 

(A) * * * 

* * * * * * * 

SEC. 316. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND 

UNIVERSITIES. 

(a) * * * 

(b) DEFINITIONS.—In this section: 

(1) * * * 

* * * * * * * 

ø(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal College or University’’ has the meaning give the term ‘‘tribally 

controlled college or university’’ in section 2 of the Tribally 

Controlled College or University Assistance Act of 1978, and 

includes an institution listed in the Equity in Educational 

Land Grant Status Act of 1994.¿ 

(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal College or University’’ means an institution that— 

(A) qualifies for funding under the Tribally Controlled 

College or University Assistance Act of 1978 (25 U.S.C. 

1801 et seq.) or the Navajo Community College Assistance 

Act (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). 

* * * * * * * 

(c) AUTHORIZED ACTIVITIES.— 

(1) * * * 


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(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—The activities described in paragraph (1) may include— 

(A) * * * 

ø(B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other 

instructional facilities, including purchase or rental of telecommunications technology equipment or services;¿ 

(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; 

(C) support of faculty exchanges, faculty development, 

and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction, or advanced degrees in tribal governance or tribal public policy; 

(D) academic instruction in disciplines in which Indians 

are underrepresented, and in tribal governance or tribal 

public policy; 

* * * * * * * 

(K) establishing community outreach programs that encourage Indian elementary school and secondary school 

students to develop the academic skills and the interest to 

pursue postsecondary education; øand¿ 

(L) developing or improving facilities for Internet use or 

other distance learning academic instruction capabilities; 

and 

ø(L)¿ (M) other activities proposed in the application 

submitted pursuant to subsection (d) that— 

(i) * * * 

* * * * * * * 

ø(d) APPLICATION PROCESS.— 

ø(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). 

ø(2) APPLICATION.—Any Tribal College or University desiring 

to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as 

the Secretary may by regulation reasonably require. The Secretary shall, to the extent possible, prescribe a simplified and 

streamlined format for such applications that takes into account the limited number of institutions that are eligible for 

assistance under this section. Each such application shall include— 

ø(A) a 5-year plan for improving the assistance provided 

by the Tribal College or University to Indian students, increasing the rates at which Indian secondary school students enroll in higher education, and increasing overall 

postsecondary retention rates for Indian students; and 

ø(B) such enrollment data and other information and assurances as the Secretary may require to demonstrate 

compliance with paragraph (1). 

ø(3) SPECIAL RULES.— 


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ø(A) ELIGIBILITY.—No Tribal College or University that 

receives funds under this section shall concurrently receive 

funds under other provisions of this part or part B. 

ø(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. 

ø(C) DISTRIBUTION.—In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such 

grants are awarded, ensure maximum and equitable distribution among all eligible institutions.¿ 

(d) APPLICATION AND ALLOTMENT.— (1) INSTITUTIONAL ELIGIBILITY.—To be eligible to receive assistance under this section, a Tribal College or University shall 

be an eligible institution under section 312(b). 

(2) APPLICATION.—Any Tribal College or University desiring 

to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as the 

Secretary may reasonably require. 

(3) MINIMUM GRANT.—Notwithstanding section 399(c), the 

amount allotted to each institution under this section shall not 

be less than $500,000. 

(4) SPECIAL RULES.— (A) CONCURRENT FUNDING.—For the purposes of this 

part, no Tribal College or University that is eligible for and 

receives funds under this section shall concurrently receive 

funds under other provisions of this part or part B. 

(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. 

(e) ALLOTMENT OF REMAINING FUNDS.—The Secretary shall distribute any funds appropriated to carry out this section for any fiscal year that remain available after the Secretary has awarded 

grants under subsection (e), to each eligible institution as follows: 

(1) 60 percent of the remaining appropriated funds shall be 

distributed among the eligible Tribal Colleges and Universities 

on a pro rata basis, based on the respective Indian student 

counts (as defined in section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)) of 

the Tribal Colleges and Universities; and 

(2) the remaining 40 percent shall be distributed in equal 

shares to the eligible Tribal Colleges and Universities. 

* * * * * * * 

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.—For purposes of this section: 

(1) PREDOMINANTLY BLACK INSTITUTION.—The term ‘‘Predominantly Black Institution’’ means an institution of higher 

education— 

(A) that is an eligible institution (as defined in paragraph (5)(A) of this subsection) with a minimum of 1,000 

undergraduate students; 

(B) at which at least 50 percent of the undergraduate students enrolled at the institution are low-income individuals 


bajohnson on PROD1PC71 with REPORTS
480 

or first-generation college students (as that term is defined 

in section 402A(g)); and 

(C) at which at least 50 percent of the undergraduate students are enrolled in an educational program leading to a 

bachelor’s or associate’s degree that the institution is licensed to award by the State in which it is located. 

(2) LOW-INCOME INDIVIDUAL.—The term ‘‘low-income individual’’ has the meaning given such term in section 402A(g). 

(3) 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 programs’ benefits, or the amount of 

such benefits, or both, are determined on the basis of income or 

resources of the individual or family seeking the benefit. 

(4) STATE.—The term ‘‘State’’ means each of the 50 States and 

the District of Columbia. 

(5) OTHER DEFINITIONS.—For purposes of this section, the 

terms defined by section 312 have the meanings provided by 

that section, except as follows: 

(A) ELIGIBLE INSTITUTION.— (i) The term ‘‘eligible institution’’ means an institution of higher education that— 

(I) has an enrollment of needy undergraduate 

students as required and defined by subparagraph 

(B); 

(II) except as provided in section 392(b), the average educational and general expenditure of 

which are 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; 

(III) has an enrollment of undergraduate students that is at least 40 percent Black American 

students; 

(IV) is legally authorized to provide, and provides within the State, an educational program for 

which the institution awards a bachelors degree, 

or in the case of a junior or community college, an 

associate’s degree; 

(V) 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 

(VI) is not receiving assistance under part B of 

this title. 

(ii) In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students 

described in clause (i)(II) or clause (i)(III). The level of 

priority given to Predominantly Black Institutions with 

large numbers or percentages of students described in 

paragraph (1)(B) shall be twice the level of priority 


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481 

given to Predominantly Black Institutions with large 

numbers or percentages of students described in paragraph (1)(C). 

(B) ENROLLMENT OF NEEDY STUDENTS.—The term ‘‘enrollment of needy students’’ means the enrollment at an eligible institution with respect to which at least 50 percent 

of the undergraduate students enrolled in an academic program leading to a degree— 

(i) in the second fiscal year preceding the fiscal year 

for which the determination is made, were Pell Grant 

recipients in such year; 

(ii) come from families that receive benefits under a 

means-tested Federal benefits program (as defined in 

paragraph (3)); 

(iii) attended a secondary school that was a highneed school during any year of such attendance; or 

(iv) are ‘‘first-generation college students’’ as that 

term is defined in section 402A(g), and a majority of 

such first-generation college students are low-income 

individuals. 

(c) AUTHORIZED ACTIVITIES.— (1) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded pursuant to subsection (d) shall be used by Predominantly Black 

Institutions— 

(A) to assist the 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 title IV 

eligible students by encouraging college preparation and 

student persistence in secondary and postsecondary education; and 

(C) to strengthen the institution’s financial ability to 

serve the academic needs of the students described in subparagraphs (A) and (B). 

(2) AUTHORIZED ACTIVITIES.—Grants made to an institution 

under subsection (d) shall be used for one or more of the following activities: 

(A) The activities described in section 311(c)(1) through 

(11). 

(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 or secondary school in the State that shall include, 

as part of such program, preparation for teacher certification. 

(D) Establishing community outreach programs which 

will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education. 

(E) Other activities proposed in the application submitted 

pursuant to subsection (e) that— 

(i) contribute to carrying out the purposes of this section; and 


bajohnson on PROD1PC71 with REPORTS
482 

(ii) are approved by the Secretary as part of the review and acceptance of such application. 

(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), the 

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 allotment 

of any Predominantly Black Institution may be available for the 

purpose of constructing or maintaining a classroom, library, 

laboratory, or other instructional facility. 

(d) ALLOTMENTS TO PREDOMINANTLY BLACK INSTITUTIONS.— (1) ALLOTMENT: PELL GRANT BASIS.—From the amount 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 (e) a sum which 

bears the same ratio to one-half that amount as the number of 

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 Pell Grant recipients at all institutions eligible under this section. 

(2) ALLOTMENT: GRADUATES BASIS.—From the amount 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 (e) a sum which 

bears the same ratio to one-fourth that amount as the number 

of graduates for such year at such institution bears to the total 

number of graduates for such year at all intuitions eligible 

under this section. 

(3) ALLOTMENT: GRADUATES SEEKING A HIGHER DEGREE

BASIS.—From the amount 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 (e) a sum which bears the same ratio to one-fourth 

of that amount as the percentage of graduates per institution 

who, within 2 years of graduation with an associates degree or 

a baccalaureate degree, are admitted to and in attendance at, 

either 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 per institution for all eligible 

institutions. 

(4) MINIMUM ALLOTMENT.—(A) Notwithstanding paragraphs 

(1), (2), and (3) of this subsection and section 399(c), the 


bajohnson on PROD1PC71 with REPORTS
483 

amount allotted to each Predominantly Black Institution under 

this section shall not be less than $250,000. 

(B) If the amount appropriated pursuant to section 399 for 

any fiscal year is not sufficient to pay the minimum allotment, 

the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, 

such reduced allocation shall be increased on the same basis as 

it was reduced until the amount allotted equals the minimum 

allotment required by subparagraph (A). 

(5) REALLOTMENT.—The amount of a Predominantly Black 

Institution’s allotment under paragraph (1), (2), (3), or (4) for 

any fiscal year, which the Secretary determines will not be required for such institution for the period such allotment is 

available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotment 

to such other institutions under this section for such fiscal year. 

The Secretary shall reallot such amounts from time to time, on 

such date and during such period as the Secretary deems appropriate. 

(e) APPLICATIONS.—No Predominantly Black Institution shall be 

entitled to its allotment of Federal funds for any grant under subsection (d) for any period unless the institution submits an application to the Secretary at such time, in such manner, and containing 

or accompanied by such information as the Secretary may reasonably require. 

(f) APPLICATION REVIEW PROCESS.—Section 393 shall not apply to 

applications under this section. 

(g) PROHIBITION.—No Predominantly Black Institution that applies for and receives a grant under this section may apply for or 

receive funds under any other program under this part or part B 

of this title. 

(h) DURATION AND CARRYOVER.—Any funds paid to a Predominantly Black Institution under this section and not expended or 

used for the purposes for which the funds were paid within 10 years 

following the date of the grant awarded to such institution under 

this section shall be repaid to the Treasury of the United States. 

SEC. 319. 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. 

(b) DEFINITIONS.—For the purpose of this section— 

(1) 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) 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; 

(3) the term ‘‘Asian American and Native American Pacific 

Islander-serving institution’’ means an institution of higher 

education that— 


bajohnson on PROD1PC71 with REPORTS
484 

(A) is an eligible institution under section 312(b); and 

(B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian 

American and Native American Pacific Islander students; 

and 

(4) 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. 

(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. 

(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 

under-represented; 

(L) conducting research and data collection for Asian 

American and Native American Pacific Islander populations and sub-populations; and 

(M) establishing partnerships with community based organizations serving Asian Americans and Native American 

Pacific Islanders. 

(d) APPLICATION PROCESS.— (1) INSTITUTIONAL ELIGIBILITY.—Each Asian American and 

Native American Pacific Islander-serving institution desiring to 

receive assistance under this section shall submit to the SecVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00486 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
485 

retary 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 by regulation require. 

(2) APPLICATIONS.—Any institution which 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 5-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 

(B) such other information and assurance as the Secretary may 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 

other provisions of this part or part B. 

(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. 

(C) DISTRIBUTION.—In awarding grants under this section, the Secretary shall— 

(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 that 

serve a significant percentage of Asian American and 

Native American Pacific Islander students who are 

low-income individuals. 

SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 

(a) PROGRAM AUTHORIZED.—The Secretary shall provide grants 

and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans. 

(b) DEFINITIONS.—In this section: 

(1) NATIVE AMERICAN.—The term ‘‘Native American’’ means 

an individual who is of a tribe, people, or culture that is indigenous to the United States. 

(2) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION.— 

The term ‘‘Native American-serving, nontribal institution’’ 

means an institution of higher education that, at the time of application— 

(A) has an enrollment of undergraduate students that is 

not less than 10 percent Native American students; and 

(B) is not a Tribal College or University (as defined in 

section 316). 

(c) AUTHORIZED ACTIVITIES.— 

(1) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded 

under this section shall be used by Native American-serving, 

nontribal institutions to assist such institutions to plan, deVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00487 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
486 

velop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans. 

(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs 

may include— 

(A) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; 

(B) renovation and improvement in classroom, library, 

laboratory, and other instructional facilities; 

(C) support of faculty exchanges, and faculty development 

and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction; 

(D) curriculum development and academic instruction; 

(E) the purchase of library books, periodicals, microfilm, 

and other educational materials; 

(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; 

(G) the joint use of facilities such as laboratories and libraries; and 

(H) academic tutoring and counseling programs and student support services. 

(d) APPLICATION PROCESS.— 

(1) INSTITUTIONAL ELIGIBILITY.—A Native American-serving, 

nontribal institution desiring to receive assistance under this 

section shall submit to the Secretary such enrollment data as 

may be necessary to demonstrate that the institution is a Native 

American-serving, nontribal institution, along with such other 

information and data as the Secretary may by regulation require. 

(2) APPLICATIONS.— 

(A) PERMISSION TO SUBMIT APPLICATIONS.—Any institution that is determined by the Secretary to be a Native 

American-serving, nontribal institution may submit an application for assistance under this section to the Secretary. 

(B) SIMPLIFIED AND STREAMLINED FORMAT.—The Secretary shall, to the extent possible, prescribe a simplified 

and streamlined format for applications under this section 

that takes into account the limited number of institutions 

that are eligible for assistance under this section. 

(C) CONTENT.—An application submitted under subparagraph (A) shall include— 

(i) a 5-year plan for improving the assistance provided by the Native American-serving, nontribal institution to Native Americans; and 

(ii) such other information and assurances as the 

Secretary may require. 

(3) SPECIAL RULES.— 

(A) ELIGIBILITY.—No Native American-serving, nontribal 

institution that receives funds under this section shall concurrently receive funds under other provisions of this part 

or part B. 

(B) EXEMPTION.—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. 


bajohnson on PROD1PC71 with REPORTS
487 

(C) DISTRIBUTION.—In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such 

grants are awarded, ensure maximum and equitable distribution among all eligible institutions. 

PART B—STRENGTHENING HISTORICALLY BLACK COLLEGES AND

UNIVERSITIES

* * * * * * * 

SEC. 322. DEFINITIONS. 

For the purpose of this part: 

(1) * * * 

* * * * * * * 

(4) The term ‘‘professional and academic areas in which 

Blacks are underrepresented’’ shall be determined by the Secretary, in consultation with the Commissioner of the National 

Center for Education Statistics, and the Commissioner of the 

Bureau of Labor Statistics, on the basis of the most recent 

available satisfactory data, as professional and academic areas 

in which the percentage of Black Americans who have been 

educated, trained, and employed is less than the percentage of 

Blacks in the general population. 

* * * * * * * 

SEC. 323. GRANTS TO INSTITUTIONS. 

(a) GENERAL AUTHORIZATION; USES OF FUNDS.—From amounts 

available under section 360(a)(2) in any fiscal year the Secretary 

shall make grants (under section 324) to institutions which have 

applications approved by the Secretary (under section 325) for any 

of the following uses: 

(1) * * * 

* * * * * * * 

(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 the 

students’ parents, especially with regard to student indebtedness and student assistance programs under the title IV. 

(14) Technical assistance or 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. 

ø(12)¿ (15) Other activities proposed in the application submitted pursuant to section 325 that— 

(A) * * * 

* * * * * * * 

SEC. 324. ALLOTMENTS TO INSTITUTIONS. 

(a) * * * 

* * * * * * * 


bajohnson on PROD1PC71 with REPORTS
488 

ø(d) MINIMUM ALLOTMENT.—(1) Notwithstanding subsections (a), 

(b), and (c), the amount allotted to each part B institution under 

this section shall not be less than $500,000. 

ø(2) If the amount appropriated pursuant to section 360(a)(2)(A) 

for any fiscal year is not sufficient to pay the minimum allotment 

required by paragraph (1) of this subsection to all part B institutions, the amount of such minimum allotments shall be ratably reduced. If additional sums become available for such fiscal year, 

such reduced allocation shall be increased on the same basis as 

they were reduced (until the amount allotted equals the minimum 

allotment required by paragraph (1)).¿ 

(d) MINIMUM ALLOTMENT.—(1) If an otherwise eligible part B institution did not enroll any Pell Grant recipients, or did not graduate any students in the previous academic year, or where appropriate, send any such graduates on to graduate or first-professional 

degree study, the institution shall not receive a grant under this 

part. 

(2) If the data provided by an eligible institution, pursuant to this section, is insufficient to justify an award in excess of $500,000, the 

otherwise eligible institution shall receive an allotment of $500,000, 

except that the Secretary shall not make an award of $500,000 if 

the amount determined based upon the formulas using subsection 

(b), (c), and (d) would be less than $250,000. If the amount determined by the formula would be less than $250,000, the Secretary 

shall award the minimum allotment of $250,000. 

* * * * * * * 

(h) CONDITIONS FOR ALLOTMENTS.—No institution shall receive 

an allotment under this section unless the institution provides data, 

required by the Secretary consistent with the formula in subsections 

(a) through (c), including the number of Pell Grant recipients enrolled in the previous award year; the number of students who 

earned an associate or baccalaureate degree in the previous academic year; and, when appropriate, the percentage of graduates 

who, within the past five years, enrolled in a graduate or first-professional degree program. No institution shall receive an allotment, 

including the minimum allotment under subsection (d), unless the 

institution provides the data required of that institution by the Secretary. 

* * * * * * * 

SEC. 326. PROFESSIONAL OR GRADUATE INSTITUTIONS. 

(a) * * * 

(b) DURATION.—Grants shall be made for a period not to exceed 

5 years. Any funds awarded for such five-year grant period that are 

obligated during such five-year period may be expended during the 

10-year period beginning on the first day of such five-year period. 

(c) USES OF FUNDS.—A grant under this section may be used 

for— 

(1) * * * 

* * * * * * * 

(6) assist in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant 

to section 331; øand¿ 


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489 

(7) funds and administrative management, and the acquisition of equipment, including software, for use in strengthening 

funds management and management information systemsø.¿; 

(8) acquisition of real property 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’ parents, especially with regard to student indebtedness and student assistance programs under the title IV; and 

(10) technical assistance or 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. 

* * * * * * * 

(e) ELIGIBILITY.— 

(1) IN GENERAL.—Independent professional or graduate institutions and programs eligible for grants under subsection (a) 

are the following 

(A) * * * 

* * * * * * * 

(Q) Norfolk State University qualified graduate programs; øand¿ 

(R) Tennessee State University qualified graduate 

programsø.¿; 

(S) Alabama State University qualified graduate programs; 

(T) Bowie State University qualified graduate programs; 

(U) Delaware State University qualified graduate programs; 

(V) Langston University qualified graduate programs; 

(W) Prairie View A&M University qualified graduate 

programs; and 

(X) University of the District of Columbia David A. 

Clarke School of Law. 

* * * * * * * 

(3) SPECIAL RULE.—Institutions that were awarded grants 

under this section prior to October 1, ø1998¿ 2008, shall continue to receive such grants, subject to the availability of appropriated funds, regardless of the eligibility of the institutions 

described in subparagraphs ø(Q) and (R)¿ (S) through (X) of 

paragraph (1). 

* * * * * * * 

(f) FUNDING RULE.—Subject to subsection (g), of the amount appropriated to carry out this section for any fiscal year— 

(1) the first ø$26,600,000¿ $54,500,000 (or any lesser amount 

appropriated) shall be available only for the purposes of making grants to institutions or programs described in subparagraphs (A) through ø(P)¿ (R) of subsection (e)(1); 

(2) any amount in excess of ø$26,600,000, but not in excess 

of $28,600,000¿ $54,500,000, but not in excess of $60,500,000, 

shall be available for the purpose of making grants to instituVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00491 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
490 

tions or programs described in øsubparagraphs (Q) and (R)¿ 

subparagraphs (S) through (X) of subsection (e)(1); and 

(3) any amount in excess of ø$28,600,000¿ $60,500,000, shall 

be made available to each of the institutions or programs identified in subparagraphs (A) through ø(R)¿ (X) pursuant to a 

formula developed by the Secretary that uses the following elements: 

(A) * * * 

* * * * * * * 

SEC. 327. REPORTING AND AUDIT REQUIREMENTS. 

(a) * * * 

ø(b) REPAYMENT OF UNEXPENDED FUNDS.—Any funds paid to an 

institution and not expended or used for the purposes for which the 

funds were paid within 10 years following the date of the initial 

grant awarded to an institution under part B of this title shall be 

repaid to the Treasury of the United States.¿ 

(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. 

PART C—ENDOWMENT CHALLENGE GRANTS FOR INSTITUTIONS

ELIGIBLE FOR ASSISTANCE UNDER PART A OR PART B 

SEC. 331. ENDOWMENT CHALLENGE GRANTS. 

(a) * * * 

(b) GRANTS AUTHORIZED.—(1) * * * 

(2)(A) * * * 

(B) The Secretary may make a grant under this part to an eligible institution in any fiscal year if the institution— 

(i) applies for a grant in an amount not exceeding 

ø$500,000¿ $1,000,000; and 

* * * * * * * 

(5) An endowment challenge grant awarded under this section to 

an eligible institution shall be in an amount which is not less than 

ø$50,000¿ $100,000 in any fiscal year. 

* * * * * * * 

(l) 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. 

PART D—HISTORICALLY BLACK COLLEGE AND 

UNIVERSITY CAPITAL FINANCING 

* * * * * * * 

SEC. 342. DEFINITIONS. 

For the purposes of this part: 


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491 

(1) * * * 

* * * * * * * 

(5) The term ‘‘capital project’’ means, subject to section 

344(b) the repair, renovation, or, in exceptional circumstances, 

the construction or acquisition, of— 

(A) * * * 

* * * * * * * 

(C) instructional equipment technologyø,,¿, research instrumentation, and any capital equipment or fixture related to facilities described in subparagraph (A); 

* * * * * * * 

SEC. 343. FEDERAL INSURANCE FOR BONDS. 

(a) * * * 

* * * * * * * 

(e) SALE OF QUALIFIED BONDS.—Notwithstanding any other provision of law, a qualified bond guaranteed under this part may be 

sold to any party that offers terms that the Secretary determines 

are in the best interest of the eligible institution. 

SEC. 344. LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED 

BY THE DESIGNATED BONDING AUTHORITY. 

(a) LIMIT ON AMOUNT.—At no time shall the aggregate principal 

amount of outstanding bonds insured under this part together with 

any accrued unpaid interest thereon exceed ø$375,000,000¿ 

$1,100,000,000, of which— 

(1) not more than ø$250,000,000¿ $733,333,333 shall be used 

for loans to eligible institutions that are private historically 

Black colleges and universities; and 

(2) not more than ø$125,000,000¿ $366,666,666 shall be used 

for loans to eligible institutions which are historically Black 

public colleges and universities. 

For purposes of paragraphs (1) and (2), Lincoln University of Pennsylvania is an historically Black public institution. No institution 

of higher education that has received assistance under section 8 of 

the Act of March 2, 1867 (20 U.S.C. 123) shall be eligible to receive 

assistance under this part. 

* * * * * * * 

PART E—MINORITY SCIENCE AND 

ENGINEERING IMPROVEMENT PROGRAM 

* * * * * * * 

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 underrepresented minority youth engagement in science, technology, engineering, and mathematics through outreach and handson, experiential-based learning projects that encourage underrepVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00493 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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resented minority students in kindergarten through grade 12 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 5 years. 

(d) NON-FEDERAL MATCHING SHARE REQUIRED.—A partnership 

receiving a grant under this subpart shall provide, from non-Federal 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 of Education 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 math (STEM) fields by 

encouraging young Americans to enter the those fields. 

(b) DESIGN OF CAMPAIGN.—Such a campaign shall be designed to 

enhance the image of education and professions in the STEM fields 

and promote participation in the STEM fields and shall include— 

(1) monitoring trends in youth attitudes toward pursuing 

education and professions in the STEM fields and their propensity toward entering the STEM fields; 

(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.—Such a campaign shall include 

components that focus tailored messages on appropriate age groups, 

starting with elementary school students. Such a campaign shall 

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.—Such a campaign shall hold as a high priority 

making specific appeals to Latinos, African-Americans, and women, 

who are currently under-represented in the STEM fields, in order 

to increase their numbers in the STEM fields, and shall tailor recruitment efforts to each specific group. 


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(e) USE OF VARIETY OF MEDIA.—Such a campaign shall make use 

of a variety of media, with an emphasis on television advertising, 

to reach its intended audience. 

(f) TEACHING.—Such a campaign 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 and secondary school. 

SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN. 

The Secretary shall develop an evaluation and accountability 

plan for projects funded under this subpart to objectively measure 

the impact of such projects, including a measure of whether underrepresented minority student enrollment in courses related to 

science, technology, engineering, and mathematics increases at the 

secondary and postsecondary levels. 

SUBPART ø2¿ 3—ADMINISTRATIVE AND GENERAL PROVISIONS

SEC. 361. ELIGIBILITY FOR GRANTS. 

Eligibility to receive grants under this part is limited to— 

(1) * * * 

* * * * * * * 

(3) nonprofit science-oriented organizations, professional scientific societies, and institutions of higher education that 

award baccalaureate degrees, that— 

(A) * * * 

* * * * * * * 

(B) provide in-service training for project directors, scientists, and engineers from minority institutions; øor¿ 

(4) consortia of organizations, to include public institutions of 

higher education that provide needed services to one or more 

minority institutions, the membership of which may include— 

(A) * * * 

* * * * * * * 

(D) private organizations that have science or engineering facilities; øor¿ 

(E) quasi-governmental entities that have a significant 

scientific or engineering missionø.¿; or 

(F) institutions of higher education which have State-approved centers for research in science, technology, engineering, and mathematics; or 

(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, community-based 

organizations, philanthropic organizations, or State agencies. 

* * * * * * * 

SEC. 365. DEFINITIONS. 

For the purpose of this part— 


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(1) * * * 

* * * * * * * 

(9) The term ‘‘special projects’’ means— 

(A) a special project grant to a minority institution 

which øsupport¿ supports activities that— 

(i) * * * 

* * * * * * * 

PART F—GENERAL PROVISIONS

SEC. 391. APPLICATIONS FOR ASSISTANCE. 

(a) * * * 

(b) CONTENTS.—An institution, in its application for a grant, 

shall— 

(1) * * * 

* * * * * * * 

(7) describe in a comprehensive manner any proposed project 

for which funds are sought under the application and include— 

(A) * * * 

* * * * * * * 

(E) a detailed description of any activity which involves the expenditure of more than $25,000, as identified in the 

budget referred to in øsubparagraph (E)¿ subparagraph 

(D); and 

* * * * * * * 

(e) 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 title. 

* * * * * * * 

SEC. 392. WAIVER AUTHORITY AND REPORTING REQUIREMENT. 

(a) * * * 

* * * * * * * 

(b) WAIVER DETERMINATIONS; EXPENDITURES.—(1) * * * 

* * * * * * * 

(2) The Secretary shall submit to the Congress every other year 

a report concerning the institutions which, although not satisfying 

the criterion contained in section 312(b)(1)(B), have been determined to be øeligible institutions under part A institutions¿ eligible 

institutions under part A which enroll significant numbers of Black 

American, Hispanic, Native American, Asian American, or Native 

Hawaiian students under part A, as the case may be. Such report 

shall— 

(A) * * * 

* * * * * * * 

(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 the law unless enacted with specific reference to this section, for any affected institution that was receiving assistance 


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under this title at the time of a Gulf hurricane disaster, the Secretary shall, for each of the fiscal years 2009 through 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); and 

(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 impacted by any formula calculation for fiscal year 2009 or for any of the 4 succeeding fiscal 

years; 

(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. 

(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, as such term is defined 

in section 312(b); 

(II) an American Indian Tribal College or University, as such term is defined in section 316(b); 

(III) an Alaskan Native-serving institution or 

Native Hawaiian-serving institution, as such terms 

are defined in section 317(b); or 

(IV) a part B institution, as such term is defined 

in section 322(2), or as identified in section 326(e) 

of such Act of 1965 (20 U.S.C. 1063(b)); 

(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 

(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). 

* * * * * * * 


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SEC. 396. LIMITATIONS. 

The funds appropriated under section ø360¿ 399 may not be 

used— 

(1) * * * 

* * * * * * * 

SEC. 399. AUTHORIZATIONS OF APPROPRIATIONS. 

ø(a) AUTHORIZATIONS.— 

ø(1) PART A.—(A) There are authorized to be appropriated to 

carry out part A, $135,000,000 (other than section 316) for fiscal year 1999, and such sums as may be necessary for each of 

the 4 succeeding fiscal years. 

ø(B) There are authorized to be appropriated to carry out 

section 316, $10,000,000 for fiscal year 1999 and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

ø(C) There are authorized to be appropriated to carry out 

section 317, $5,000,000 for fiscal year 1999 and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

ø(2) PART B.—(A) There are authorized to be appropriated to 

carry out part B (other than section 326), $135,000,000 for fiscal year 1999, and such sums as may be necessary for each of 

the 4 succeeding fiscal years. 

ø(B) There are authorized to be appropriated to carry out 

section 326, $35,000,000 for fiscal year 1999, and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

ø(3) PART C.—There are authorized to be appropriated to 

carry out part C, $10,000,000 for fiscal year 1999, and such 

sums as may be necessary for each of the 4 succeeding fiscal 

years. 

ø(4) PART D.—(A) There are authorized to be appropriated to 

carry out part D (other than section 345(7), but including section 347), $110,000 for fiscal year 1999, and such sums as may 

be necessary for each of the 4 succeeding fiscal years. 

ø(B) There are authorized to be appropriated to carry out 

section 345(7), such sums as may be necessary for fiscal year 

1999 and each of the 4 succeeding fiscal years. 

ø(5) PART E.—There are authorized to be appropriated to 

carry out part E, $10,000,000 for fiscal year 1999, and such 

sums as may be necessary for each of the 4 succeeding fiscal 

years.¿ 

(a) AUTHORIZATIONS.— 

(1) PART A.—(A) There are authorized to be appropriated to 

carry out part A, $150,000,000 (other than sections 316 through 

320) for fiscal year 2009, and such sums as may be necessary 

for each of the 4 succeeding fiscal years. 

(B) There are authorized to be appropriated to carry out section 316, $30,000,000 for fiscal year 2009 and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

(C) There are authorized to be appropriated to carry out section 317, $15,000,000 for fiscal year 2009 and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

(D) There are authorized to be appropriated to carry out section 318, $75,000,000 for fiscal year 2009 and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 


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(E) There are authorized to be appropriated to carry out sec- tion 319, $30,000,000 for fiscal year 2009 and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

(F) There are authorized to be appropriated to carry out sec- tion 320, $25,000,000 for fiscal year 2009 and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

(2) PART B.—(A) There are authorized to be appropriated to carry out part B (other than section 326), $300,000,000 for fiscal year 2009, and such sums as may be necessary for each of 

the 4 succeeding fiscal years. 

(B) There are authorized to be appropriated to carry out sec- tion 326, $100,000,000 for fiscal year 2009, and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

(3) PART C.—There are authorized to be appropriated to carry out part C, $20,000,000 for fiscal year 2009, and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

(4) PART D.—(A) There are authorized to be appropriated to 

carry out part D (other than section 345(7), but including section 347), $150,000 for fiscal year 2009, and such sums as may 

be necessary for each of the 4 succeeding fiscal years. 

(B) There are authorized to be appropriated to carry out section 345(7), such sums as may be necessary for fiscal year 2009 

and each of the 4 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 4 succeeding 

fiscal years. 

(B) There are authorized to be appropriated to carry out sub- part 2 of part E, $10,000,000 for fiscal year 2009 and such 

sums as may be necessary for each of the 4 succeeding fiscal 

years. 

* * * * * * * 

(c) MINIMUM GRANT AMOUNT.—The minimum amount of a grant under this title shall be $200,000. 

* * * * * * * 

PART øJ¿ G—STRENGTHENING HISTORICALLY 

BLACK COLLEGES AND UNIVERSITIES AND 

OTHER MINORITY-SERVING INSTITUTIONS 

SEC. ø499A¿ 399A. INVESTMENT IN HISTORICALLY BLACK COLLEGES 

AND UNIVERSITIES AND OTHER MINORITY-SERVING INSTITUTIONS. 

(a) * * * 

* * * * * * * 

TITLE IV—STUDENT ASSISTANCE 

PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF

HIGHER EDUCATION

* * * * * * * 


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Subpart 1—Federal Pell Grants 

SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS; 

APPLICATIONS. 

(a) * * * 

(b) PURPOSE AND AMOUNT OF GRANTS.—(1) * * * 

ø(2)(A) The amount of the Federal Pell Grant for a student eligible under this part shall be— 

ø(i) $4,500 for academic year 1999–2000; 

ø(ii) $4,800 for academic year 2000–2001; 

ø(iii) $5,100 for academic year 2001–2002; 

ø(iv) $5,400 for academic year 2002–2003; and 

ø(v) $5,800 for academic year 2003–2004, 

less an amount equal to the amount determined to be the expected family contribution with respect to that student for that 

year.¿ 

(2)(A) The amount of the Federal Pell Grant for a student eligible under this part shall be $9,000 for each of the academic years 2009– 

2010 through 2013–2014, less an amount equal to the amount determined to be the expected family contribution with respect to that 

student for that year. 

* * * * * * * 

ø(5)(A) The Secretary may allow, on a case-by-case basis, a student to receive 2 Pell grants during a single award year, if— 

ø(i) the student is enrolled full-time in an associate or baccalaureate degree program of study that is 2 years or longer at an 

eligible institution that is computed in credit hours; and 

ø(ii) the student completes course work toward completion of an 

associate or baccalaureate degree that exceeds the requirements for 

a full academic year as defined by the institution. 

ø(B) The Secretary shall promulgate regulations implementing 

this paragraph.¿ 

(5) YEAR-ROUND PELL GRANTS.—The Secretary shall, for students 

enrolled in a baccalaureate degree, associate’s degree, or certificate 

program of study at an eligible institution, award such students not 

more than two Pell grants during an award year to permit such students to accelerate progress toward their degree or certificate objectives by enrolling in courses for more than 2 semesters, or 3 quarters, or the equivalent, in a given academic year. 

* * * * * * * 

(7) No Federal Pell Grant shall be awarded under this subpart 

to any individual who is incarcerated in any Federal or State penal 

institution 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). 

* * * * * * * 

(9) ADDITIONAL FUNDS.— 

(A) * * * 

* * * * * * * 

(F) USE OF FISCAL YEAR FUNDS FOR AWARD YEARS.—The 

amounts made available by subparagraph (A) for any fiscal 

year shall be available and øremain available for use under 


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subparagraph (B) for the award year that begins in such fiscal 

year.¿ remain available for the fiscal year succeeding the fiscal 

year for which such amounts are made available. 

(c) PERIOD OF ELIGIBILITY FOR GRANTS.—(1) * * * 

* * * * * * * 

(5) The period during which a student may receive Federal Pell 

Grants shall not exceed the equivalent of 18 semesters or 27 quarters in duration, as determined by the Secretary by regulation. Such 

regulations shall provide, with respect to a student who received a 

Federal Pell Grant for a semester or quarter but was enrolled at a 

fraction of full-time, that only that same fraction of such semester 

or quarter 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. 

* * * * * * * 

(f) CALCULATION OF ELIGIBILITY.—(1) * * * 

* * * * * * * 

(3) Each contractor processing applications for awards under this 

subpart shall for each academic year after academic year 1986– 

1987 prepare and submit a report to the Secretary on the correctness of the computations of amount of the expected family contribution, and on the accuracy of the questions on the application form 

under this subpart for the previous academic year for which the 

contractor is responsible. The Secretary shall transmit the report, 

together with the comments and recommendations of the Secretary, 

øto the Committee on Appropriations and the Committee on Labor 

and Human Resources of the Senate and the Committee on Appropriations and the Committee on Education and the Workforce of 

the House of Representatives¿ to the Committee on Appropriations 

of the Senate, the Committee on Appropriations of the House of Representatives, and the authorizing committees. 

* * * * * * * 

SEC. 401A. ACADEMIC COMPETITIVENESS GRANTS. 

(a) * * * 

(b) DESIGNATION.—A grant under this section— 

(1) for the first or second øacademic¿ year of a program of 

undergraduate education shall be known as an ‘‘Academic 

Competitiveness Grant’’; and 

(2) for the third or fourth øacademic¿ year of a program of 

undergraduate education shall be known as a ‘‘National 

Science and Mathematics Access to Retain Talent Grant’’ or a 

‘‘National SMART Grant’’. 

(c) DEFINITION OF ELIGIBLE STUDENT.—In this section the term 

‘‘eligible student’’ means a øfull-time¿ student who, for the øacademic¿ award year for which the determination of eligibility is 

made— 

ø(1) is a citizen of the United States;¿ 

(1) is an eligible student under section 484, including being 

enrolled or accepted for enrollment in a degree, certificate, or 

other eligible program leading to a recognized educational credential at an institution of higher education; 

* * * * * * * 


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(3) in the case of a student enrolled or accepted for enrollment in— 

(A) the first øacademic¿ year of a program of undergraduate education at a two- or four-year degree-granting 

institution of higher education— 

(i) has successfully completed, after January 1, 

2006, a rigorous secondary school program of study 

øestablished by a State or local educational agency 

and recognized as such by the Secretary¿ that prepares students for college and work beyond the basic 

graduation requirements and that is recognized as 

such 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; and 

(ii) has not been previously enrolled in a program of 

undergraduate education, except as part of a secondary 

school program of study; 

(B) the second øacademic¿ year of a program of undergraduate education at a two- or four-year degree-granting 

institution of higher education— 

(i) has successfully completed, after January 1, 

2005, a rigorous secondary school program of study 

øestablished by a State or local educational agency 

and recognized as such by the Secretary¿ that prepares students for college and work beyond the basic 

graduation requirements and that is recognized as 

such 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; and 

(ii) has obtained a cumulative grade point average of 

at least 3.0 (or the equivalent as determined under 

regulations prescribed by the Secretary) at the end of 

the first øacademic¿ year of such program of undergraduate education; or 

(C) the third or fourth øacademic¿ year of a program of 

undergraduate education at a four-year degree-granting institution of higher education— 

(i) is pursuing a major in— 

(I) * * * 

ø(II) a foreign language that the Secretary, in 

consultation with the Director of National Intelligence, determines is critical to the national security of the United States; and¿ 

(II) a critical foreign language; and 

(ii) has obtained a cumulative grade point average of 

at least 3.0 (or the equivalent as determined under 

regulations prescribed by the Secretary) in the 

coursework required for the major described in clause 

(i)ø.¿; and 

(D) the third or fourth year of a program of undergraduate education at an institution of higher education 

(as defined in section 101(a)) that demonstrates, to the satisfaction of the Secretary, that the institution— 


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(i) offers a single liberal arts curriculum leading to 

a baccalaureate degree, under which students are not 

permitted by the institution to declare a major in a 

particular subject area, and those students— 

(I) study, in such years, a subject described in 

subparagraph (C)(i) that is at least equal to the requirements for an academic major at an institution of higher education that offers a baccalaureate 

degree in such subject, as certified by an appropriate official from the institution; or 

(II) has obtained a cumulative grade point average of at least 3.0 (or the equivalent as determined 

under regulations prescribed by the Secretary) in 

the relevant coursework; and 

(ii) offered such curriculum prior to February 8, 

2006. 

(d) GRANT AWARD.— 

(1) AMOUNTS.— 

(A) The Secretary shall award a grant under this section 

in the amount of— 

(i) $750 for one academic year during the student’s 

first year of enrollment for an eligible student under 

subsection (c)(3)(A); 

(ii) $1,300 for one academic year during the student’s 

second year of enrollment for an eligible student under 

subsection (c)(3)(B); or 

(iii) $4,000 for one academic year for an eligible student under øsubsection (c)(3)(C).¿ subparagraph (C) or 

(D) of subsection (c)(3), for each of the 2 years described in such subparagraphs; or 

* * * * * * * 

(2) LIMITATIONS.—The Secretary shall not award a grant 

under this section— 

(A) to any student for øan academic¿ a year of a program of undergraduate education described in subparagraph (A), ø(B), or (C)¿ (B), (C), or (D) of subsection (c)(3) 

for which the student received credit before the date of enactment of the Higher Education Reconciliation Act of 

2005; or 

(B) to any student for more than— 

(i) * * * 

(ii) one academic year under subsection (c)(3)(B); 

øor¿ 

ø(iii) two academic years under subsection (c)(3)(C).¿ 

(iii) two academic years under subsection (c)(3)(C); or 

(iv) two academic years under subsection (c)(3)(D). 

(3) ADJUSTMENT FOR LESS THAN FULL-TIME ENROLLMENT.—A 

grant awarded under this section to an eligible student who attends an eligible institution on a less than full-time (but at least 

half-time or more) basis shall be reduced in the same proportion as would a Federal Pell Grant pursuant to section 

401(b)(2)(B). 

* * * * * * * 


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(g) SUNSET PROVISION.—The authority to make grants under this 

section shall expire at the end of øacademic¿ award year 2010– 

2011. 

CHAPTER 1—FEDERAL TRIO PROGRAMS 

SEC. 402A. PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS. 

(a) * * * 

(b) RECIPIENTS, DURATION, AND SIZE.— 

(1) RECIPIENTS.—For the purposes described in subsection 

(a), the Secretary is authorized, without regard to section 3709 

of the Revised Statutes (41 U.S.C. 5), to make grants to, and 

contracts with, institutions of higher education, public and private agencies and organizations community-based organizations with experience in serving disadvantaged youth, combinations of such institutions, agencies and organizations, and øin 

exceptional circumstances,¿ secondary schools, for planning, 

developing, or carrying out one or more of the services assisted 

under this chapter. 

(2) DURATION.—Grants or contracts made under this chapter 

shall be awarded for a period of ø4¿ 5 years, except that— 

ø(A) the Secretary shall award such grants or contracts 

for 5 years to applicants whose peer review scores were in 

the highest 10 percent of scores of all applicants receiving 

grants or contracts in each program competition for the 

same award year;¿ 

ø(B)¿ (A) grants made under section 402G shall be 

awarded for a period of 2 years; and 

ø(C)¿ (B) grants under section 402H shall be awarded 

for a period determined by the Secretary. 

ø(3) MINIMUM GRANTS.—Unless the institution or agency requests a smaller amount, individual grants under this chapter 

shall be no less than— 

ø(A) $170,000 for programs authorized by sections 402D 

and 402G; 

ø(B) $180,000 for programs authorized by sections 402B 

and 402F; and 

ø(C) $190,000 for programs authorized by sections 402C 

and 402E.¿ 

(3) MINIMUM GRANTS.—Unless the institution or agency requests a smaller amount, an individual grant authorized under 

this chapter shall be awarded in an amount that is not less 

than $200,000, except that an individual grant authorized 

under section 402G shall be awarded in an amount that is not 

less than $170,000. 

(c) PROCEDURES FOR AWARDING GRANTS AND CONTRACTS.— 

(1) * * * 

(2) PRIOR EXPERIENCE.—In making grants under this chapter, the Secretary shall consider each applicant’s prior experience of øservice delivery¿ high quality service delivery, as determined under subsection (f), under the particular program for 

which funds are sought. The level of consideration given the 

factor of prior experience shall not vary from the level of consideration given such factor during fiscal years 1994 through 


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1997, except that grants made under section 402H shall not be 

given prior experience consideration. 

(3) ORDER OF AWARDS; PROGRAM FRAUD.—(A) * * * 

(B) The Secretary øis not required to¿ shall not provide assistance to a program otherwise eligible for assistance under 

this chapter, if the Secretary has determined that such program has involved the fraudulent use of funds under this chapter. 

* * * * * * * 

(5) NUMBER OF APPLICATIONS FOR GRANTS AND CONTRACTS.— 

The Secretary shall not limit the number of applications submitted by an entity under any program authorized under this 

chapter if the additional applications describe programs serving different populations or øcampuses¿ different campuses. 

(6) COORDINATION WITH OTHER PROGRAMS FOR DISADVANTAGED STUDENTS.—The Secretary shall encourage coordination 

of programs assisted under this chapter with other programs 

for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding source of such programs. The Secretary shall not limit an entity’s eligibility to 

receive funds under this chapter because such entity sponsors 

a program similar to the program to be assisted under this 

chapter, regardless of the funding source of such program. The 

Secretary shall permit the Director of a program receiving 

funds under this chapter to administer one or more additional 

programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding sources 

of such programs. The Secretary shall require each applicant 

for funds under the programs authorized by this chapter to 

identify services to foster care youth as a permissible service in 

those programs, and to ensure that such youth receive supportive services, including mentoring, tutoring, and other services provided by those programs. 

* * * * * * * 

(e) DOCUMENTATION OF STATUS AS A LOW-INCOME INDIVIDUAL.— 

(1) Except in the case of an independent student, as defined in section 480(d), documentation of an individual’s status pursuant to 

subsection ø(g)(2)¿ (h)(4) shall be made by providing the Secretary 

with— 

(A) * * * 

* * * * * * * 

(2) In the case of an independent student, as defined in section 

480(d), documentation of an individual’s status pursuant to subsection ø(g)(2)¿ (h)(4) shall be made by providing the Secretary 

with— 

(A) * * * 

* * * * * * * 

(3) Notwithstanding this subsection and subsection (i)(4), individuals who are homeless or unaccompanied youth as defined in section 725 of the McKinney-Vento Homeless Assistance Act shall be eligible to participate in programs under sections 402B, 402C, 402D, 

and 402F of this chapter. 

(f) OUTCOME CRITERIA.— 


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504 

(1) USE FOR PRIOR EXPERIENCE DETERMINATION.—The Secretary shall use the outcome criteria described in paragraphs 

(2) and (3) to evaluate the programs provided by a recipient of 

a grant under this chapter, and the Secretary shall determine 

an eligible entity’s prior experience of high quality service delivery, as required under subsection (c)(2), based on the outcome 

criteria. 

(2) DISAGGREGATION OF RELEVANT DATA.—The outcome criteria under this subsection shall be disaggregated by low-income students, first generation college students, and individuals 

with disabilities, in the schools and institutions of higher education served by the program to be evaluated. 

(3) CONTENTS OF OUTCOME CRITERIA.—The outcome criteria 

under this subsection shall measure, annually and for longer 

periods, the quality and effectiveness of programs authorized 

under this chapter and shall include the following: 

(A) For programs authorized under section 402B, the extent to which the eligible entity met or exceeded the entity’s 

objectives established in the entity’s application for such 

program regarding— 

(i) the delivery of service to a total number of students served by the program; 

(ii) the continued secondary school enrollment of 

such students; 

(iii) the graduation of such students from secondary 

school; 

(iv) the completion by such students of a rigorous secondary school program of study that will make them 

eligible for programs such as the Academic Competitiveness Grants; and 

(v) the enrollment of such students in an institution 

of higher education. 

(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 them 

eligible for programs such as the Academic Competitiveness Grants; and 

(vi) the enrollment of such students in an institution 

of higher education. 

(C) For programs authorized under section 402D— 

(i) the extent to which the eligible entity met or exceeded the entity’s objectives regarding the retention in 


bajohnson on PROD1PC71 with REPORTS
505 

postsecondary education of the students served by the 

program; 

(ii)(I) in the case of an entity that is an institution 

of higher education offering a baccalaureate degree, the 

extent to which the percentage of students served by the 

program who completed degree programs met or exceeded the entity’s objectives; or 

(II) in the case of an entity that is an institution of 

higher education that does not offer a baccalaureate 

degree, the extent to which the students served by the 

entity met or exceeded s objectives regarding— 

(aa) the completion of a degree or certificate; and 

(bb) the transfer to institutions of higher education that offer baccalaureate degrees; 

(iii) the extent to which the entity met or exceeded the 

entity’s objectives regarding the delivery of service to a 

total number of students, as agreed upon by the entity 

and the Secretary for the period; and 

(iv) the extent to which the entity met or exceeded the 

entity’s objectives regarding such students remaining 

in good academic standing. 

(D) For programs authorized under section 402E, the extent to which the entity met or exceeded the entity’s objectives for such program regarding— 

(i) the delivery of service to a total number of students, as agreed upon by the entity and the Secretary 

for the period; 

(ii) the provision of appropriate scholarly and research activities for the students served by the program; 

(iii) the acceptance and enrollment of such students 

in graduate programs; and 

(iv) the continued enrollment of such students in 

graduate study and the attainment of doctoral degrees 

by former program participants. 

(E) For programs authorized under section 402F, the extent to which the entity met or exceeded the entity’s objectives for such program regarding— 

(i) the enrollment of students without a secondary 

school diploma or its recognized equivalent, who were 

served by the program, in programs leading to such diploma or equivalent; 

(ii) the enrollment of secondary school graduates who 

were served by the program in programs of postsecondary education; 

(iii) the delivery of service to a total number of students, as agreed upon by the entity and the Secretary 

for the period; and 

(iv) the provision of assistance to students served by 

the program in completing financial aid applications 

and college admission applications. 

(4) MEASUREMENT OF PROGRESS.—In order to determine the 

extent to which an outcome criterion described in paragraph (2) 

or (3) is met or exceeded, the Secretary shall compare the agreed 

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ty’s application approved for funding by the Secretary, with the 

results for the criterion, measured as of the last day of the applicable time period for the determination for each outcome criteria. 

(5) APPEALS.—Upon determination by the Secretary not to accept an application, or upon determination by the Secretary 

through the peer review process as specified in (c)(4) not to fund 

an application, for any program under this chapter, the Secretary shall allow such applicant to appeal to an administrative 

law judge that the Secretary improperly rejected or improperly 

scored the evaluation criteria points. The Secretary shall notify 

each entity requesting assistance under this chapter regarding 

the status of their application at least 90 days prior to the startup date of such program. 

ø(f)¿ (g) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 

making grants and contracts under this chapter, there are authorized to be appropriated ø$700,000,000 for fiscal year 1999, and 

such sums as may be necessary for each of the 4 succeeding fiscal 

years.¿ $950,000,000 for fiscal year 2009 and such sums for each 

of the 4 succeeding fiscal years. Of the amount appropriated under 

this chapter, the Secretary may use no more than 1⁄2 of 1 percent 

of such amount to obtain additional qualified readers and additional staff to review applications, to increase the level of oversight 

monitoring, to support impact studies, program assessments and 

reviews, and to provide technical assistance to potential applicants 

and current grantees. In expending these funds, the Secretary shall 

give priority to the additional administrative requirements provided in the Higher Education Amendments of 1992, to outreach 

activities, and to obtaining additional readers. øThe Secretary shall 

report to Congress by October 1, 1994, on the use of these funds.¿ 

ø(g)¿ (h) DEFINITIONS.—For the purpose of this chapter: 

(1) DIFFERENT CAMPUS.—The term ‘‘different campus’’ means 

a site of an institution of higher education that— 

(A) is geographically apart from the main campus of the 

institution; 

(B) is permanent in nature; and 

(C) offers courses in educational programs leading to a 

degree, certificate, or other recognized educational credential. 

(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. 

ø(1)¿ (3) FIRST GENERATION COLLEGE STUDENT.—The term 

‘‘first generation college student’’ means— 

(A) * * * 

* * * * * * * 


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ø(2)¿ (4) LOW-INCOME INDIVIDUAL.—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. 

ø(3)¿ (5) VETERAN ELIGIBILITY.—No veteran shall be deemed 

ineligible to participate in any program under this chapter by 

reason of such individual’s age who— 

(A) served on active duty for a period of more than 180 

daysø, any part of which occurred after January 31, 1955,¿ 

and was discharged or released therefrom under conditions 

other than dishonorable; øor¿ 

(B) served on active duty øafter January 31, 1955,¿ and 

was discharged or released therefrom because of a service 

connected disabilityø.¿; 

(C) was a member of a reserve component of the Armed 

forces called to active duty for a period of more than 180 

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 

101(a)(13) of title 10, United States Code) on or after September 11, 2001. 

ø(4)¿ (6) WAIVER.—The Secretary may waive the service requirements in øsubparagraph (A) or (B) of paragraph (3)¿ subparagraph (A), (B), or (C) of paragraph (5) if the Secretary determines the application of the service requirements to a veteran will defeat the purpose of a program under this chapter. 

* * * * * * * 

SEC. 402C. UPWARD BOUND. 

(a) * * * 

(b) PERMISSIBLE SERVICES.—Any upward bound project assisted 

under this chapter may provide services such as— 

(1) * * * 

* * * * * * * 

(11) special services, including mathematics and science 

preparation, to enable veterans to make the transition to postsecondary education; and 

* * * * * * * 

(f) ABSOLUTE PRIORITY PROHIBITED IN UPWARD BOUND PROGRAM.—Except as otherwise expressly provided by amendment to 

this section, the Secretary shall not implement or enforce, and shall 

rescind, the absolute priority for Upward Bound Program participant selection and evaluation published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 

55447 et seq.). 

* * * * * * * 

SEC. 402E. POSTBACCALAUREATE ACHIEVEMENT PROGRAM AUTHORITY. 

(a) * * * 

* * * * * * * 


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508 

(c) REQUIREMENTS.—In approving applications for 

postbaccalaureate achievement projects assisted under this section 

for any fiscal year, the Secretary shall require— 

(1) * * * 

(2) an assurance that the remaining persons participating in 

the project proposed to be carried out be from a group that is 

underrepresented in graduate education, including Native Hawaiians, as defined section 317(b)(3), and Pacific Islanders; 

* * * * * * * 

SEC. 402H. øEVALUATIONS AND GRANTS FOR PROJECT IMPROVEMENT 

AND DISSEMINATION PARTNERSHIP PROJECTS.¿ REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT AND DISSEMINATION. 

(a) REPORTS TO THE AUTHORIZING COMMITTEES.—The Secretary 

shall submit annually to the authorizing committees a report that 

documents the performance of all programs funded under this chapter. The report shall— 

(1) be submitted not later than 24 months after the eligible 

entities receiving funds under this chapter are required to report their performance to the Secretary; 

(2) focus on the programs’ performance on the relevant outcome criteria determined under section 402A(f)(4); 

(3) aggregate individual project performance data on the outcome criteria in order to provide national performance data for 

each program; 

(4) include, when appropriate, descriptive data, multi-year 

data, and multi-cohort data; and 

(5) include comparable data on the performance nationally of 

low-income students, first-generation students, and students 

with disabilities. 

ø(a)¿ (b) EVALUATIONS.— 

(1) * * * 

ø(2) PRACTICES.—The evaluations described in paragraph (1) 

shall identify institutional, community, and program or project 

practices that are particularly effective in enhancing the access 

of low-income individuals and first-generation college students 

to postsecondary education, the preparation of the individuals 

and students for postsecondary education, and the success of 

the individuals and students in postsecondary education. Such 

evaluations shall also investigate the effectiveness of alternative and innovative methods within Federal TRIO programs 

of increasing access to, and retention of, students in postsecondary education.¿ 

(2) PRACTICES.— 

(A) IN GENERAL.—The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are particularly effective in— 

(i) enhancing the access of low-income individuals 

and first-generation college students to postsecondary 

education; 

(ii) the preparation of the individuals and students 

for postsecondary education; and 

(iii) fostering the success of the individuals and students in postsecondary education. 


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(B) PRIMARY PURPOSE.—Any evaluation conducted under 

this chapter shall have as its primary purpose the identification of particular practices that further the achievement 

of the outcome criteria determined under section 402A(f)(4). 

(C) DISSEMINATION AND USE OF EVALUATION FINDINGS.— The Secretary shall disseminate to eligible entities and 

make available to the public the practices identified under 

subparagraph (B). Such practices may be used by eligible 

entities that receive assistance under this chapter after the 

dissemination. 

(3) RECRUITMENT.—The Secretary shall not require an eligible entity desiring to receive assistance under this chapter to recruit students to serve as a control group for purposes of evaluating any program or project assisted under this chapter. 

(4) CONSIDERATION.—When designing an evaluation under 

this subsection, the Secretary shall consider— 

(A) the burden placed upon the program participants or 

the eligible entity; and 

(B) approval by the institution’s institutional review 

board. 

ø(b)¿ (c) GRANTS.—The Secretary may award grants to institutions of higher education or other private and public institutions 

and organizations, that are carrying out a program or project assisted under this chapter prior to the date of enactment of the 

Higher Education Amendments of 1998, to enable the institutions 

and organizations to expand and leverage the success of such programs or projects by working in partnership with other institutions, community-based organizations, or combinations of such institutions and organizations, that are not receiving assistance 

under this chapter and are serving low-income students and first 

generation college students, in order to— 

(1) * * * 

* * * * * * * 

ø(c)¿ (d) RESULTS.—In order to improve overall program or 

project effectiveness, the results of evaluations and grants described in this section shall be disseminated by the Secretary to 

similar programs or projects assisted under this subpart, as well as 

other individuals concerned with postsecondary access for and retention of low-income individuals and first-generation college students. 

* * * * * * * 

CHAPTER 2—GAINING EARLY AWARENESS 

AND READINESS FOR UNDERGRADUATE 

PROGRAMS 

SEC. 404A. EARLY INTERVENTION AND COLLEGE AWARENESS PROGRAM AUTHORIZED. 

(a) PROGRAM AUTHORIZED.—The Secretary is authorized, in accordance with the requirements of this chapter, to establish a program that— 

(1) encourages eligible entities to provide or maintain a guarantee to eligible low-income students, including students with 


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510 

disabilities, who obtain a secondary school diploma (or its recognized equivalent), of the financial assistance necessary to 

permit the students to attend an institution of higher education; and 

(2) supports eligible entities in providing— 

(A) additional counseling, mentoring, academic support, 

outreach, and supportive services to elementary school, 

middle school, and secondary school students, including 

students with disabilities, who are at risk of dropping out 

of school; and 

* * * * * * * 

(b) AWARDS.— (1) * * * 

ø(2) PRIORITY.—In making awards to eligible entities described in paragraph (c)(1), the Secretary shall— 

ø(A) give priority to eligible entities that— 

ø(i) on the day before the date of enactment of the 

Higher Education Amendments of 1998, carried out 

successful educational opportunity programs under 

this chapter (as this chapter was in effect on such 

day); and 

ø(ii) have a prior, demonstrated commitment to 

early intervention leading to college access through 

collaboration and replication of successful strategies; 

ø(B) ensure that students served under this chapter on 

the day before the date of enactment of the Higher Education Amendments of 1998 continue to receive assistance 

through the completion of secondary school.¿ 

(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 7 years. 

(3) PRIORITY.—In making awards to eligible entities described 

in subsection (c)(1), the Secretary shall— 

(A) give priority to eligible entities that— 

(i) on the day before the date of enactment of the College Opportunity and Affordability Act of 2007, 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 College Opportunity 

and Affordability Act of 2007 continue to receive assistance 

through the completion of secondary school. 

* * * * * * * 

SEC. 404B. REQUIREMENTS. 

(a) * * * 

* * * * * * * 

(g) COHORT APPROACH.— 

(1) IN GENERAL.—The Secretary shall require that eligible 

entities described in section 404A(c)(2)— 


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511 

(A) provide services under this chapter to at least one 

grade level of students, beginning not later than 7th grade, 

in a participating school that has a 7th grade and in which 

at least 50 percent of the students enrolled are eligible for 

free or reduced-price lunch under the Richard B. Russell 

National School Lunch Act (or, if an eligible entity determines that it would promote the effectiveness of a program, an entire grade level of students, beginning not later 

than the 7th grade, who reside in public housing as defined in section 3(b)(1) of the United States Housing Act 

of 1937); øand¿ 

(B) ensure that the services are provided through the 

12th grade to students in the participating grade levelø.¿ 

and provide the option of continued services through the 

student’s first year of attendance at an institution of higher 

education; and 

(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. 

* * * * * * * 

SEC. 404C. ELIGIBLE ENTITY PLANS. 

(a) * * * 

(b) MATCHING REQUIREMENT.— 

(1) IN GENERAL.—The Secretary shall not approve a plan 

submitted under subsection (a) unless such plan— 

(A) provides that the eligible entity will provide, from 

State, local, institutional, or private funds, not less than 

50 percent of the cost of the program, which matching 

funds may be provided in cash or in kind and accrued over 

the full duration of the grant award period; 

* * * * * * * 

(2) SPECIAL RULE.—Notwithstanding the matching requirement described in paragraph (1)(A), the Secretary may by regulation modify the percentage requirement described in paragraph (1)(A) for eligible entities described in section 404A(c)(2). 

Eligible entities may request a reduced match percentage at the 

time of application or by petition subsequent to a grant award, 

provided that an eligible entity can demonstrate a change in 

circumstances that was unknown at the time of application. 

(3) ADDITIONAL SPECIAL RULE.—To encourage eligible entities 

described in 404A(c) to provide students under this chapter 

with financial assistance for postsecondary education, each dollar of non-Federal funds obligated under subsection (c)(1) and 

(c)(2) shall, for purposes of paragraph (1)(A) of this subsection, 

be treated as 2 dollars. 

(c) METHODS FOR COMPLYING WITH MATCHING REQUIREMENT.— 

An eligible entity may count toward the matching requirement described in subsection (b)(1)(A)— 

(1) the amount of the financial assistance øpaid to students 

from State, local, institutional, or private funds under this 

chapter¿ obligated to students from State, local, institutional, 

or private funds under this chapter, including pre-existing, nonFederal financial assistance programs; 


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512 

(2) the amount of tuition, fees, room or board waived or reduced for recipients of financial assistance under this chapter; 

øand¿ 

(3) the amount expended on documented, targeted, long-term 

mentoring and counseling provided by volunteers or paid staff 

of nonschool organizations, including businesses, religious organizations, community groups, postsecondary educational institutions, nonprofit and philanthropic organizations, and other 

organizationsø.¿; and 

(4) other resources recognized by the Secretary, including 

equipment and supplies, cash contribution from non-Federal 

sources, transportation expenses, in-kind or discounted program 

services, indirect costs, and facility usage. 

* * * * * * * 

SEC. 404D. EARLY INTERVENTION. 

(a) SERVICES.— (1) IN GENERAL.—In order to receive a grant under this chapter, an eligible entity shall demonstrate to the satisfaction of 

the Secretary, in the plan submitted under section 404C, that 

the eligible entity will provide comprehensive mentoring, counseling, outreach, and supportive services to students participating in programs under this chapter. Such counseling shall 

include— 

(A) * * * 

(B) activities or information regarding— 

(i) * * * 

(ii) college admissions and achievement tests; øand¿ 

(iii) college application proceduresø.¿; and 

(iv) the transition to college or postsecondary education through continuity of services to support students in and through the first year of attendance at an 

institution of higher education. 

* * * * * * * 

(b) USES OF FUNDS.— 

(1) * * * 

(2) PERMISSIBLE ACTIVITIES.—Examples of activities that 

meet the requirements of subsection (a) include the following: 

(A) Providing eligible students in preschool through 

grade 12 and students in the first year of attendance at an 

institution of higher education with a continuing system of 

mentoring and advising that— 

(i) is coordinated with the Federal and State community service initiatives; øand¿ 

(ii) may include such support services as after school 

and summer tutoring, assistance in obtaining summer 

jobs, career mentoring, øand academic counseling.¿, 

academic counseling, and financial literacy and economic literacy education or counseling; and 

(iii) may include special programs or tutoring in 

science, technology, engineering, or mathematics. 

* * * * * * * 

(F) Fostering and improving parent and family involvement in elementary and secondary education by promoting 


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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. 

(G) Engaging entities described in section 404A(c)(2)(C) 

in a collaborative manner to provide matching resources 

and participate in other activities authorized under this 

section. 

(H) Disseminating information that promotes the importance of higher education, explains college preparation and 

admission requirements, and raises awareness of the resources and services provided by the eligible entities described in section 404A(c) to eligible students, their families, and communities. 

(3) ADDITIONAL PERMISSIBLE ACTIVITIES FOR STATES.—In 

meeting the requirements of subsection (a), an eligible entity described in section 404A(c) (1) receiving funds under this chapter 

may, in addition to the activities authorized by paragraph (2) 

of this subsection, use funds to provide technical assistance to— 

(A) middle schools or secondary schools that are located 

within the State; or 

(B) partnerships described in section 404A(c)(2) that are 

located within the State. 

(c) PRIORITY STUDENTS.—For eligible entities not using a cohort 

approach, the eligible entity shall treat as priority students any 

student in preschool through øgrade 12 who is eligible¿ grade 12, 

and may consider a student in the first year of attendance at an institution, who is— 

(1) eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965; 

(2) eligible for free or reduced price meals under the Richard 

B. Russell National School Lunch Act; øor¿ 

(3) eligible for assistance pursuant to part A of title IV of the 

Social Security Actø.¿; 

(4) in foster care; or 

(5) a homeless or unaccompanied youth as defined in section 

725 of the McKinney-Vento Homeless Assistance Act. 

* * * * * * * 

SEC. 404E. SCHOLARSHIP COMPONENT. 

(a) IN GENERAL.— 

(1) STATES.—In order to receive a grant under this chapter, 

an eligible entity described in section 404A(c)(1) shall establish 

or maintain a financial assistance program that awards scholarships to students to supplement aid for which they are regularly eligible in accordance with the requirements of this section. The Secretary shall encourage the eligible entity to ensure that a scholarship provided pursuant to this section is 

available to an eligible student for use at any institution of 

higher education. 

(2) PARTNERSHIPS.—An eligible entity described in section 

404A(c)(2) may award scholarships to eligible students to supplement aid for which they are regularly eligible in accordance 

with the requirements of this section. 


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(b) GRANT AMOUNTS.—The maximum amount of a scholarship 

that an eligible student shall be eligible to receive under this section shall be established by the eligible entity. The minimum 

amount of the scholarship for each fiscal year shall not be less than 

the lesser of— 

(1) * * * 

(2) øthe maximum Federal Pell Grant¿ the minimum Federal 

Pell Grant funded under section 401 for such fiscal year. 

* * * * * * * 

SEC. 404H. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this chapter 

ø$200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years¿ $400,000,000 for 

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

4 succeeding fiscal years. 

* * * * * * * 

øCHAPTER 3—ACADEMIC ACHIEVEMENT INCENTIVE 

SCHOLARSHIPS 

øSEC. 406A. SCHOLARSHIPS AUTHORIZED. 

øThe Secretary is authorized to award scholarships to students 

who graduate from secondary school after May 1, 2000, to enable 

the students to pay the cost of attendance at an institution of higher education during the students first 2 academic years of undergraduate education, if the students— 

ø(1) are eligible to receive Federal Pell Grants for the year 

in which the scholarships are awarded; and 

ø(2) demonstrate academic achievement by graduating in the 

top 10 percent of their secondary school graduating class. 

øSEC. 406B. SCHOLARSHIP PROGRAM REQUIREMENTS. 

ø(a) AMOUNT OF AWARD.— 

ø(1) IN GENERAL.—Except as provided in paragraph (2), the 

amount of a scholarship awarded under this chapter for any 

academic year shall be equal to 100 percent of the amount of 

the Federal Pell Grant for which the recipient is eligible for the 

academic year. 

ø(2) ADJUSTMENT FOR INSUFFICIENT APPROPRIATIONS.—If, 

after the Secretary determines the total number of eligible applicants for an academic year in accordance with section 406C, 

funds available to carry out this chapter for the academic year 

are insufficient to fully fund all awards under this chapter for 

the academic year, the amount of the scholarship paid to each 

student under this chapter shall be reduced proportionately. 

ø(b) ASSISTANCE NOT TO EXCEED COST OF ATTENDANCE.—A 

scholarship awarded under this chapter to any student, in combination with the Federal Pell Grant assistance and other student 

financial assistance available to such student, may not exceed the 

student’s cost of attendance. 

øSEC. 406C. ELIGIBILITY OF SCHOLARS. 

ø(a) PROCEDURES ESTABLISHED BY REGULATION.—The Secretary 

shall establish by regulation procedures for the determination of 

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ter. Such procedures shall include measures to prevent any secondary school from certifying more than 10 percent of the school’s 

students for eligibility under this section. 

ø(b) COORDINATION.—In prescribing procedures under subsection 

(a), the Secretary shall ensure that the determination of eligibility 

and the amount of the scholarship is determined in a timely and 

accurate manner consistent with the requirements of section 482 

and the submission of the financial aid form required by section 

483. For such purposes, the Secretary may provide that, for the 

first academic year of a student’s 2 academic years of eligibility 

under this chapter, class rank may be determined prior to graduation from secondary school, at such time and in such manner as the 

Secretary may specify in regulations prescribed under this chapter. 

øSEC. 406D. STUDENT REQUIREMENTS. 

ø(a) IN GENERAL.—Each eligible student desiring a scholarship 

under this chapter shall submit an application to the Secretary at 

such time, in such manner, and containing such information as the 

Secretary may reasonably require. 

ø(b) CONTINUING ELIGIBILITY.—In order for a student to continue 

to be eligible to receive a scholarship under this chapter for the second year of undergraduate education, the eligible student shall 

maintain eligibility to receive a Federal Pell Grant for that year, 

including fulfilling the requirements for satisfactory progress described in section 484(c). 

øSEC. 407E. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this chapter $200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.¿ 

SUBPART 3—FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY

GRANTS

SEC. 413A. PURPOSE; APPROPRIATIONS AUTHORIZED. 

(a) * * * 

(b) AUTHORIZATION OF APPROPRIATIONS.—(1) For the purpose of 

enabling the Secretary to make payments to institutions of higher 

education which have made agreements with the Secretary in accordance with section 413C(a), for use by such institutions for payments to undergraduate students of supplemental grants awarded 

to them under this subpart, there are authorized to be appropriated ø$675,000,000 for fiscal year 1999¿ $875,000,000 for fiscal 

year 2009 and such sums as may be necessary for the 4 succeeding 

fiscal years. 

* * * * * * * 

SEC. 413D. ALLOCATION OF FUNDS. 

(a) * * * 

* * * * * * * 

(c) DETERMINATION OF INSTITUTION’S NEED.—(1) * * * 

* * * * * * * 

(3)(A) * * * 

* * * * * * * 


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516 

(D) The allowance for books and supplies described in subparagraph (A)(iii) is equal to ø$450¿ $600. 

* * * * * * * 

SUBPART 4—LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP

PROGRAM

SEC. 415A. PURPOSE; APPROPRIATIONS AUTHORIZED. 

(a) * * * 

(b) AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY.— 

ø(1) IN GENERAL.—There are authorized to be appropriated 

$105,000,000 for fiscal year 1999, and such sums as may be 

necessary for each of the 4 succeeding fiscal years. 

ø(2) RESERVATION.—For any fiscal year for which the 

amount appropriated under paragraph (1) exceeds $30,000,000, 

the excess shall be available to carry out section 415E.¿ 

(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 4 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. 

* * * * * * * 

SEC. 415C. APPLICATIONS FOR LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAMS. 

(a) * * * 

(b) PAYMENT OF FEDERAL SHARE OF GRANTS MADE BY QUALIFIED

PROGRAM.—From a State’s allotment under this subpart for any 

fiscal year the Secretary is authorized to make payments to such 

State for paying up to 50 percent of the amount of student grants 

pursuant to a State program which— 

(1) * * * 

(2) provides that such grants will be in amounts not in excess of ø$5,000¿ $12,500 per academic year (A) for attendance 

on a full-time basis at an institution of higher education, and 

(B) for campus-based community service work learning study 

jobs; 

* * * * * * * 

(9) provides (A) for such fiscal control and fund accounting 

procedures as may be necessary to assure proper disbursement 

of and accounting for Federal funds paid to the State agency 

under this subpart, and (B) for the making of such reports, in 

such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his functions 

under this subpart; øand¿ 

(10) for any academic year beginning after June 30, 1987, 

provides the non-Federal share of the amount of student 

grants or work-study jobs under this subpart through a direct 

appropriation of State funds for the program under this 

subpartø.¿; and 

(11) provides notification to eligible students that such grants 

are— 


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517 

(A) Leveraging Educational Assistance Partnership 

Grants; and 

(B) funded by the Federal Government and the State. 

* * * * * * * 

øSEC. 415E. SPECIAL LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM. 

ø(a) IN GENERAL.—From amounts reserved under section 

415A(b)(2) for each fiscal year, the Secretary shall— 

ø(1) make allotments among States in the same manner as 

the Secretary makes allotments among States under section 

415B; and 

ø(2) award grants to States, from allotments under paragraph (1), to enable the States to pay the Federal share of the 

cost of the authorized activities described in subsection (c). 

ø(b) APPLICABILITY RULE.—The provisions of this subpart which 

are not inconsistent with this section shall apply to the program 

authorized by this section. 

ø(c) AUTHORIZED ACTIVITIES.—Each State receiving a grant 

under this section may use the grant funds for— 

ø(1) making awards that— 

ø(A) supplement grants received under section 

415C(b)(2) by eligible students who demonstrate financial 

need; or 

ø(B) provide grants under section 415C(b)(2) to additional eligible students who demonstrate financial need; 

ø(2) providing scholarships for eligible students— 

ø(A) who demonstrate financial need; and 

ø(B) who— 

ø(i) desire to enter a program of study leading to a 

career in— 

ø(I) information technology; 

ø(II) mathematics, computer science, or engineering; 

ø(III) teaching; or 

ø(IV) another field determined by the State to 

be critical to the State’s workforce needs; or 

ø(ii) demonstrate merit or academic achievement; 

and 

ø(3) making awards that— 

ø(A) supplement community service work-study awards 

received under section 415C(b)(2) by eligible students who 

demonstrate financial need; or 

ø(B) provide community service work-study awards 

under section 415C(b)(2) to additional eligible students 

who demonstrate financial need. 

ø(d) MAINTENANCE OF EFFORT REQUIREMENT.—Each State receiving a grant under this section for a fiscal year shall provide the 

Secretary an assurance that the aggregate amount expended per 

student or the aggregate expenditures by the State, from funds derived from non-Federal sources, for the authorized activities described in subsection (c) for the preceding fiscal year were not less 

than the amount expended per student or the aggregate expenditures by the State for the activities for the second preceding fiscal 

year. 


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518 

ø(e) FEDERAL SHARE.—The Federal share of the cost of the authorized activities described in subsection (c) for any fiscal year 

shall be not more than 331⁄3 percent. 

ø(f) SPECIAL RULE.—Notwithstanding subsection (d), for purposes 

of determining a State’s share of the cost of the authorized activities described in subsection (c), the State shall consider only those 

expenditures from non-Federal sources that exceed its total expenditures for need-based grants, scholarships, and work-study assistance for fiscal year 1999 (including any such assistance provided 

under this subpart). 

ø(g) USE OF FUNDS FOR ADMINISTRATIVE COSTS PROHIBITED.—A 

State receiving a grant under this section shall not use any of the 

grant funds to pay administrative costs associated with any of the 

authorized activities described in subsection (c).¿ 

SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 

(a) PURPOSE.—It is the purpose of this section to expand college 

access and increase college persistence by making allotments to 

States to enable the States to— 

(1) expand and enhance partnerships with institutions of 

higher education, early information and intervention, mentoring, or outreach programs, private corporations, philanthropic organizations, and other interested parties to carry out 

activities under this section and to provide coordination and cohesion among Federal, State, and local governmental and private efforts that provide financial assistance to help low-income 

students attend college; 

(2) provide need-based access and persistence grants to eligible low-income students; 

(3) provide early notification to low-income students of their 

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 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 its application 

under subsection (c), the Secretary shall make an allotment to such State that is not less than the allotment 

made to such State for the previous fiscal year. 

(ii) PRIORITY.—The Secretary shall give priority in 

making allotments to States that meet the requirements 

under 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. 


bajohnson on PROD1PC71 with REPORTS
519 

(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 equal to 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 equal to 66.66 

percent if a State applies for an allotment under this 

section in partnership with any number of degreegranting 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 NEEDS ANALYSIS.—For the purpose of 

calculating a student’s need in accordance with part F, 

an in kind contribution described in clause (ii) shall 

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 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: 


bajohnson on PROD1PC71 with REPORTS
520 

(i) A description of the State’s plan for using the allotted funds. 

(ii) Assurances 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 and include provisions designed to ensure that funds provided under 

this section will be used to supplement, and not supplant, Federal and non-Federal funds available for 

carrying out the activities under this title. A State that 

uses non-Federal funds to create or expand existing 

partnerships with nonprofit organizations or community-based organizations in which such organizations 

match State funds for student scholarships, may apply 

such matching funds from such organizations toward 

fulfilling the State’s matching obligation under this 

clause. 

(iii) Assurances that early information and intervention, mentoring, or outreach programs exist within the 

State or that there is a plan to make such programs 

widely available. 

(iv) A description of the organizational structure that 

the State has in place to administer the activities 

under subsection (d). 

(v) A description of the steps the State will take to 

ensure students who receive grants under this section 

persist to degree completion. 

(vi) Assurances 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. 

(vii) Assurances that the State will provide notification to eligible low-income students that grants under 

this section are— 

(I) Leveraging Educational Assistance Partnership Grants; and 

(II) funded by the Federal Government and the 

State. 

(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 degree-granting institution of higher education that are located in the 

State; 

(B) new or existing early information and intervention, 

mentoring, or outreach programs located in the State; and 

(C) not less than one— 


bajohnson on PROD1PC71 with REPORTS
521 

(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 matching 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 EDU- CATION.—A degree-granting institution of higher education 

(as defined in section 102) 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 an access and persistence grant under this 

section and are enrolled at such institution; and 

(III) assist the State in the identification of eligible students and the dissemination of early notifications of assistance as agreed to with the State 

agency; and 

(ii) may provide funding for early information and 

intervention, mentoring, or outreach programs or provide such services directly. 

(C) PROGRAMS.—An early information and intervention, 

mentoring, or outreach program that is in a partnership receiving an allotment under this section shall provide direct 

services, support, and information to participating students. 

(D) PHILANTHROPIC ORGANIZATION OR PRIVATE CORPORATION.—A philanthropic organization or private corporation 

that is in a partnership receiving an allotment under this 

section shall provide funds for access and persistence 

grants for participating students, or provide funds or support for early information and intervention, mentoring, or 

outreach programs. 

(d) AUTHORIZED ACTIVITIES.— 


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522 

(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 access and persistence 

grants 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.— (i) PARTNERSHIPS WITH INSTITUTIONS SERVING LESS

THAN A MAJORITY OF STUDENTS IN THE STATE.— (I) IN GENERAL.—In the case where a State receiving an allotment under this section is in a 

partnership described in subsection (b)(2)(B)(i), the 

amount of an access and persistence grant awarded by such State shall be not less than the amount 

that is equal to the average undergraduate tuition 

and mandatory fees at 4-year public institutions of 

higher education in the State where the student resides (less any other Federal or State sponsored 

grant amount, college work study amount, and 

scholarship amount received by the student) and 

such amount shall be used toward the cost of attendance at an institution of higher education, located in the State, that is a partner in the partnership. 

(II) COST OF ATTENDANCE.—A State that has a 

program, apart from the partnership under this 

section, of providing eligible low-income students 

with grants that are equal to the average undergraduate tuition and mandatory fees at 4-year 

public institutions of higher education in the State, 

may increase the amount of access and persistence 

grants awarded by such State up to an amount 

that is equal to the average cost of attendance at 

4-year public institutions of higher education in 

the State (less any other Federal or State sponsored grant amount, college work study amount, 

and scholarship amount received by the student). 

(ii) PARTNERSHIP WITH INSTITUTIONS SERVING THE

MAJORITY OF STUDENTS IN THE STATE.—In the case 

where a State receiving an allotment under this section 

is in a partnership described in subsection (b)(2)(B)(ii), 

the amount of an access and persistence grant awarded 

by such State shall be not less than the average cost of 

attendance at 4-year public institutions of higher education in the State where the student resides (less any 

other Federal or State sponsored grant amount, college 

work study amount, and scholarship amount received 

by the student) and such amount shall be used by the 

student to attend an institution of higher education, located in the State, that is a partner in the partnership. 

(2) EARLY NOTIFICATION.— (A) IN GENERAL.—Each State receiving an allotment 

under this section shall annually notify low-income students (such as students who are eligible to receive a free 


bajohnson on PROD1PC71 with REPORTS
523 

lunch under the school lunch program established under 

the Richard B. Russell National School Lunch Act (42 

U.S.C. 1751 et seq.)) in grade 7 through grade 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. 

(B) CONTENT OF NOTICE.—The notification under subparagraph (A)— 

(i) shall include— 

(I) information about early information and 

intervention, mentoring, or outreach programs 

available to the student; 

(II) information that a student’s candidacy for 

an access and persistence grant is enhanced 

through participation in an early information and 

intervention, mentoring, or outreach program; 

(III) an explanation that student and family eligibility and participation in other Federal meanstested programs may indicate eligibility for an access and persistence grant and other student aid 

programs; 

(IV) a nonbinding estimation of the total amount 

of financial aid a low-income student with a similar income level may expect to receive, including 

an estimation of the amount of an access and persistence grant and an estimation 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 

an access and persistence grant, at a minimum, a 

student shall meet the requirement under paragraph (3), graduate from secondary school, and enroll at an institution of higher education that is a 

partner in the partnership; 

(VI) information on any additional requirements 

(such as a student pledge detailing student responsibilities) that the State may impose for receipt of 

an access and persistence grant under this section; 

and 

(VII) instructions on how to apply for an access 

and persistence grant 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 access and persistence grant awards are contingent upon— 

(I) a determination of the student’s financial eligibility at the time of the student’s enrollment at 

an institution of higher education that is a partner 

in the partnership; 

(II) annual Federal and State appropriations; 

and 


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524 

(III) other aid received by the student at the time 

of the student’s enrollment at an institution of 

higher education that is a partner in the partnership. 

(3) ELIGIBILITY.—In determining which students are eligible 

to receive access and persistence grants, the State shall ensure 

that each such student complies with the following subparagraph (A) or (B): 

(A) Meets not less than 2 of the following criteria, with 

priority given to students meeting all of the following criteria: 

(i) Has an expected family contribution equal to zero 

(as described in section 479) or a comparable alternative based upon the State’s approved criteria in section 415C(b)(4). 

(ii) Has qualified for a free lunch, or at the State’s 

discretion a reduced price lunch, under the school 

lunch program established under the Richard B. Russell National School Lunch Act. 

(iii) Qualifies for the State’s maximum undergraduate award, as authorized under section 415C(b). 

(iv) Is participating in, or has participated in, a Federal, State, institutional, or community early information and intervention, mentoring, or outreach program, 

as recognized by the State agency administering activities under this section. 

(B) Is receiving, or has received, an access and persistence grant under this section, in accordance with paragraph (5). 

(4) GRANT AWARD.—Once a student, including a student who 

has 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 to be eligible 

by the State under paragraph (3), the State shall— 

(A) issue the student a preliminary access and persistence 

grant award certificate with tentative award amounts; and 

(B) inform the student that payment of the access and 

persistence grant award amounts is subject to certification 

of enrollment and award eligibility by the institution of 

higher education. 

(5) DURATION OF AWARD.—An eligible student that receives an 

access and persistence grant 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 baccalaureate degree completion. 

(e) ADMINISTRATIVE COST ALLOWANCE.—A State that receives an 

allotment under this section may reserve not more than 3.5 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 


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525 

an institution of higher education that is in a partnership described 

in subsection (b)(2)(B)(ii) and that receives an allotment under this 

section, a waiver for such institution from statutory or regulatory requirements that inhibit the ability of the institution to successfully 

and efficiently participate in the activities of the partnership. 

(g) APPLICABILITY RULE.—The provisions of this subpart which 

are not inconsistent with this section shall apply to the program authorized by this section. 

(h) MAINTENANCE OF EFFORT REQUIREMENT.—Each State receiving an allotment under this section for a fiscal year shall provide 

the Secretary 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 such 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 its total expenditures for need-based grants, scholarships, and work-study assistance for fiscal year 1999 (including any such assistance provided 

under this subpart). 

(j) REPORTS.—Not later than 3 years after the date of enactment 

of the College Opportunity and Affordability Act of 2007, and annually thereafter, the Secretary shall submit a report describing the activities and the impact of the partnerships under this section to the 

authorizing committees. 

* * * * * * * 

SUBPART 5—SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES

ARE ENGAGED IN MIGRANT AND SEASONAL FARMWORK

SEC. 418A. MAINTENANCE AND EXPANSION OF EXISTING PROGRAMS. 

(a) * * * 

(b) SERVICES PROVIDED BY HIGH SCHOOL EQUIVALENCY PROGRAM.—The services authorized by this subpart for the high school 

equivalency program include— 

(1) recruitment services to reach persons— 

(A) * * * 

(B)(i) who themselves, or whose øparents¿ immediate 

family, have spent a minimum of 75 days during the past 

24 months in migrant and seasonal farmwork; or 

* * * * * * * 

(3) supportive services which include the following: 

(A) * * * 

(B) placement services designed to place students in a 

university, college, or junior college program (including 

preparation for college entrance examinations), or in military service or career positions; and 

* * * * * * * 


bajohnson on PROD1PC71 with REPORTS
526 

(5) øweekly¿ stipends for high school equivalency program 

participants; 

* * * * * * * 

(7) exposure to cultural events, academic programs, and 

other educational and cultural activities usually not available 

to migrant youth; øand¿ 

(8) other essential supportive services (such as transportation 

and child care), as needed to ensure the success of eligible 

studentsø.¿; and 

(9) other activities to improve persistence and retention in 

postsecondary education. 

(c) SERVICES PROVIDED BY COLLEGE ASSISTANCE MIGRANT PRO- GRAM.—(1) Services authorized by this subpart for the college assistance migrant program include— 

(A) outreach and recruitment services to reach persons who 

themselves or whose øparents¿ immediate family have spent a 

minimum of 75 days during the past 24 months in migrant and 

seasonal farmwork or who have participated or are eligible to 

participate, in programs under part C of title I of the Elementary and Secondary Education Act of 1965 (or such part’s predecessor authority) or section 402 of the Job Training Partnership Act or section 167 of the Workforce Investment Act of 

1998, and who meet the minimum qualifications for attendance 

at a college or university; 

(B) supportive and instructional services to improve placement, persistence, and retention in postsecondary education, 

which include: 

(i) personal, academic, øand career¿ career, and economic education or personal finance counseling as an ongoing part of the program; 

* * * * * * * 

(E) exposure to cultural events, academic programs, and 

other activities not usually available to migrant youth; øand¿ 

(F) internships; and 

ø(F)¿ (G) other øsupport services¿ essential supportive services (such as transportation and child care) as necessary to ensure the success of eligible students. 

(2) A recipient of a grant to operate a college assistance migrant 

program under this subpart shall provide followup services for migrant students after such students have completed their first year 

of college, and shall not use more than 10 percent of such grant for 

such followup services. Such followup services may include— 

(A) monitoring and reporting the academic progress of students who participated in the project during such student’s 

first year of college and during such student’s subsequent 

years in college; øand¿ 

(B) referring such students to on- or off-campus providers of 

counseling services, academic assistance, or financial aidø.¿, 

and coordinating such services, assistance, and aid with other 

non-program services, assistance, and aid, including services, 

assistance, and aid provided by community-based organizations, which may include mentoring and guidance; and 

(C) for students attending 2-year institutions of higher education, encouraging the students to transfer to 4-year instituVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00528 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
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tions of higher education, where appropriate, and monitoring 

the rate of transfer of such students. 

* * * * * * * 

(e) FIVE-YEAR GRANT PERIOD; CONSIDERATION OF PRIOR EXPERIENCE.—Except under extraordinary circumstances, the Secretary 

shall award grants for a 5-year period. For the purpose of making 

grants under this subpart, the Secretary shall consider the prior 

experience of service delivery under the particular project for which 

funds are sought by each applicant. Such prior experience shall be 

awarded the same level of consideration given this factor for applicants for programs in accordance with øsection 402A(c)(1)¿ section 

402A(c)(2). 

(f) MINIMUM ALLOCATIONS.—The Secretary shall not allocate an 

amount less than— 

(1) ø$150,000¿ $180,000 for each project under the high 

school equivalency program, and 

(2) ø$150,000¿ $180,000 for each project under the college 

assistance migrant program. 

(g) RESERVATION OF FUNDS.—From the amounts made available 

under subsection (i), the Secretary may reserve not more than a total 

of one-half of 1 percent for outreach activities, technical assistance, 

and professional development programs relating to the programs 

under subsection (a). 

(h) DATA COLLECTION.—The Commissioner for Education Statistics shall— 

(1) annually collect data on persons receiving services authorized under this subpart regarding such persons rates of secondary school graduation, entrance into postsecondary education, and completion of postsecondary education; 

(2) not less often than once every 2 years, prepare and submit 

to the authorizing committees a report based on the most recently available data under paragraph (1) to the authorizing 

committees; and 

(3) make such report available to the public. 

ø(g) DATA COLLECTION.—The National Center for Education Statistics shall collect postsecondary education data on migrant students.¿ 

ø(h)¿ (i) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated for the high school equivalency program ø$15,000,000 for fiscal year 1999 and such sums as may be 

necessary for each of the 4 succeeding fiscal years.¿ such sums as 

may be necessary for fiscal year 2009 and each of the 4 succeeding 

fiscal years. 

(2) There are authorized to be appropriated for the college assistance migrant program ø$5,000,000 for fiscal year 1999 and such 

sums as may be necessary for each of the 4 succeeding fiscal 

years.¿ such sums for fiscal year 2009 and each of the 4 succeeding 

fiscal years. 

* * * * * * * 


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øSUBPART 6—ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM

øSEC. 419A. STATEMENT OF PURPOSE. 

øIt is the purpose of this subpart to establish a Robert C. Byrd 

Honors Scholarship Program to promote student excellence and 

achievement and to recognize exceptionally able students who show 

promise of continued excellence. 

øSEC. 419C. SCHOLARSHIPS AUTHORIZED. 

ø(a) PROGRAM AUTHORITY.—The Secretary is authorized, in accordance with the provisions of this subpart, to make grants to 

States to enable the States to award scholarships to individuals 

who have demonstrated outstanding academic achievement and 

who show promise of continued academic achievement. 

ø(b) PERIOD OF AWARD.—Scholarships under this section shall be 

awarded for a period of not less than 1 or more than 4 years during 

the first 4 years of study at any institution of higher education eligible to participate in any programs assisted under this title. The 

State educational agency administering the program in a State 

shall have discretion to determine the period of the award (within 

the limits specified in the preceding sentence), except that— 

ø(1) if the amount appropriated for this subpart for any fiscal year exceeds the amount appropriated for this subpart for 

fiscal year 1993, the Secretary shall identify to each State educational agency the number of scholarships available to that 

State under section 419D(b) that are attributable to such excess; 

ø(2) the State educational agency shall award not less than 

that number of scholarships for a period of 4 years. 

ø(c) USE AT ANY INSTITUTION PERMITTED.—A student awarded a 

scholarship under this subpart may attend any institution of higher education. 

ø(d) BYRD SCHOLARS.—Individuals awarded scholarships under 

this subpart shall be known as ‘‘Byrd Scholars’’. 

øSEC. 419D. ALLOCATION AMONG STATES. 

ø(a) ALLOCATION FORMULA.—From the sums appropriated pursuant to the authority of section 419K for any fiscal year, the Secretary shall allocate to each State that has an agreement under 

section 419E an amount equal to $1,500 multiplied by the number 

of scholarships determined by the Secretary to be available to such 

State in accordance with subsection (b). 

ø(b) NUMBER OF SCHOLARSHIPS AVAILABLE.—The number of 

scholarships to be made available in a State for any fiscal year 

shall bear the same ratio to the number of scholarships made available to all States as the State’s population ages 5 through 17 bears 

to the population ages 5 through 17 in all the States, except that 

not less than 10 scholarships shall be made available to any State. 

ø(c) USE OF CENSUS DATA.—For the purpose of this section, the 

population ages 5 through 17 in a State and in all the States shall 

be determined by the most recently available data, satisfactory to 

the Secretary, from the Bureau of the Census. 

ø(d) CONSOLIDATION BY INSULAR AREAS PROHIBITED.—Notwithstanding section 501 of Public Law 95–1134 (48 U.S.C. 1469a), 

funds allocated under this part to an Insular Area described in that 

section shall be deemed to be direct payments to classes of individuals, and the Insular Area may not consolidate such funds with 


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529 

other funds received by the Insular Area from any department or 

agency of the United States Government. 

ø(e) FAS ELIGIBILITY.— ø(1) FISCAL YEARS 2000 THROUGH 2004.—Notwithstanding any 

other provision of this subpart, in the case of students from the 

Freely Associated States who may be selected to receive a 

scholarship under this subpart for the first time for any of the 

fiscal years 2000 through 2004— 

ø(A) there shall be 10 scholarships in the aggregate 

awarded to such students for each of the fiscal years 2000 

through 2004; and 

ø(B) the Pacific Regional Educational Laboratory shall 

administer the program under this subpart in the case of 

scholarships for students in the Freely Associated States. 

ø(2) TERMINATION OF ELIGIBILITY.—A student from the Freely Associated States shall not be eligible to receive a scholarship under this subpart after September 30, 2004. 

øSEC. 419E. AGREEMENTS. 

øThe Secretary shall enter into an agreement with each State desiring to participate in the scholarship program authorized by this 

subpart. Each such agreement shall include provisions designed to 

assure that— 

ø(1) the State educational agency will administer the scholarship program authorized by this subpart in the State; 

ø(2) the State educational agency will comply with the eligibility and selection provisions of this subpart; 

ø(3) the State educational agency will conduct outreach activities to publicize the availability of scholarships under this 

subpart to all eligible students in the State, with particular 

emphasis on activities designed to assure that students from 

low-income and moderate-income families have access to the 

information on the opportunity for full participation in the 

scholarship program authorized by this subpart; and 

ø(4) the State educational agency will pay to each individual 

in the State who is awarded a scholarship under this subpart 

$1,500. 

øSEC. 419F. ELIGIBILITY OF SCHOLARS. 

ø(a) HIGH SCHOOL GRADUATION OR EQUIVALENT AND ADMISSION

TO INSTITUTION REQUIRED.—Each student awarded a scholarship 

under this subpart shall be a graduate of a public or private secondary school or have the equivalent of a certificate of graduation 

as recognized by the State in which the student resides and must 

have been admitted for enrollment at an institution of higher education. 

ø(b) SELECTION BASED ON PROMISE OF ACADEMIC ACHIEVEMENT.—Each student awarded a scholarship under this subpart 

must demonstrate outstanding academic achievement and show 

promise of continued academic achievement. 

øSEC. 419G. SELECTION OF SCHOLARS. 

ø(a) ESTABLISHMENT OF CRITERIA.—The State educational agency 

is authorized to establish the criteria for the selection of scholars 

under this subpart. 

ø(b) ADOPTION OF PROCEDURES.—The State educational agency 

shall adopt selection procedures designed to ensure an equitable 


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geographic distribution of awards within the State (and in the case 

of the Federated States of Micronesia, the Republic of the Marshall 

Islands, the Virgin Islands, American Samoa, the Commonwealth 

of the Northern Mariana Islands, Guam, or Palau (until such time 

as the Compact of Free Association is ratified), not to exceed 10 individuals will be selected from such entities). 

ø(c) CONSULTATION REQUIREMENT.—In carrying out its responsibilities under subsections (a) and (b), the State educational agency shall consult with school administrators, school boards, teachers, 

counselors, and parents. 

ø(d) TIMING OF SELECTION.—The selection process shall be completed, and the awards made, prior to the end of each secondary 

school academic year. 

øSEC. 419H. STIPENDS AND SCHOLARSHIP CONDITIONS. 

ø(a) AMOUNT OF AWARD.—Each student awarded a scholarship 

under this subpart shall receive a stipend of $1,500 for the academic year of study for which the scholarship is awarded, except 

that in no case shall the total amount of financial aid awarded to 

such student exceed such student’s total cost-of-attendance. 

ø(b) USE OF AWARD.—The State educational agency shall establish procedures to assure that a scholar awarded a scholarship 

under this subpart pursues a course of study at an institution of 

higher education. 

øSEC. 419J. CONSTRUCTION OF NEEDS PROVISIONS. 

øExcept as provided in section 471, nothing in this subpart, or 

any other Act, shall be construed to permit the receipt of a scholarship under this subpart to be counted for any needs test in connection with the awarding of any grant or the making of any loan 

under this Act or any other provision of Federal law relating to 

educational assistance. 

øSEC. 419K. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated for this subpart 

$45,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.¿ 

Subpart 6—Robert C. Byrd American 

Competitiveness Program 

SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE HONORS 

SCHOLARSHIP PROGRAM. 

(a) PURPOSE.—The purpose of this section is to award scholarships to students who are enrolled in studies leading to baccalaureate and advanced degrees in physical, life, or computer 

sciences, mathematics, or engineering. 

(b) DEFINITIONS.—As used in this section— 

(1) the term ‘‘computer science’’ means the branch of knowledge or study of computers, including such fields of knowledge 

or study as computer hardware, computer software, computer 

engineering, information systems, and robotics; 

(2) the term ‘‘eligible student’’ means a student who— 

(A) is a citizen of the United States; 

(B) is selected by the managing agent to receive a scholarship; 


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531 

(C) is enrolled full-time in an institution of higher education, other than a United States service academy; and 

(D) has shown a commitment to and is pursuing a major 

in studies leading to a baccalaureate, masters, or doctoral 

degree (or a combination thereof) in physical, life, or computer sciences, mathematics, or engineering; 

(3) the term ‘‘engineering’’ means the science by which the 

properties of matter and the sources of energy in nature are 

made useful to humanity in structures, machines, and products, 

as in the construction of engines, bridges, buildings, mines, and 

chemical plants, including such fields of knowledge or study as 

aeronautical engineering, chemical engineering, civil engineering, electrical engineering, industrial engineering, materials engineering, manufacturing engineering, and mechanical engineering; 

(4) the term ‘‘life sciences’’ means the branch of knowledge or 

study of living things, including such fields of knowledge or 

study as biology, biochemistry, biophysics, microbiology, genetics, physiology, botany, zoology, ecology, and behavioral biology, 

except that the term does not encompass social psychology or the 

health professions; 

(5) the term ‘‘managing agent’’ means an entity to which an 

award is made under subsection (c) to manage a program of 

Mathematics and Science Honors Scholarships; 

(6) the term ‘‘mathematics’’ means the branch of knowledge or 

study of numbers and the systematic treatment of magnitude, 

relationships between figures and forms, and relations between 

quantities expressed symbolically, including such fields of 

knowledge or study as statistics, applied mathematics, and operations research; and 

(7) the term ‘‘physical sciences’’ means the branch of knowledge or study of the material universe, including such fields of 

knowledge or study as astronomy, atmospheric sciences, chemistry, earth sciences, ocean sciences, physics, and planetary 

sciences. 

(c) AWARD.— 

(1)(A) From funds appropriated under section 419F to carry 

out this section, the Secretary is authorized, through a grant or 

cooperative agreement, to make an award to a private, non-profit organization, other than an institution of higher education or 

system of institutions of higher education, to manage, through 

a public and private partnership, a program of Mathematics 

and Science Honors Scholarships under this section. 

(B) The award under subparagraph (A) shall be for a fiveyear period. 

(2)(A) One hundred percent of the funds awarded under paragraph (1)(A) for any fiscal year shall be obligated and expended 

solely on scholarships to eligible students. 

(B) No Federal funds shall be used to provide more than 50 

percent of the cost of any scholarship to an eligible student. 

(C) The maximum scholarship award shall be the difference 

between an eligible student’s cost of attendance minus any nonloan based aid such student receives. 

(3)(A) The Secretary may establish— 


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532 

(i) eligibility criteria for applicants for managing agent, 

including criteria regarding financial and administrative 

capability; and 

(ii) operational standards for the managing agent, including management and performance requirements, such 

as audit, recordkeeping, record retention, and reporting 

procedures and requirements. 

(B) The Secretary, as necessary, may review and revise any 

criteria, standards, and rules established under this paragraph 

and, through the agreement with the managing agent, see that 

any revisions are implemented. 

(4) If the managing agent fails to meet the requirements of 

this section the Secretary may terminate the award to the managing agent. 

(5) The Secretary shall conduct outreach efforts to help raise 

awareness of the Mathematics and Science Honors Scholarships. 

(d) DUTIES OF THE MANAGING AGENT.—The managing agent 

shall— 

(1) develop criteria to award Mathematics and Science Honors Scholarships based on established measurements available 

to secondary students who wish to pursue degrees in physical, 

life, or computer sciences, mathematics, or engineering; 

(2) establish a Mathematics and Science Honors Scholarship 

Fund in a separate, named account that clearly discloses the 

amount of Federal and non-Federal funds deposited in the account and used for scholarships under this section; 

(3) solicit funds for scholarships and for the administration 

of the program from non-Federal sources; 

(4) solicit applicants for scholarships; 

(5) from the amounts in the Fund, award scholarships to eligible students and transfer such funds to the institutions of 

higher education that they attend; 

(6) annually submit to the Secretary a financial audit and a 

report on the progress of the program, and such other documents as the Secretary may require to determine the effective 

management of the program; and 

(7) shall not develop a criteria that discriminates against a 

student based on the type of program in which the student completed his or her secondary education. 

(e) APPLICATIONS.— 

(1) Any eligible entity that desires to be the managing agent 

under this section shall submit an application to the Secretary, 

in such form and containing such information, as the Secretary 

may require. 

(2) Each application shall include a description of— 

(A) how the applicant meets or will meet requirements established under subsections (c)(3)(A) and (d); 

(B) how the applicant will solicit funds for scholarships 

and for the administration of the program from non-Federal sources; 

(C) how the applicant will provide nationwide outreach 

to inform students about the program and to encourage students to pursue degrees in physical, life, or computer 

sciences, mathematics, or engineering; 


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(D) how the applicant will solicit applications for scholarships, including how the applicant will balance efforts in 

urban and rural areas; 

(E) the selection criteria based on established measurements available to secondary students the applicant will 

use to award scholarships and to renew those awards; 

(F) how the applicant will inform the institution of higher education chosen by the recipient of the name and scholarship amount of the recipient; 

(G) what procedures and assurances the applicant and 

the institution of higher education that the recipient attends will use to verify student eligibility, attendance, degree progress, and academic performance and to deliver 

and account for payments to such institution; 

(H) the management (including audit and accounting) 

procedures the applicant will use for the program; 

(I) the human, financial, and other resources that the applicant will need and use to manage the program; 

(J) how the applicant will evaluate the program and report to the Secretary annually; and 

(K) a description of how the entity will coordinate with, 

complement, and build on similar public and private mathematics and science programs. 

(f) SCHOLARSHIP RECIPIENTS.— (1) A student receiving a scholarship under this section shall 

be known as a Byrd Mathematics and Science Honors Scholar. 

(2) Any student desiring to receive a scholarship under this 

section shall submit an application to the managing agent in 

such form, and containing such information, as the managing 

agent may require. 

(3) Any student that receives a scholarship under this section 

shall enter into an agreement with the managing agent to complete 5 consecutive years of service to begin no later than 12 

months following completion of the final degree in a position related to the field in which the student obtained the degree. 

(4) If any student that receives a scholarship under this section fails to earn at least a baccalaureate degree in physical, 

life, or computer sciences, mathematics, or engineering as defined under this section, the student shall repay to the managing agent the amount of any financial assistance paid to such 

student. 

(5) If any student that receives a scholarship under this section fails to meet the requirements of paragraph (3), the student 

shall repay to the managing agent the amount of any financial 

assistance paid to such student. 

(6)(A) Scholarships shall be awarded for only one academic 

year of study at a time. 

(B)(i) A scholarship shall be renewable on an annual basis 

for the established length of the academic program if the student awarded the scholarship remains eligible. 

(ii) The managing agent may condition renewal of a scholarship on measures of academic progress and achievement, with 

the approval of the Secretary. 

(C)(i) If a student fails to either remain eligible or meet established measures of academic progress and achievement, the 


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managing agent shall instruct the student’s institution of higher education to suspend payment of the student’s scholarship. 

(ii) A suspension of payment shall remain in effect until the 

student is able to demonstrate to the satisfaction of the managing agent that he or she is again eligible and meets the established measures of academic progress and achievement. 

(iii) A student’s eligibility for a scholarship shall be terminated if a suspension period exceeds 12 months. 

(D)(i)(I) A student awarded a scholarship may, in a manner 

and under the terms established by, and with the approval of, 

the managing agent, postpone or interrupt his or her enrollment 

at an institution of higher education for up to 12 months. 

(II) Such a postponement or interruption shall not be considered a suspension for purposes of subparagraph (C). 

(ii) Neither a student nor the student’s institution of higher 

education shall receive the student’s scholarship payments during the period of postponement or interruption, but such payments shall resume upon enrollment or reenrollment. 

(iii) In exceptional circumstances, such as serious injury or 

illness or the necessity to care for family members, the student’s 

postponement or interruption may, upon notification and approval of the managing agent, be extended beyond the 12 month 

period described in clause (i)(I). 

(g) RESPONSIBILITIES OF INSTITUTION OF HIGHER EDUCATION.— 

(1) The managing agent shall require any institution of higher education that enrolls a student who receives a scholarship 

under this section to annually provide an assurance, prior to 

making any payment, that the student— 

(A) is eligible in accordance with subsection (b)(2); and 

(B) has provided the institution with a written commitment to attend, or is attending, classes and is satisfactorily 

meeting the institution’s academic criteria for enrollment in 

its program of study. 

(2)(A) The managing agent shall provide the institution of 

higher education with payments from the Fund for selected recipients in at least two installments. 

(B) If a recipient declines a scholarship, does not attend 

courses, transfers to another institution of higher education, or 

becomes ineligible for a scholarship, an institution of higher 

education shall return prorated amounts of any scholarship 

payment to that recipient to the managing agent, who shall deposit it in to the Fund. 

SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PROGRAM. 

(a) PROGRAM.— 

(1) IN GENERAL.—The Secretary is authorized to carry out a 

program of assuming the obligation to pay, pursuant to the provisions of this section, the interest on a loan made, insured, or 

guaranteed under part B or D of this title. 

(2) ELIGIBILITY.—The Secretary may assume interest payments under paragraph (1) only for a borrower who— 

(A) has submitted an application in compliance with subsection (d); 

(B) obtained one or more loans described in paragraph 

(1) as an undergraduate student; 


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535 

(C) is a new borrower (within the meaning of section 

103(7) of this Act) on or after the date of enactment of the 

College Opportunity and Affordability Act of 2007; 

(D) is a highly qualified teacher (as defined in section 

9101 of the Elementary and Secondary Education Act of 

1965) of science, technology, engineering or mathematics at 

an elementary or secondary school in a high need local educational agency, or is a mathematics, science, or engineering professional; and 

(E) enters into an agreement with the Secretary to complete 5 consecutive years of service in a position described 

in subparagraph (D), starting on the date of the agreement. 

(3) PRIOR INTEREST LIMITATIONS.—The Secretary shall not 

make any payments for interest that— 

(A) accrues prior to the beginning of the repayment period on a loan in the case of a loan made under section 

428H or a Federal Direct Unsubsidized Stafford Loan; or 

(B) has accrued prior to the signing of an agreement 

under paragraph (2)(E). 

(4) INITIAL SELECTION.—In selecting participants for the program under this section, the Secretary— 

(A) shall choose among eligible applicants on the basis 

of— 

(i) the national security, homeland security, and economic security needs of the United States, as determined by the Secretary, in consultation with other Federal agencies, including the Departments of Labor, Defense, Homeland Security, Commerce, and Energy, the 

Central Intelligence Agency, and the National Science 

Foundation; and 

(ii) the academic record or job performance of the applicant; and 

(B) may choose among eligible applicants on the basis 

of— 

(i) the likelihood of the applicant to complete the 5- 

year service obligation; 

(ii) the likelihood of the applicant to remain in 

science, mathematics, or engineering after the completion of the service requirement; or 

(iii) other relevant criteria determined by the Secretary. 

(5) AVAILABILITY SUBJECT TO APPROPRIATIONS.—Loan interest 

payments under this section shall be subject to the availability 

of appropriations. If the amount appropriated for any fiscal 

year is not sufficient to provide interest payments on behalf of 

all qualified applicants, the Secretary shall give priority to 

those individuals on whose behalf interest payments were made 

during the preceding fiscal year. 

(6) REGULATIONS.—The Secretary is authorized to prescribe 

such regulations as may be necessary to carry out the provisions 

of this section. 

(b) DURATION AND AMOUNT OF INTEREST PAYMENTS.—The period 

during which the Secretary shall pay interest on behalf of a student 

borrower who is selected under subsection (a) is the period that begins on the effective date of the agreement under subsection 


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(a)(2)(E), continues after successful completion of the service obligation, and ends on the earlier of— 

(1) the completion of the repayment period of the loan; 

(2) payment by the Secretary of a total of $5,000 on behalf of 

the borrower; 

(3) if the borrower ceases to fulfill the service obligation under 

such agreement prior to the end of the 5-year period, as soon 

as the borrower is determined to have ceased to fulfill such obligation in accordance with regulations of the Secretary; or 

(4) 6 months after the end of any calendar year in which the 

borrower’s gross income equals or exceeds 4 times the national 

per capita disposable personal income (current dollars) for such 

calendar year, as determined on the basis of the National Income and Product Accounts Tables of the Bureau of Economic 

Analysis of the Department of Commerce, as determined in accordance with regulations prescribed by the Secretary. 

(c) REPAYMENT TO ELIGIBLE LENDERS.—Subject to the regulations 

prescribed by the Secretary by regulation under subsection (a)(6), 

the Secretary shall pay to each eligible lender or holder for each 

payment period the amount of the interest that accrues on a loan 

of a student borrower who is selected under subsection (a). 

(d) APPLICATION FOR REPAYMENT.— 

(1) IN GENERAL.—Each eligible individual desiring loan interest payment under this section shall submit a complete and 

accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 

(2) FAILURE TO COMPLETE SERVICE AGREEMENT.—Such application shall contain an agreement by the individual that, if the 

individual fails to complete the 5 consecutive years of service required by subsection (a)(2)(E), the individual agrees to repay 

the Secretary the amount of any interest paid by the Secretary 

on behalf of the individual. 

(e) TREATMENT OF CONSOLIDATION LOANS.—A consolidation loan 

made under section 428C of this Act, or a Federal Direct Consolidation Loan made under part D of title IV of this Act, may be a qualified loan for the purpose of this section only to the extent that such 

loan amount was used by a borrower who otherwise meets the requirements of this section to repay— 

(1) a loan made under section 428 or 428H of this Act; or 

(2) a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, made under part D of title IV of this 

Act. 

(f) PREVENTION OF DOUBLE BENEFITS.—No borrower may, for the 

same service, receive a benefit under both this section and— 

(1) any loan forgiveness program under title IV of this Act; 

or 

(2) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). 

(g) DEFINITIONS.—As used in this section— 

(1) the term ‘‘high need local educational agency’’ has the 

same meaning given such term in section 200; and 

(2) the term ‘‘mathematics, science, or engineering professional’’ means a person who— 


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537 

(A) holds a baccalaureate, masters, or doctoral degree (or 

a combination thereof) in science, mathematics, or engineering; and 

(B) works in a field the Secretary determines is closely related to that degree, which shall include working as a professor at a two- or four-year institution of higher education. 

SEC. 419C. FOREIGN LANGUAGE PARTNERSHIPS. 

(a) PURPOSE.—The purpose of this section is to increase the number of highly qualified teachers in, and 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) PROGRAM AUTHORIZED.—The Secretary is authorized to award 

grants to institutions of higher education, in partnership with one 

or more local educational agencies, to establish teacher preparation 

programs in critical foreign languages, and activities that will enable successful students to advance from elementary school through 

college to achieve proficiency in those languages. 

(c) APPLICATIONS.— 

(1) APPLICATION REQUIRED.—Any institution of higher education that desires to receive a grant under this section shall 

submit an application to the Secretary at such time, in such 

manner, and containing such information as the Secretary may 

require. 

(2) CONTENTS.—Each Application shall— 

(A) identify each local educational agency partner and 

describe each such partner’s responsibilities (including how 

they will be involved in planning and implementing the 

program, what resources they will provide, and how they 

will ensure continuity of student progress from elementary 

school to the postsecondary level); and 

(B) describe how the applicant will support and continue 

the program after the grant has expired, including how it 

will seek support from other sources, such as State and 

local government, foundations, and the private sector. 

(d) USES OF FUNDS.—Funds awarded under this section shall be 

used to develop and implement programs consistent with the purpose of this section by carrying out one or more of the following activities: 

(1) To recruit highly qualified teachers in critical foreign languages and professional development activities for such teachers 

at the elementary through high school level. 

(2) To provide innovative opportunities for students that will 

allow for critical language learning, such as immersion environments, intensive study opportunities, internships, and distance learning. 

(e) MATCHING REQUIREMENT.—Each grantee under this section 

shall provide, from non-Federal sources, an amount equal to 100 

percent of the amount of the grant (in cash or in kind) to carry out 

the activities supported by the grant. 

(f) EVALUATION.—The Secretary shall evaluate the activities funded under this section and report the results of the evaluation to the 

appropriate Committees of Congress. 


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SEC. 419D. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this subpart 

$50,000,000 for fiscal year 2009 and such sums as may be necessary 

for each of the 4 succeeding fiscal years. 

Subpart 7—Child Care Access Means Parents in 

School 

SEC. 419N. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL. 

(a) * * * 

(b) PROGRAM AUTHORIZED.— 

(1) * * * 

(2) AMOUNT OF GRANTS.— 

(A) * * * 

(B) MINIMUM.—A grant under this section shall be 

awarded in an amount that is not less than ø$10,000¿ 

$30,000. 

* * * * * * * 

(4) ELIGIBLE INSTITUTIONS.—An institution of higher education shall be eligible to receive a grant under this section for 

a fiscal year if the total amount of all Federal Pell Grant funds 

awarded to students enrolled at the institution of higher education for the preceding fiscal year equals or exceeds 

ø$350,000¿ $250,000. 

* * * * * * * 

(7) DEFINITION OF LOW-INCOME STUDENT.—For the purpose of 

this section, the term ‘‘low-income student’’ means a student 

øwho is eligible to receive¿ whose income qualifies for eligibility for a Federal Pell Grant for the fiscal year for which the 

determination is made. 

(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. 

* * * * * * * 

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

be appropriated to carry out this section ø$45,000,000 for fiscal 

year 1999 and such sums as may be necessary for each of the 4 

succeeding fiscal years.¿ such sums as may be necessary for fiscal 

year 2009 and each of the 4 succeeding fiscal years. 

øSubpart 8—Learning Anytime Anywhere 

Partnerships 

øSEC. 420D. FINDINGS. 

øCongress makes the following findings: 

ø(1) The nature of postsecondary education delivery is changing, and new technology and other related innovations can provide promising education opportunities for individuals who are 

currently not being served, particularly for individuals without 

easy access to traditional campus-based postsecondary eduVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00540 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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cation or for whom traditional courses are a poor match with 

education or training needs. 

ø(2) Individuals, including individuals seeking basic or technical skills or their first postsecondary experience, individuals 

with disabilities, dislocated workers, individuals making the 

transition from welfare-to-work, and individuals who are limited by time and place constraints can benefit from nontraditional, noncampus-based postsecondary education opportunities 

and appropriate support services. 

ø(3) The need for high-quality, nontraditional, technologybased education opportunities is great, as is the need for skill 

competency credentials and other measures of educational 

progress and attainment that are valid and widely accepted, 

but neither need is likely to be adequately addressed by the 

uncoordinated efforts of agencies and institutions acting independently and without assistance. 

ø(4) Partnerships, consisting of institutions of higher education, community organizations, or other public or private 

agencies or organizations, can coordinate and combine institutional resources— 

ø(A) to provide the needed variety of education options 

to students; and 

ø(B) to develop new means of ensuring accountability 

and quality for innovative education methods. 

øSEC. 420E. PURPOSE; PROGRAM AUTHORIZED. 

ø(a) PURPOSE.—It is the purpose of this subpart to enhance the 

delivery, quality, and accountability of postsecondary education and 

career-oriented lifelong learning through technology and related innovations. 

ø(b) PROGRAM AUTHORIZED.— 

ø(1) GRANTS.— 

ø(A) IN GENERAL.—The Secretary may, from funds appropriated under section 420J make grants to, or enter 

into contracts or cooperative agreements with, eligible 

partnerships to carry out the authorized activities described in section 420G. 

ø(B) DURATION.—Grants under this subpart shall be 

awarded for periods that do not exceed 5 years. 

ø(2) DEFINITION OF ELIGIBLE PARTNERSHIP.—For purposes of 

this subpart, the term ‘‘eligible partnership’’ means a partnership consisting of 2 or more independent agencies, organizations, or institutions. The agencies, organizations, or institutions may include institutions of higher education, community 

organizations, and other public and private institutions, agencies, and organizations. 

øSEC. 420F. APPLICATION. 

ø(a) REQUIREMENT.—An eligible partnership desiring to receive a 

grant under this subpart shall submit an application to the Secretary, in such form and containing such information, as the Secretary may require. 

ø(b) CONTENTS.—Each application shall include— 

ø(1) the name of each partner and a description of the responsibilities of the partner, including the designation of a 

nonprofit organization as the fiscal agent for the partnership; 


bajohnson on PROD1PC71 with REPORTS
540 

ø(2) a description of the need for the project, including a description of how the project will build on any existing services 

and activities; 

ø(3) a listing of human, financial (other than funds provided 

under this subpart), and other resources that each member of 

the partnership will contribute to the partnership, and a description of the efforts each member of the partnership will 

make in seeking additional resources; and 

ø(4) a description of how the project will operate, including 

how funds awarded under this subpart will be used to meet the 

purpose of this subpart. 

øSEC. 420G. AUTHORIZED ACTIVITIES. 

øFunds awarded to an eligible partnership under this subpart 

shall be used to— 

ø(1) develop and assess model distance learning programs or 

innovative educational software; 

ø(2) develop methodologies for the identification and measurement of skill competencies; 

ø(3) develop and assess innovative student support services; 

or 

ø(4) support other activities that are consistent with the purpose of this subpart. 

øSEC. 420H. MATCHING REQUIREMENT. 

øFederal funds shall provide not more than 50 percent of the cost 

of a project under this subpart. The non-Federal share of project 

costs may be in cash or in kind, fairly evaluated, including services, 

supplies, or equipment. 

øSEC. 420I. PEER REVIEW. 

øThe Secretary shall use a peer review process to review applications under this subpart and to make recommendations for funding 

under this subpart to the Secretary. 

øSEC. 420J. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this subpart $10,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.¿ 

Subpart 9—TEACH Grants 

SEC. 420L. DEFINITIONS. 

For the purposes of this subpart: 

(1) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’ 

means an institution of higher education, as defined in section 

102, that the Secretary determines— 

(A) * * * 

(B) is financially øsound¿ responsible; 

* * * * * * * 

SEC. 420M. PROGRAM ESTABLISHED. 

(a) PROGRAM AUTHORITY.— 

(1) PAYMENTS REQUIRED.—The Secretary shall pay to each eligible institution such sums as may be necessary to pay to each 

teacher candidate who files an application and agreement in 

accordance with section 420N, and who qualifies under paraVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00542 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
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graph (2) of section 420N(a), a TEACH Grant in the amount 

of $4,000 for each øacademic year¿ year during which that 

teacher candidate is in attendance at the institution. 

* * * * * * * 

(c) REDUCTIONS IN AMOUNT.— (1) PART-TIME STUDENTS.—In any case where a teacher candidate attends an eligible institution on less than a full-time 

basis (including a teacher candidate who attends an eligible institution on less than a half-time basis) during any øacademic 

year¿ year, the amount of a grant under this subpart for which 

that teacher candidate is eligible shall be reduced in proportion 

to the degree to which that teacher candidate is not attending 

on a full-time basis, in accordance with a schedule of reductions established by the Secretary for the purposes of this subpart, computed in accordance with this subpart. Such schedule 

of reductions shall be established by regulation and published 

in the Federal Register in accordance with section 482 of this 

Act. 

(2) NO EXCEEDING COST.—The amount of a grant awarded 

under this subpart, in combination with Federal assistance and 

øother student assistance¿ other assistance the student may receive, shall not exceed the cost of attendance (as defined in section 472) at the eligible institution at which that teacher candidate is in attendance. øIf, with respect to any teacher candidate for any academic year, it is determined that the amount 

of a TEACH Grant exceeds the cost of attendance for that year, 

the amount of the TEACH Grant shall be reduced until such 

grant does not exceed the cost of attendance at the eligible institution.¿ 

* * * * * * * 

SEC. 420P. PROGRAM EVALUATION. 

The Secretary shall evaluate the effectiveness of TEACH grants 

with respect to the schools and students served by recipients of such 

grants. Such evaluation shall take into consideration information 

related to— 

(1) the number of TEACH grant recipients; 

(2) the gender, race, ethnicity, and age of such recipients; 

(3) the degrees obtained by such recipients; 

(4) 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; 

(5) the duration of such service, including information related 

to whether recipients serve for more than the 4 years required 

under such section; and 

(6) any other data necessary to conduct such evaluation. 

PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM

* * * * * * * 

SEC. 424. SCOPE AND DURATION OF FEDERAL LOAN INSURANCE PROGRAM. 

(a) LIMITATIONS ON AMOUNTS OF LOANS COVERED BY FEDERAL

INSURANCE.—The total principal amount of new loans made and installments paid pursuant to lines of credit (as defined in section 


bajohnson on PROD1PC71 with REPORTS
542 

435) to students covered by Federal loan insurance under this part 

shall not exceed $2,000,000,000 for the period from July 1, 1976, 

to September 30, 1976, and for each of the succeeding fiscal years 

ending prior to October 1, ø2012¿ 2013. Thereafter, Federal loan 

insurance pursuant to this part may be granted only for loans 

made (or for loan installments paid pursuant to lines of credit) to 

enable students, who have obtained prior loans insured under this 

part, to continue or complete their educational program; but no insurance may be granted for any loan made or installment paid 

after September 30, ø2016¿ 2017. 

* * * * * * * 

SEC. 428. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST 

COSTS. 

(a) FEDERAL INTEREST SUBSIDIES.— 

(1) * * * 

* * * * * * * 

(5) DURATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED

LOANS.—The period referred to in subparagraph (B) of paragraph (1) of this subsection shall begin on the date of enactment of this Act and end at the close of September 30, ø2012¿ 

2013, except that, in the case of a loan made or insured under 

a student loan or loan insurance program to enable a student 

who has obtained a prior loan made or insured under such program to continue his or her education program, such period 

shall end at the close of September 30, ø2016¿ 2017. 

* * * * * * * 

(c) GUARANTY AGREEMENTS FOR REIMBURSING LOSSES.— (1) * * * 

* * * * * * * 

(9) GUARANTY AGENCY RESERVE LEVEL.—(A) * * * 

* * * * * * * 

(K) The Secretary, within 3 months after the end of each fiscal year, shall submit to the øHouse Committee on Education 

and the Workforce and the Senate Committee on Labor and 

Human Resources¿ authorizing committees a report specifying 

the Secretary’s assessment of the fiscal soundness of the guaranty agency system. 

* * * * * * * 

(g) ACTION ON INSURANCE PROGRAM AND GUARANTY AGREEMENTS.—If a nonprofit private institution or organization— 

(1) * * * 

* * * * * * * 

the Secretary shall consider and act upon such application within 

180 days, and shall forthwith notify the øCommittee on Labor and 

Human Resources of the Senate and the Committee on Education 

and the Workforce of the House of Representatives¿ authorizing 

committees of his actions. 

(k) INFORMATION ON DEFAULTS.— 

(1) * * * 

* * * * * * * 


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543 

(4) STUDENT LOAN INFORMATION.— (A) Notwithstanding any other provision of law or regulation, if requested by an institution of higher education or 

a third party servicer (as defined in section 481(c)) working 

on behalf of such institution to prevent student loan defaults for borrowers who currently attend or previously attended such institution, a lender, secondary market, holder, 

or guaranty agency shall provide, free of charge and in a 

timely and effective manner, any student loan information 

pertaining to loans made under this title to such borrowers 

maintained by that entity, provided that the information 

requested is for a borrower who currently attends or previously attended such institution. 

(B) An institution and any third party servicer obtaining 

access to information under subparagraph (A) shall safeguard that information in order to prevent potential abuses 

of that information, including identity theft. 

(C) Any third party servicer that obtains information 

under this paragraph— 

(i) shall only use the information in a manner directly related to the default prevention work the 

servicer is performing on behalf of the institution of 

higher education; 

(ii) shall not sell the information to other entities; 

(iii) shall not share the information with, or transfer 

the information to, entities other than the borrower or 

the institution of higher education referenced in subparagraph (A); and 

(iv) shall be subject to any regulations established by 

the Secretary pursuant to section 432 concerning the 

misuse of such information, including any penalties for 

such misuse. 

* * * * * * * 

(n) BLANKET CERTIFICATE OF LOAN GUARANTY.— 

(1) * * * 

* * * * * * * 

(4) REPORT REQUIRED.—The Secretary shall, at the conclusion of the pilot program under paragraph (3), provide a report 

to the øCommittee on Education and the Workforce of the 

House of Representatives and the Committee on Labor and 

Human Resources of the Senate¿ authorizing committees on 

the impact of the blanket certificates of guaranty on program 

efficiency and integrity. 

* * * * * * * 

SEC. 428A. VOLUNTARY FLEXIBLE AGREEMENTS WITH GUARANTY 

AGENCIES. 

(a) * * * 

* * * * * * * 

(c) PUBLIC NOTICE.— 

(1) * * * 

* * * * * * * 


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544 

(2) AGREEMENT NOTICE.—The Secretary shall notify the 

øChairperson and the Ranking Minority Member of the Committee on Labor and Human Resources of the Senate and the 

Committee on Education and the Workforce of the House of 

Representatives¿ members of the authorizing committees not 

later than 30 days prior to concluding an agreement under this 

section. The notice shall contain— 

(A) * * * 

* * * * * * * 

(3) WAIVER NOTICE.—The Secretary shall notify the øChairperson and the Ranking Minority Member of the Committee on 

Labor and Human Resources of the Senate and the Committee 

on Education and the Workforce of the House of Representatives¿ members of the authorizing committees not later than 30 

days prior to the granting of a waiver pursuant to subsection 

(a)(2) to a guaranty agency that is not a party to a voluntary 

flexible agreement. 

* * * * * * * 

(5) MODIFICATION NOTICE.—The Secretary shall notify the 

øChairperson and the Ranking Minority Members of the Committee on Labor and Human Resources of the Senate and the 

Committee on Education and the Workforce of the House of 

Representatives¿ members of the authorizing committees 30 

days prior to any modifications to an agreement under this section. 

* * * * * * * 

SEC. 428C. FEDERAL CONSOLIDATION LOANS. 

(a) * * * 

(b) CONTENTS OF AGREEMENTS, CERTIFICATES OF INSURANCE, AND

LOAN NOTES.— 

(1) AGREEMENTS WITH LENDERS.—Any lender described in 

subparagraph (A), (B), or (C) of subsection (a)(1) who wishes to 

make consolidation loans under this section shall enter into an 

agreement with the Secretary or a guaranty agency which provides— 

(A) * * * 

* * * * * * * 

(E) that the lender will disclose, in a clear and conspicuous manner, to borrowers who seek to consolidate 

loans made under part E of this title— 

(i) that once the borrower adds a Federal Perkins 

Loan to a Federal Consolidation Loan, the borrower 

will lose all interest-free periods that would have been 

available, such as those when no interest accrues on 

the Federal Perkins Loan while the borrower is enrolled in school at least half-time, during the grace period, and during periods when the borrower’s student 

loan repayments are deferred; 

(ii) that the borrower will no longer be eligible for 

loan cancellation of Federal Perkins Loans under any 

provision of section 465; and 


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545 

(iii) in detail the occupations listed in section 465 for 

which the borrower will lose eligibility for Federal Perkins Loan cancellation; 

ø(E)¿ (F) that the lender shall offer an income-sensitive 

repayment schedule, established by the lender in accordance with the regulations promulgated by the Secretary, to 

the borrower of any consolidation loan made by the lender 

on or after July 1, 1994; and 

ø(F)¿ (G) such other terms and conditions as the Secretary or the guaranty agency may specifically require of 

the lender to carry out this section. 

* * * * * * * 

øSEC. 428K. LOAN FORGIVENESS FOR CHILD CARE PROVIDERS. 

ø(a) PURPOSE.—It is the purpose of this section— 

ø(1) to bring more highly trained individuals into the early 

child care profession; and 

ø(2) to keep more highly trained child care providers in the 

early child care field for longer periods of time. 

ø(b) DEFINITIONS.—In this section: 

ø(1) CHILD CARE FACILITY.—The term ‘‘child care facility’’ 

means a facility, including a home, that— 

ø(A) provides child care services; and 

ø(B) meets applicable State or local government licensing, certification, approval, or registration requirements, if 

any. 

ø(2) CHILD CARE SERVICES.—The term ‘‘child care services’’ 

means activities and services provided for the education and 

care of children from birth through age 5 by an individual who 

has a degree in early childhood education. 

ø(3) DEGREE.—The term ‘‘degree’’ means an associate’s or 

bachelor’s degree awarded by an institution of higher education. 

ø(4) EARLY CHILDHOOD EDUCATION.—The term ‘‘early childhood education’’ means education in the areas of early child 

education, child care, or any other educational area related to 

child care that the Secretary determines appropriate. 

ø(5) INSTITUTION OF HIGHER EDUCATION.—Notwithstanding 

section 102, the term ‘‘institution of higher education’’ has the 

meaning given the term in section 101. 

ø(c) DEMONSTRATION PROGRAM.— 

ø(1) IN GENERAL.—The Secretary may carry out a demonstration program of assuming the obligation to repay, pursuant to subsection (d), a loan made, insured, or guaranteed 

under this part or part D (excluding loans made under sections 

428B and 428C or comparable loans made under part D) for 

any new borrower after the date of enactment of the Higher 

Education Amendments of 1998, who— 

ø(A) completes a degree in early childhood education; 

ø(B) obtains employment in a child care facility; and 

ø(C) has worked full time for the 2 consecutive years 

preceding the year for which the determination is made as 

a child care provider in a low-income community. 

ø(2) LOW-INCOME COMMUNITY.—For the purposes of this subsection, the term ‘‘low-income community’’ means a community 


bajohnson on PROD1PC71 with REPORTS
546 

in which 70 percent of households within the community earn 

less than 85 percent of the State median household income. 

ø(3) AWARD BASIS; PRIORITY.— 

ø(A) AWARD BASIS.—Subject to subparagraph (B), loan 

repayment under this section shall be on a first-come, 

first-served basis and subject to the availability of appropriations. 

ø(B) PRIORITY.—The Secretary shall give priority in providing loan repayment under this section for a fiscal year 

to student borrowers who received loan repayment under 

this section for the preceding fiscal year. 

ø(4) REGULATIONS.—The Secretary is authorized to prescribe 

such regulations as may be necessary to carry out the provisions of this section. 

ø(d) LOAN REPAYMENT.— 

ø(1) IN GENERAL.—The Secretary shall assume the obligation 

to repay— 

ø(A) after the second consecutive year of employment described in subparagraphs (B) and (C) of subsection (c)(1), 

20 percent of the total amount of all loans made after date 

of enactment of the Higher Education Amendments of 

1998, to a student under this part or part D; 

ø(B) after the third consecutive year of such employment, 20 percent of the total amount of all such loans; and 

ø(C) after each of the fourth and fifth consecutive years 

of such employment, 30 percent of the total amount of all 

such loans. 

ø(2) CONSTRUCTION.—Nothing in this section shall be construed to authorize the refunding of any repayment of a loan 

made under this part or part D. 

ø(3) INTEREST.—If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate 

amount of interest on such loan which accrues for such year 

shall be repaid by the Secretary. 

ø(4) SPECIAL RULE.—In the case where a student borrower 

who is not participating in loan repayment pursuant to this 

section returns to an institution of higher education after graduation from an institution of higher education for the purpose 

of obtaining a degree in early childhood education, the Secretary is authorized to assume the obligation to repay the total 

amount of loans made under this part or part D incurred for 

a maximum of two academic years in returning to an institution of higher education for the purpose of obtaining a degree 

in early childhood education. Such loans shall only be repaid 

for borrowers who qualify for loan repayment pursuant to the 

provisions of this section, and shall be repaid in accordance 

with the provisions of paragraph (1). 

ø(5) INELIGIBILITY OF NATIONAL SERVICE AWARD RECIPIENTS.—No student borrower may, for the same volunteer service, receive a benefit under both this section and subtitle D of 

title I of the National and Community Service Act of 1990 (42 

U.S.C. 12601 et seq.). 

ø(e) REPAYMENT TO ELIGIBLE LENDERS.—The Secretary shall pay 

to each eligible lender or holder for each fiscal year an amount 


bajohnson on PROD1PC71 with REPORTS
547 

equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. 

ø(f) APPLICATION FOR REPAYMENT.— 

ø(1) IN GENERAL.—Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, 

and containing such information as the Secretary may require. 

ø(2) CONDITIONS.—An eligible individual may apply for loan 

repayment under this section after completing each year of 

qualifying employment. The borrower shall receive forbearance 

while engaged in qualifying employment unless the borrower is 

in deferment while so engaged. 

ø(g) EVALUATION.— 

ø(1) IN GENERAL.—The Secretary shall conduct, by grant or 

contract, an independent national evaluation of the impact of 

the demonstration program assisted under this section on the 

field of early childhood education. 

ø(2) COMPETITIVE BASIS.—The grant or contract described in 

subsection (b) shall be awarded on a competitive basis. 

ø(3) CONTENTS.—The evaluation described in this subsection 

shall— 

ø(A) determine the number of individuals who were encouraged by the demonstration program assisted under 

this section to pursue early childhood education; 

ø(B) determine the number of individuals who remain 

employed in a child care facility as a result of participation 

in the program; 

ø(C) identify the barriers to the effectiveness of the program; 

ø(D) assess the cost-effectiveness of the program in improving the quality of— 

ø(i) early childhood education; and 

ø(ii) child care services; 

ø(E) identify the reasons why participants in the program have chosen to take part in the program; 

ø(F) identify the number of individuals participating in 

the program who received an associate’s degree and the 

number of such individuals who received a bachelor’s degree; and 

ø(G) identify the number of years each individual participates in the program. 

ø(4) INTERIM AND FINAL EVALUATION REPORTS.—The Secretary shall prepare and submit to the President and the Congress such interim reports regarding the evaluation described 

in this subsection as the Secretary deems appropriate, and 

shall prepare and so submit a final report regarding the evaluation by January 1, 2002. 

ø(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $10,000,000 for fiscal 

year 1999, and such sums as may be necessary for each of the 4 

succeeding fiscal years.¿ 

SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL 

NEED. 

(a) PROGRAM AUTHORIZED.— 


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548 

(1) LOAN FORGIVENESS AUTHORIZED.—The Secretary shall forgive, in accordance with this section, the student loan obligation of a borrower in the amount specified in subsection (c) 

who— 

(A) is employed full-time in an area of national need 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, insured, or guaranteed under this part (other than an excepted PLUS loan (as such term is 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 such an excepted 

PLUS loan). 

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

regulations as may be necessary to carry out the provisions of 

this section. 

(b) AREAS OF NATIONAL NEED.—For purposes of this section, an 

individual shall be treated as employed in an area of national need 

if the individual is employed full-time as any of the following: 

(1) EARLY CHILDHOOD EDUCATORS.—An individual who is 

employed as an early childhood educator in an eligible preschool program or eligible early childhood education program 

in a low-income community, and who is involved directly in the 

care, development, and education of infants, toddlers, or young 

children age 5 and under. 

(2) NURSES.—An individual who is employed— 

(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.—An individual who has 

obtained a baccalaureate or advanced degree in a critical foreign language and is employed— 

(A) in an elementary or secondary school as a teacher of 

a critical foreign language; 

(B) in an agency of the United States Government in a 

position that regularly requires the use of such critical foreign language; or 

(C) in an institution of higher education as a faculty 

member or instructor teaching a critical foreign language. 

(4) LIBRARIANS.—An individual who is employed 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 their total student enrollments composed 

of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; or 

(B) a high-need school. 


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(5) HIGHLY QUALIFIED TEACHERS: SERVING STUDENTS WHO

ARE LIMITED ENGLISH PROFICIENT, LOW-INCOME COMMUNITIES, 

AND UNDERREPRESENTED POPULATIONS.—An individual who— 

(A) is highly qualified as such term is defined in section 

9101 of the Elementary and Secondary Education Act of 

1965; and 

(B)(i) is employed as a teacher educating students who 

are limited English proficient; 

(ii) is employed as a teacher in a high-need school; or 

(iii) is an individual from an underrepresented population in the teaching profession, as determined by the Secretary. 

(6) CHILD WELFARE WORKERS.—An individual who— 

(A) has obtained a degree in social work or a related field 

with a focus on serving children and families; and 

(B) is employed in public or private child welfare services. 

(7) SPEECH-LANGUAGE PATHOLOGISTS.—An individual who is 

a speech-language pathologist, who is employed in an eligible 

preschool program or an elementary or secondary school, and 

who has, at a minimum, a graduate degree in speech-language 

pathology, or communication sciences and disorders. 

(8) NATIONAL SERVICE.—An individual who is engaged as a 

participant in a project under the National and Community 

Service Act of 1990 (as such terms are defined in section 101 

of such Act (42 U.S.C. 12511)). 

(9) SCHOOL COUNSELORS.—An individual who is employed as 

a school counselor (as such term is defined in section 5421(e)(3) 

of Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7245(e)(3))) in a high-need school. 

(10) PUBLIC SECTOR EMPLOYEES.—An individual who is employed in public safety (including as a first responder, firefighter, police officer, or other law enforcement or public safety 

officer), emergency management (including as an emergency 

medical technician), 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 public interest legal services 

(including prosecution or public defense or legal advocacy in 

low-income communities at a nonprofit organization). 

(11) NUTRITION PROFESSIONALS.—An individual who— 

(A) is a licensed, certified, or registered dietician who has 

completed a degree in a relevant field; and 

(B) has obtained employment in 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). 

(12) MEDICAL SPECIALISTS.—An individual who— 

(A) has received his or her degree from an accredited 

medical school (as accredited by the Liaison Committee on 

Medical Education or as defined by this title IV); and 

(B)(i) has been accepted to, or currently participates in, 

a graduate medical education training program or fellowship (or both) to provide health care services (as recognized 


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550 

by the Accreditation Council for Graduate Medical Education); or 

(ii) has been accepted to, or currently participates in, a 

graduate medical education program or fellowship (or both) 

to provide health care services that— 

(I) requires more than 5 years of total graduate medical training; and 

(II) has fewer United States medical school graduate 

applicants than the total number of training and fellowship positions available in the programs specified 

in subclause (I) of this clause. 

(13) MENTAL HEALTH PROFESSIONALS.—Individuals who have 

at least a master’s degree in social work, psychology, or psychiatry and who are providing mental health services to children, 

adolescents, or veterans. 

(c) QUALIFIED LOAN AMOUNT.—At the end of each school, academic, or calendar year of full-time employment on or after the date 

of enactment of the College Opportunity and Affordability Act of 

2007 in an area of national need described in subsection (b), not to 

exceed 5 years, the Secretary shall forgive not more than $2,000 of 

the student loan obligation of a borrower that is outstanding after 

the completion of each such school, academic, or calendar year of 

employment, as appropriate, not to exceed $10,000 in the aggregate 

for any borrower. 

(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. 

(e) CONSTRUCTION.—Nothing in this section shall be construed to 

authorize the refunding of any repayment of a loan. 

(f) SEGAL AMERICORPS EDUCATION AWARD AND NATIONAL SERVICE AWARD RECIPIENTS.—A student borrower who qualifies for the 

maximum education award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.) 

shall receive under this section the amount, if any, by which the 

maximum benefit available under this section exceeds the maximum 

education award available under such subtitle. 

(g) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. 

(h) DEFINITIONS.—In this section: 

(1) EARLY CHILDHOOD EDUCATOR.—The term ‘‘early childhood 

educator’’ means an early childhood educator who works directly with children in an eligible preschool program or eligible 

early childhood education program who has completed a baccalaureate or advanced degree in early childhood development, 

early childhood education, or in a field related to early childhood education. 

(2) ELIGIBLE PRESCHOOL PROGRAM.—The term ‘‘eligible preschool program’’ means a program that provides for the care, 

development, and education of infants, toddlers, or young children age 5 and under, meets any applicable State or local government licensing, certification, approval, and registration requirements, and is operated by— 


bajohnson on PROD1PC71 with REPORTS
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(A) a public or private school that is supported, sponsored, supervised, or administered by a local educational 

agency; 

(B) a Head Start agency serving as a grantee designated 

under the Head Start Act (42 U.S.C. 9831 et seq.); 

(C) a nonprofit or community based organization; or 

(D) a child care program, including a home. 

(3) 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 2 or more unrelated children who are not 

old enough to attend kindergarten; 

(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). 

(4) 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 high-need school. 

(5) 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 section 801 of the Public 

Health Service Act (42 U.S.C. 296)). 

(iv) A nursing degree from a diploma school of nursing (as defined in section 801 of the Public Health 

Service Act (42 U.S.C. 296)). 

(6) SPEECH-LANGUAGE PATHOLOGIST.—The term ‘‘speech-language pathologist’’ means a speech-language pathologist who— 

(A) has received, at a minimum, a graduate degree in 

speech-language pathology or communication sciences and 


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552 

disorders from an institution of higher education accredited 

by an agency or association recognized by the Secretary 

pursuant to section 496(a) of this Act; 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)). 

(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 4 succeeding fiscal years 

to provide loan forgiveness in accordance with this section. 

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 a nonprofit organization 

that provides legal assistance with respect to civil matters 

to low-income individuals without a fee; 

(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.—The term ‘‘student loan’’ means— 

(A) subject to subparagraph (B), a loan made, insured, or 

guaranteed under part B, D, or E of this title; and 

(B) 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. 

(c) PROGRAM AUTHORIZED.—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 or the Secretary in 

the case of a loan under part D or E 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 3 years, unless involuntarily separated from that employment; 

(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily sepaVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00554 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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553 

rates 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 

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 against equity and good conscience or against 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 specify that, notwithstanding subsection (d)(1)(A), the required period of service during which the borrower will remain 

employed as a civil legal assistance attorney may be less than 

3 years. 

(f) AWARD BASIS; PRIORITY.— 


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554 

(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 5 years or less and, for at least 

90 percent of the time in such practice, has served as a civil 

legal assistance attorney; 

(B) received repayment benefits under this section during 

the preceding fiscal year; and 

(C) has completed less than 3 years of the first required 

period of service specified for the borrower in an agreement 

entered into under subsection (d). 

(g) REGULATIONS.—The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. 

(h) 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 4 succeeding fiscal years. 

* * * * * * * 

SEC. 432. LEGAL POWERS AND RESPONSIBILITIES. 

(a) * * * 

(b) FINANCIAL OPERATIONS RESPONSIBILITIES.—The Secretary 

shall, with respect to the financial operations arising by reason of 

this part prepare annually and submit a budget program as provided for wholly owned Government corporations by chapter 91 of 

title 31, United States Code. The transactions of the Secretary, including the settlement of insurance claims and of claims for payments pursuant to section 1078 of this title, and transactions related thereto and vouchers approved by the Secretary in connection 

with such transactions, shall be final and conclusive upon all accounting and other officers of the Government. The Secretary may 

not enter into any settlement of any 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 related to such proposed 

settlement. 

* * * * * * * 

(f) AUDIT OF FINANCIAL TRANSACTIONS.— 

(1) COMPTROLLER GENERAL AND INSPECTOR GENERAL AUTHORITY.—The Comptroller General and the Inspector General of 

the Department of Education shall each have the authority to 

conduct an audit of the financial transactions of— 

(A) * * * 

* * * * * * * 

(C) a representative sample of eligible lenders under this 

part, upon the request of øthe Committee on Education 

and the Workforce of the House of Representatives or the 

Committee on Labor and Human Resources of the Senate¿ 

either of the authorizing committees, with respect to the 


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555 

payment of the special allowance under section 438 in 

order to evaluate the program authorized by this part. 

* * * * * * * 

(n) DEFAULT REDUCTION MANAGEMENT.— (1) * * * 

* * * * * * * 

(3) PLAN FOR USE REQUIRED.—The Secretary shall submit a 

plan, for inclusion in the materials accompanying the President’s budget each fiscal year, detailing the expenditure of 

funds authorized by this section to accomplish the 5 percent reduction in defaults. At the conclusion of the fiscal year, the 

Secretary shall report the Secretary’s findings and activities 

concerning the expenditure of funds and whether the performance measure was met. If the performance measure was not 

met, the Secretary shall report the following: 

(A) * * * 

* * * * * * * 

This report shall be submitted to the Appropriations Committees of the House of Representatives and the Senate and to the 

øCommittee on Education and the Workforce of the House of 

Representatives and the Committee on Labor and Human Resources of the Senate¿ authorizing committees. 

* * * * * * * 

SEC. 433A. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND 

CONSUMER EDUCATION INFORMATION PROGRAMS. 

(a) GUARANTY AGENCY DUTY.—Each guaranty agency, with respect to loans insured by the agency, shall develop specific programs 

designed to prevent delinquencies and avert defaults. 

(b) TRAINING FOR STUDENTS AND FAMILIES.—Each guaranty 

agency, after consulting with institutions of higher education (including institutions of higher education participating in the William 

Ford Direct Loan Program), 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. Such programs and materials shall address budgeting 

and financial management relating to student loans, and shall be 

made available to students and families, in a form and language 

that is understandable, before, during, and after the students’ enrollment. 

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

construed to prohibit a guaranty agency from using existing activities, programs, and materials in meeting the requirements of this 

section. 

* * * * * * * 

SEC. 435. DEFINITIONS FOR STUDENT LOAN INSURANCE PROGRAM. 

As used in this part: 

(a) * * * 

* * * * * * * 

(d) ELIGIBLE LENDER.— 


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556 

(1) IN GENERAL.—Except as provided in paragraphs (2) 

through (6), the term ‘‘eligible lender’’ means— 

(A) a National or State chartered bank, a mutual savings bank, a savings and loan association, a stock savings 

bank, or a credit union which— 

(i) * * * 

(ii) does not have as its primary consumer credit 

function the making or holding of loans made to students under this part unless (I) it is a bank which is 

wholly owned by a State, or a bank which is subject 

to examination and supervision by an agency of the 

United States, makes student loans as a trustee pursuant to an express trust, operated as a lender under 

this part prior to January 1, 1975, and which meets 

the requirements of this provision prior to the enactment of the Higher Education Amendments of 1992, 

(II) it is a single wholly owned subsidiary of a bank 

holding company which does not have as its primary 

consumer credit function the making or holding of 

loans made to students under this øpart, or (III)¿ part, 

(III) it is a bank (as defined in section 3(a)(1) of the 

Federal Deposit Insurance Act (12 U.S.C. 1813(a)(1)) 

that is a wholly owned subsidiary of a nonprofit foundation, the foundation is described in section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt from 

taxation under section 501(1) of such Code, and the 

bank makes loans under this part only to undergraduate students who are age 22 or younger and has 

a portfolio of such loans that is not more than 

$5,000,000, or (IV) it is a National or State chartered 

bank with assets of less than $1,000,000,000; 

* * * * * * * 

(m) COHORT DEFAULT RATE.— 

(1) IN GENERAL.—(A) Except as provided in paragraph (2), 

the term ‘‘cohort default rate’’ means, for any fiscal year in 

which 30 or more current and former students at the institution enter repayment on loans under section 428, 428A, or 

428H, received for attendance at the institution, 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 that institution in that fiscal year who default before 

the øend of the following fiscal year¿ beginning of the third fiscal year following the fiscal year in which the students entered 

repayment. The Secretary shall require that each guaranty 

agency that has insured loans for current or former students 

of the institution afford such institution a reasonable opportunity (as specified by the Secretary) to review and correct errors in the information required to be provided to the Secretary 

by the guaranty agency for the purposes of calculating a cohort 

default rate for such institution, prior to the calculation of such 

rate. 

* * * * * * * 


bajohnson on PROD1PC71 with REPORTS
557 

(C) For any fiscal year in which fewer than 30 of the institution’s current and former students enter repayment, the term 

‘‘cohort default rate’’ means the percentage of such current and 

former students who entered repayment on such loans (or on 

the portion of a loan made under section 428C that is used to 

repay any such loans) in any of the three most recent fiscal 

years, who default before the øend of the fiscal year immediately following the year in which they entered repayment¿ 

beginning of the third fiscal year following the year in which 

they entered repayment. (2) SPECIAL RULES.—(A) * * * 

* * * * * * * 

(C) Any loan which has been rehabilitated before the øend 

of such following fiscal year is not considered as in default for 

the purposes of this subsection¿ beginning of the third fiscal 

year following the year in which the loan entered repayment is 

not considered as in default for purposes of this subsection. The 

Secretary may require guaranty agencies to collect data with 

respect to defaulted loans in a manner that will permit the 

identification of any defaulted loan for which (i) the borrower 

is currently making payments and has made not less than 6 

consecutive on-time payments by the end of such following fiscal year, and (ii) a guaranty agency has renewed the borrower’s title IV eligibility as provided in section 428F(b). 

* * * * * * * 

(4) øCOLLECTION AND REPORTING OF COHORT DEFAULT

RATES.—(A) The Secretary shall collect data from all insurers 

under this part and shall publish not less often than once 

every fiscal year a report showing default data for each category of institution, including (i) 4-year public institutions, (ii) 

4-year private institutions, (iii) 2-year public institutions, (iv) 

2-year private institutions, (v) 4-year proprietary institutions, 

(vi) 2-year proprietary institutions, and (vii) less than 2-year 

proprietary institutions.¿ COLLECTION AND REPORTING OF COHORT DEFAULT RATES AND LIFE OF COHORT DEFAULT RATES.— 

(A) The Secretary shall collect data from all insurers under 

this part and shall publish not less often than once every fiscal 

year a report showing cohort default data and life of cohort default data for each category of institution, including (i) 4-year 

public institutions, (ii) 4-year private nonprofit institutions, (iii) 

2-year public institutions, (iv) 2-year private institutions, (v) 4- 

year proprietary institutions, (vi) 2-year proprietary institutions, 

and (vii) less than 2-year proprietary institutions. For purposes 

of this subparagraph, the life of cohort default rate means, for 

any fiscal year in which 1 or more current and former students 

at an institution enter repayment on loans under section 428, 

428A, or 428H, received for attendance at the institution, 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. 

* * * * * * * 


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558 

SEC. 437. REPAYMENT BY THE SECRETARY OF LOANS OF BANKRUPT, 

DECEASED, OR DISABLED BORROWERS; TREATMENT OF 

BORROWERS ATTENDING SCHOOLS THAT FAIL TO PROVIDE A REFUND, ATTENDING CLOSED SCHOOLS, OR 

FALSELY CERTIFIED AS ELIGIBLE TO BORROW. 

(a) REPAYMENT IN FULL FOR DEATH AND DISABILITY.—If a student borrower who has received a loan described in subparagraph 

(A) or (B) of section 428(a)(1) dies or becomes permanently and totally disabled (as determined in accordance with regulations of the 

Secretary), then the Secretary shall discharge the borrower’s liability on the loan by repaying the amount owed on the loan. A borrower who receives a permanent total disability rating from the Secretary of Veterans Affairs, and who provides documentation of such 

rating 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) DISCHARGE.— (1) IN GENERAL.—If a borrower who received, on or after January 1, 1986, a loan made, insured, or guaranteed under this 

part and the student borrower, or the student on whose behalf 

a parent borrowed, is unable to complete the program in which 

such student is enrolled due to the closure of the institution or 

if such student’s eligibility to borrow under this part was falsely certified by the eligible institution or was falsely certified as 

a result of a crime of identity theft, or if the institution failed 

to make a refund of loan proceeds which the institution owed 

to such student’s lender, then the Secretary shall discharge the 

borrower’s liability on the loan (including interest and collection fees) by repaying the amount owed on the loan and shall 

subsequently pursue any claim available to such borrower 

against the institution and its affiliates and principals or settle 

the loan obligation pursuant to the financial responsibility authority under subpart 3 of part H. In the case of a discharge 

based upon a failure to refund, the amount of the discharge 

shall not exceed that portion of the loan which should have 

been refunded. The Secretary shall report to the øCommittee 

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

the Senate¿ authorizing committees annually as to the dollar 

amount of loan discharges attributable to failures to make refunds. 

* * * * * * * 

SEC. 439. STUDENT LOAN MARKETING ASSOCIATION. 

(a) * * * 

* * * * * * * 

(d) AUTHORITY OF ASSOCIATION.— 

(1) IN GENERAL.—The Association is authorized, subject to 

the provisions of this section— 

(A) * * * 

* * * * * * * 


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559 

(E) to undertake any other activity which the Board of 

Directors of the Association determines to be in furtherance of the programs of insured student loans authorized 

under this part or will otherwise support the credit needs 

of students, except that— 

(i) * * * 

* * * * * * * 

(iii) not later than 30 days prior to the initial implementation of a program undertaken pursuant to this 

subparagraph (E), the Association shall øadvise the 

Chairman and the Ranking Member on the Committee 

on Labor and Human Resources of the Senate and the 

Chairman and the Ranking Member of the Committee 

on Education and Labor of the House of Representatives¿ advise the members of the authorizing committees in writing of its plans to offer such program and 

shall provide information relating to the general terms 

and conditions of such program. 

* * * * * * * 

(r) SAFETY AND SOUNDNESS OF ASSOCIATION.— 

(1) * * * 

* * * * * * * 

(3) MONITORING OF SAFETY AND SOUNDNESS.—The Secretary 

of the Treasury shall conduct such studies as may be necessary 

to monitor the financial safety and soundness of the Association. In the event that the Secretary of the Treasury determines that the financial safety and soundness of the Association is at risk, the Secretary of the Treasury shall øinform the 

Chairman and ranking minority member of the Committee on 

Labor and Human Resources of the Senate, the Chairman and 

ranking minority member of the Committee on Education and 

Labor of the House of Representatives,¿ inform the members of 

the authorizing committees and the Secretary of Education of 

such determination and identify any corrective actions that 

should be taken to ensure the safety and soundness of the Association. 

* * * * * * * 

(5) CAPITAL RESTORATION PLAN.— 

(A) * * * 

(B) DISAPPROVAL.—If the Secretary of the Treasury does 

not approve a capital restoration plan as provided in subparagraph (A), then not later than the earlier of the date 

the Secretary of the Treasury disapproves of such plan by 

written notice to the Association or the expiration of the 

30-day consideration period referred to in subparagraph 

(A) (as such period may have been extended by mutual 

agreement), the Secretary of the Treasury shall submit the 

Association’s capital restoration plan, in the form most recently proposed to the Secretary of the Treasury by the Association, together with a report on the Secretary of the 

Treasury’s reasons for disapproval of such plan and an alternative capital restoration øplan, to the Chairman and 

ranking minority member of the Senate Committee on 


bajohnson on PROD1PC71 with REPORTS
560 

Labor and Human Resources and to the Chairman and 

ranking minority member of the House Committee on Education and Labor¿ plan, to the members of the authorizing 

committees. A copy of such submission simultaneously 

shall be sent to the Association and the Secretary of Education by the Secretary of the Treasury. 

* * * * * * * 

(6) SUBSTANTIAL CAPITAL RATIO REDUCTION.— (A) * * * 

(B) DISAPPROVAL.—If the Secretary of the Treasury disapproves a capital restoration plan or modified plan submitted pursuant to subparagraph (A), then, not later than 

the earlier of the date the Secretary of the Treasury disapproves of such plan or modified plan (by written notice 

to the Association) or the expiration of the 30-day consideration period described in subparagraph (A) (as such period 

may have been extended by mutual agreement), the Secretary of the Treasury shall prepare and submit an alternative capital restoration plan, together with a report on 

his reasons for disapproval of the Association’s plan or 

modified øplan, to the Chairman and ranking minority 

member of the Committee on Labor and Human Resources 

of the Senate and to the Chairman and ranking minority 

member of the Committee on Education and Labor of the 

House of Representatives¿ plan, to the members of the authorizing committees. A copy of such submission simultaneously shall be sent to the Association and the Secretary 

of Education by the Secretary of the Treasury. The Association, within 5 days after receipt from the Secretary of 

the Treasury of such submission, shall submit to the 

øChairmen and ranking minority members of such Committees¿ members of the authorizing committees, and the 

Secretary of the Treasury, a written response to such submission, setting out fully the nature and extent of the Association’s agreement or disagreement with the Secretary 

of the Treasury with respect to the disapproved plan and 

the alternative plan of the Secretary of the Treasury and 

any findings of the Secretary of the Treasury. 

* * * * * * * 

(8) CRITICAL CAPITAL STANDARD.—(A) * * * 

* * * * * * * 

(C) Immediately upon a determination under subparagraph 

(A) or (B) to implement a capital restoration plan, the Secretary of the Treasury shall submit the capital restoration plan 

to be øimplemented to the Chairman and ranking minority 

member of the Committee on Labor and Human Resources of 

the Senate, the Chairman and ranking minority member of the 

Committee on Education and Labor of the House of Representatives, and¿ implemented to the members of the authorizing 

committees, and to the Secretary of Education. 

* * * * * * * 

(10) REVIEW BY SECRETARY OF EDUCATION.—The Secretary of 

Education shall review the Secretary of the Treasury’s submisVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00562 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
561 

sion required pursuant to paragraph (5)(B), (6)(B), or (8) and 

shall submit a report within 30 ødays to the Chairman and 

ranking minority member of the Senate Committee on Labor 

and Human Resources and to the Chairman and ranking minority member of the House Committee on Education and 

Labor¿ days to the members of the authorizing committees— (A) * * * 

* * * * * * * 

(s) CHARTER SUNSET.— 

(1) * * * 

(2) SUNSET PLAN.— 

(A) PLAN SUBMISSION BY THE ASSOCIATION.—Not later 

than July 1, 2007, the Association shall submit to the Secretary of the øTreasury and to the Chairman and Ranking 

Member of the Committee on Labor and Human Resources 

of the Senate and the Chairman and Ranking Member of 

the Committee on Economic and Educational Opportunities of the House of Representatives¿ Treasury and to the 

members of the authorizing committees, a detailed plan for 

the orderly winding up, by July 1, 2013, of business activities conducted pursuant to the charter set forth in this section. Such plan shall— 

(i) * * * 

* * * * * * * 

(B) AMENDMENT OF THE PLAN BY THE ASSOCIATION.—The 

Association shall from time to time amend such plan to reflect changed circumstances, and submit such amendments 

to the Secretary of the øTreasury and to the Chairman 

and Ranking Minority Member of the Committee on Labor 

and Human Resources of the Senate and Chairman and 

Ranking Minority Member of the Committee on Economic 

and Educational Opportunities of the House of Representatives¿ Treasury and to the members of the authorizing 

committees. In no case may any amendment extend the 

date for full implementation of the plan beyond the dissolution date provided in paragraph (3). 

* * * * * * * 

PART C—FEDERAL WORK-STUDY PROGRAMS

SEC. 441. PURPOSE; APPROPRIATIONS AUTHORIZED. 

(a) * * * 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this part, ø$1,000,000,000 for fiscal 

year 1999¿ $1,500,000,000 for fiscal year 2009 and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

(c) COMMUNITY SERVICES.—For purposes of this part, the term 

‘‘community services’’ means services which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, as designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to their needs, including— 


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562 

(1) * * * 

* * * * * * * 

(3) support services to students with disabilities, including 

students with disabilities who are enrolled at the institution; 

øand¿ 

(4) activities in which a student serves as a mentor for such 

purposes as— 

(A) * * * 

* * * * * * * 

(C) counseling, including career counselingø.¿; and 

(5) responding to the needs of the community, which may include activities in preparation for and during emergencies and 

natural disasters. 

SEC. 442. ALLOCATION OF FUNDS. 

(a) * * * 

* * * * * * * 

(c) DETERMINATION OF INSTITUTION’S NEED.—(1) * * * 

* * * * * * * 

(4)(A) * * * 

* * * * * * * 

(D) The allowance for books and supplies described in subparagraph (A)(iii) is equal to ø$450¿ $600. 

* * * * * * * 

SEC. 447. ADDITIONAL FUNDS TO CONDUCT COMMUNITY SERVICE 

WORK-STUDY PROGRAMS. 

øEach institution participating¿ (a) COMMUNITY SERVICE-LEARN- ING.—Each institution participating under this part may use up to 

10 percent of the funds made available under section 489(a) and attributable to the amount of the institution’s expenditures under 

this part to conduct that institution’s program of community service-learning, including— 

(1) * * * 

* * * * * * * 

(b) OFF-CAMPUS COMMUNITY SERVICE.— 

(1) GRANTS AUTHORIZED.—In addition to funds made available under section 443(b)(2)(B), the Secretary is authorized to 

award grants to institutions participating under this part to 

supplement off-campus community service employment. 

(2) USE OF FUNDS.—In any year in which section 443(b)(2)(B) 

applies, an institution shall ensure that funds granted to such 

institution under this subsection are used in accordance with 

such section 443 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 postsecondary students assisting with early childhood education activities and activities in preparation for and during emergencies 

and natural disasters. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection such sums 


bajohnson on PROD1PC71 with REPORTS
563 

as may be necessary for fiscal year 2009 and each of the 4 succeeding fiscal years. 

SEC. 448. WORK COLLEGES. 

(a) PURPOSE.—The purpose of this section is to recognize, encourage, and promote the use of comprehensive øwork-learning¿ worklearning-service programs as a valuable educational approach when 

it is an integral part of the institution’s educational program and 

a part of a financial plan which decreases reliance on grants and 

loans. 

(b) SOURCE AND USE FUNDS.— (1) * * * 

(2) ACTIVITIES AUTHORIZED.—From the sums appropriated 

pursuant to subsection (f), and from the funds available under 

paragraph (1), eligible institutions may, following approval of 

an application under subsection (c) by the Secretary— 

(A) support the educational costs of qualified students 

through self-help payments or credits provided under the 

øwork-learning¿ work-learning-service program of the institution within the limits of part F of this title; 

* * * * * * * 

(C) carry out activities described in section 443 or 446; 

(D) be used for the administration, development and assessment of comprehensive øwork-learning¿ work-learningservice programs, including— 

(i) community-based øwork-learning¿ work-learningservice alternatives that expand opportunities for community service and career-related work; and 

* * * * * * * 

ø(e) DEFINITIONS.—For the purpose of this section— 

ø(1) the term ‘‘work-college’’ means an eligible institution 

that— 

ø(A) has been a public or private nonprofit institution 

with a commitment to community service; 

ø(B) has operated a comprehensive work-learning program for at least 2 years; 

ø(C) requires all resident students who reside on campus 

to participate in a comprehensive work-learning program 

and the provision of services as an integral part of the institution’s educational program and as part of the institution’s educational philosophy; and 

ø(D) provides students participating in the comprehensive work-learning program with the opportunity to contribute to their education and to the welfare of the community as a whole; and 

ø(2) the term ‘‘comprehensive student work-learning program’’ means a student work/service program that is an integral and stated part of the institution’s educational philosophy 

and program; requires participation of all resident students for 

enrollment, participation, and graduation; includes learning 

objectives, evaluation and a record of work performance as part 

of the student’s college record; provides programmatic leadership by college personnel at levels comparable to traditional 

academic programs; recognizes the educational role of worklearning supervisors; and includes consequences for nonVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00565 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
564 

performance or failure in the work-learning program similar to 

the consequences for failure in the regular academic program.¿ 

(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 2 years; 

(C) requires all resident students, including at least onehalf of all students who are enrolled on a full-time basis, 

to participate in a comprehensive work-learning-service program for at least 5 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-learning-service supervisors; and 

(F) includes consequences for nonperformance or failure 

in the work-learning-service program similar to the consequences for failure in the regular academic program. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section ø$5,000,000¿ such sums 

as may be necessary for fiscal year ø1999¿ 2009 and such sums as 

may be necessary for each of the 4 succeeding fiscal years. 

PART D—WILLIAM D. FORD FEDERAL DIRECT 

LOAN PROGRAM 

* * * * * * * 

SEC. 455. TERMS AND CONDITIONS OF LOANS. 

(a) * * * 

(b) INTEREST RATE.— 

(1) * * * 

* * * * * * * 

(8) REPAYMENT INCENTIVES.— 

(A) * * * 


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565 

(B) ACCOUNTABILITY.—Prior to publishing regulations 

proposing repayment incentives, the Secretary shall ensure 

the cost neutrality of such reductions. The Secretary shall 

not prescribe such regulations in final form unless an official report from the Director of the Office of Management 

and Budget to the Secretary and a comparable report from 

the Director of the Congressional Budget Office to the Congress each certify that any such reductions will be completely cost neutral. Such reports shall be transmitted to 

the øCommittee on Labor and Human Resources of the 

Senate and the Committee on Education and the Workforce of the House of Representatives¿ authorizing committees not less than 60 days prior to the publication of regulations proposing such reductions. 

* * * * * * * 

(m) REPAYMENT PLAN FOR PUBLIC SERVICE EMPLOYEES.— (1) * * * 

* * * * * * * 

(3) DEFINITIONS.—In this subsection: 

(A) * * * 

ø(B) PUBLIC SERVICE JOB.—The term ‘‘public service job’’ 

means— 

ø(i) a full-time job in emergency management, government, military service, public safety, law enforcement, public health, public education (including early 

childhood education), social work in a public child or 

family service agency, public interest law services (including prosecution or public defense or legal advocacy 

in low-income communities at a nonprofit organization), public child care, public service for individuals 

with disabilities, public service for the elderly, public 

library sciences, school-based library sciences and 

other school-based 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 

ø(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 areas, 

as determined by the Secretary.¿ 

(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 


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566 

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 school-based 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. 

(n) IDENTITY FRAUD PROTECTION.—The Secretary of Education 

shall take such steps as may be necessary to ensure that monthly 

Direct Loan statements and other publications of the Department of 

Education do not contain more than 4 digits of the Social Security 

number of any individual. 

* * * * * * * 

SEC. 458. FUNDS FOR ADMINISTRATIVE EXPENSES. 

(a) ADMINISTRATIVE EXPENSES.— (1) * * * 

(2) AUTHORIZATION FOR ADMINISTRATIVE COSTS BEGINNING IN

FISCAL YEARS 2007 THROUGH ø2011¿ 2013.—For each of the fiscal 

years 2007 through ø2011¿ 2013, there are authorized to be 

appropriated such sums as may be necessary for administrative costs under this part and part B, including the costs of the 

direct student loan programs under this part. 

(3) CONTINUING MANDATORY FUNDS FOR ACCOUNT MAINTE- NANCE FEES.—For each of the fiscal years 2007 through ø2011¿ 

2013, there shall be available to the Secretary, from funds not 

otherwise appropriated, funds to be obligated for account maintenance fees payable to guaranty agencies under part B and 

calculated in accordance with subsection (b). 

* * * * * * * 

(d) AUDIT OF DIRECT LOAN SERVICING PORTFOLIO AND DIRECT

LOAN SERVICING CONTRACTS.—The Secretary shall have a financial 

and compliance audit of all loans owned by the Department of Education and made under the William D. Ford Federal Direct Loan 

Program and all contracts for the origination, servicing, collection, 

and related activities of such loans, conducted annually by a qualified independent organization from a list of qualified organizations 

promulgated by the Secretary in accordance with standards established by the Comptroller General. The standards shall measure the 

servicer’s compliance with the due diligence standards and shall include a defined statistical sampling technique designed to measure 

the performance rating of the servicer for the purpose of this section. 

The Secretary shall submit the audit to Congress within 60 days of 

its completion and shall at the same time make the results of the 

audit publicly available. 

(e) BUDGET JUSTIFICATION AND QUARTERLY REPORTS.—In addition to the requirements of subsection (c), and as a prerequisite to 

expending funds under this section, the Secretary shall— 


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567 

(1) make publicly available immediately upon providing to 

Congress, its annual budget justification referenced in the last 

sentence of subsection (c), including the detailed descriptions of 

activities and the costs for each such activity; and 

(2) make publicly available within 30 days of the close of 

each calendar quarter, an interim report with at least the same 

level of detail as the annual report referred to above, showing 

the detailed descriptions of activities and the costs for each such 

activity, for the quarter, which shall include— 

(A) amendments to any contracts entered into by the Department for the purposes of servicing, origination, consolidating, or otherwise providing administrative support for 

the Direct Loan program; 

(B) a complete listing of all milestones for upgrades and 

improvements in any of the contracts referenced in section 

458(d)(1) and the progress towards meeting such milestones; 

(C) un-reconciled balances in held loans by year of origination; 

(D) status and number of defaulted loans by length of default in 30-day increments; 

(E) status and number of delinquent loans by length of 

delinquency in 30-day increments; 

(F) information technology purchases made under this 

section; and 

(G) costs and terms of all contracts with external consultants and employees of institutions of higher education. 

(f) NATIONAL DEBT REPORT CARD.—The Secretary shall make an 

annual report to Congress, included with the budget justification for 

the Department, of the aggregate dollar amount of increase in the 

national debt as a result of loans made under part D of this title. 

This reporting shall be made by calculating the net of the total outstanding amount lent by the Department and the United States 

Treasury, less the balance in principal of performing and non-defaulted loans outstanding in the Department’s portfolio. 

* * * * * * * 

PART E—FEDERAL PERKINS LOANS

SEC. 461. APPROPRIATIONS AUTHORIZED. 

(a) * * * 

(b) AUTHORIZATION OF APPROPRIATIONS.—(1) For the purpose of 

enabling the Secretary to make contributions to student loan funds 

established under this part, there are authorized to be appropriated ø$250,000,000 for fiscal year 1999¿ $350,000,000 for fiscal 

year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years. 

(2) In addition to the funds authorized under paragraph (1), 

there are hereby authorized to be appropriated such sums for fiscal 

year ø2003¿ 2014 and each of the 5 succeeding fiscal years as may 

be necessary to enable students who have received loans for academic years ending prior to October 1, ø2003¿ 2014, to continue or 

complete courses of study. 

* * * * * * * 


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568 

SEC. 462. ALLOCATION OF FUNDS. 

(a) * * * 

* * * * * * * 

(c) DETERMINATION OF INSTITUTION’S SELF-HELP NEED.— (1) * * * 

* * * * * * * 

(4)(A) * * * 

* * * * * * * 

(D) The allowance for books and supplies described in subparagraph (A)(iii) is equal to ø$450¿ $600. 

* * * * * * * 

SEC. 463. AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION. 

(a) CONTENTS OF AGREEMENTS.—An agreement with any institution of higher education for the payment of Federal capital contributions under this part shall— 

(1) * * * 

* * * * * * * 

(4) provide that where a note or written agreement evidencing a loan has been in default despite due diligence on the part 

of the institution in attempting collection thereon— 

(A) * * * 

ø(B) if the institution is not one described in subparagraph (A), the Secretary may— 

ø(i) allow such institution to transfer its interest in 

such loan to the Secretary, for collection, and the Secretary may use any collections thereon (less an 

amount not to exceed 30 percent of any such sums collected to cover the Secretary’s collection costs) to make 

allocations to institutions of additional capital contributions in accordance with section 462; or 

ø(ii) allow such institution to refer such note or 

agreement to the Secretary, without recompense, except that 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 no later than 180 days after 

collection by the Secretary and treated as an additional capital contribution;¿ 

(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 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 no later than 180 days after collection by the Secretary and treated as an additional capital 

contribution under section 462; 

* * * * * * * 

(9) include such other reasonable provisions as may be necessary to protect the United States from unreasonable risk of 

loss and as are agreed to by the Secretary and the institution, 

except that nothing in this paragraph shall be construed to perVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00570 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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mit the Secretary to require the assignment of loans to the Secretary other than as is provided for in paragraphs (4) and (5). 

* * * * * * * 

SEC. 464. TERMS OF LOANS. 

(a) TERMS AND CONDITIONS.—(1) * * * 

(2)(A) Except as provided in paragraph (4), the total of loans 

made to a student in any academic year or its equivalent by an institution of higher education from a loan fund established pursuant 

to an agreement under this part shall not exceed— 

(i) ø$4,000¿ $5,500, in the case of a student who has not successfully completed a program of undergraduate education; or 

(ii) ø$6,000¿ $8,000, in the case of a graduate or professional student (as defined in regulations issued by the Secretary). 

(B) Except as provided in paragraph (4), the aggregate unpaid 

principal amount for all loans made to a student by institutions of 

higher education from loan funds established pursuant to agreements under this part may not exceed— 

(i) ø$40,000¿ $60,000, in the case of any graduate or professional student (as defined by regulations issued by the Secretary, and including any loans from such funds made to such 

person before such person became a graduate or professional 

student); 

(ii) ø$20,000¿ $27,500, in the case of a student who has successfully completed 2 years of a program of education leading 

to a bachelor’s degree but who has not completed the work necessary for such a degree (determined under regulations issued 

by the Secretary), and including any loans from such funds 

made to such person before such person became such a student; and 

(iii) ø$8,000¿ $11,000, in the case of any other student. 

* * * * * * * 

(e) FORBEARANCE.—(1) The Secretary shall ensure thatø, upon 

written request,¿, as documented in accordance with paragraph (2), 

an institution of higher education shall grant a borrower forbearance of principal and interest or principal only, renewable at 12- 

month intervals for a period not to exceed 3 years, on such terms 

as are otherwise consistent with the regulations issued by the Secretary and agreed upon in writing by the parties to the loan, if— 

ø(1)¿ (A) the borrower’s debt burden equals or exceeds 20 

percent of such borrower’s gross income; 

ø(2)¿ (B) the institution determines that the borrower should 

qualify for forbearance for other reasons; or 

ø(3)¿ (C) the borrower is eligible for interest payments to be 

made on such loan for service in the Armed Forces under section 2174 of title 10, United States Code, and, pursuant to that 

eligibility, the interest on such loan is being paid under subsection (j), except that the form of a forbearance under this 

paragraph shall be a temporary cessation of all payments on 

the loan other than payments of interest on the loan that are 

made under subsection (j). 

(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 


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570 

(B) recording the terms in the borrower’s file. 

* * * * * * * 

(h) REHABILITATION OF LOANS.— 

(1) REHABILITATION.— 

(A) IN GENERAL.—If the borrower of a loan made under 

this part who has defaulted on the loan makes ø12 

ontime¿ 9 on-time, consecutive, monthly payments of 

amounts owed on the loan, as determined by the institution, or by the Secretary in the case of a loan held by the 

Secretary, the loan shall be considered rehabilitated, and 

the institution that made that loan (or the Secretary, in 

the case of a loan held by the Secretary) shall request that 

any credit bureau organization or credit reporting agency 

to which the default was reported remove the default from 

the borrower’s credit history. 

* * * * * * * 

(j) ARMED FORCES STUDENT LOAN INTEREST PAYMENT PROGRAM.— 

(1) * * * 

(2) FORBEARANCE.—During the period in which the Secretary 

is making payments on a loan under paragraph (1), the institution of higher education shall grant the borrower forbearance 

in accordance with subsectionø(e)(3)¿ (e)(1)(C). 

* * * * * * * 

SEC. 465. CANCELLATION OF LOANS FOR CERTAIN PUBLIC SERVICE. 

(a) CANCELLATION OF PERCENTAGE OF DEBT BASED ON YEARS OF

QUALIFYING SERVICE.—(1) * * * 

(2) Loans shall be canceled under paragraph (1) for service— 

ø(A) as a full-time teacher for service in an academic year in 

a public or other nonprofit private elementary or secondary 

school which is in the school district of a local educational 

agency which is eligible in such year for assistance pursuant 

to title I of the Elementary and Secondary Education Act of 

1965, and which for the purpose of this paragraph and for that 

year has been determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school 

in which the enrollment of children counted under section 

111(c) of the Elementary and Secondary Education Act of 1965 

exceeds 30 percent of the total enrollment of that school;¿ 

(A) as a full-time teacher for service in an academic year in 

a high-need school; 

(B) as a full-time staff member in a preschool program carried on under the øHead Start Act which¿ Head Start Act, or 

in a prekindergarten or child care program that is licensed or 

regulated by the State, that is operated for a period which is 

comparable to a full school year in the locality if the salary of 

such staff member is not more than the salary of a comparable 

employee of the local educational agency; 

* * * * * * * 

(H) as a full-time nurse or medical technician providing 

health care services; øor¿ 


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571 

(I) as a full-time employee of a public or private nonprofit 

child or family service agency who is providing, or supervising 

the provision of, services to high-risk children who are from 

low-income communities and the families of such childrenø.¿; 

(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 title I of the Elementary and Secondary Education Act of 1965; or 

(ii) a public library that serves a geographic area that 

contains 1 or more schools eligible for assistance under title 

I of the Elementary and Secondary Education Act of 1965; 

or 

(M) as a full-time speech language therapist, if the therapist 

has a master’s degree and is working exclusively with schools 

that are eligible for assistance under title I of the Elementary 

and Secondary Education Act of 1965. 

For the purpose of this paragraph, the term ‘‘children with disabilities’’ has the meaning set forth in section 602 of the Individuals 

with Disabilities Education Act. 

(3)(A) The percent of a loan which shall be canceled under paragraph (1) of this subsection is— 

(i) in the case of service described in subparagraph (A), (C), (D), 

(F), (G), (H), øor (I)¿ (I), (J), (K), (L), or (M) of paragraph (2), at 

the rate of 15 percent for the first or second year of such service, 

20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service; 

(ii) in the case of service described in subparagraph (B) of paragraph (2), at the rate of 15 percent for each year of such service; 

or 

ø(iii) in the case of service described in subparagraph (D) of paragraph (2), not to exceed a total of 50 percent of such loan at the 

rate of 121⁄2 percent for each year of qualifying service; or¿ 

ø(iv)¿ (iii) in the case of service described in subparagraph (E) 

of paragraph (2) at the rate of 15 percent for the first or second 

year of such service and 20 percent for the third or fourth year of 

such service. 

* * * * * * * 

PART F—NEED ANALYSIS 

* * * * * * * 

SEC. 472. COST OF ATTENDANCE. 

For the purpose of this title, the term ‘‘cost of attendance’’ 

means— 

(1) * * * 

* * * * * * * 

(3) an allowance (as determined by the institution) for room 

and board costs incurred by the student which— 


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572 

(A) * * * 

(B) for students without dependents residing in institutionally owned or operated housing, shall be a standard allowance determined by the institution based on the 

amount normally assessed most of its residents for room 

and board; øand¿ 

(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 

ø(C)¿ (D) for all other students shall be an allowance 

based on the expenses reasonably incurred by such students for room and board; 

* * * * * * * 

SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS. 

(a) IN GENERAL.—Nothing in this part shall be interpreted as 

limiting the authority of the financial aid administrator, on the 

basis of adequate documentation, to make adjustments on a caseby-case basis to the cost of attendance or the values of the data 

items required to calculate the expected student or parent contribution (or both) to allow for treatment of an individual eligible applicant with special circumstances. However, this authority shall not 

be construed to permit aid administrators to deviate from the contributions expected in the absence of special circumstances. Special 

circumstances may include tuition expenses at an elementary or 

secondary school, ømedical or dental expenses¿ medical, dental, or 

nursing home expenses not covered by insurance, unusually high 

child care costs, recent unemployment of a family member, the 

number of parents enrolled at least half-time in a degree, certificate, or other program leading to a recognized educational credential at an institution with a program participation agreement 

under section 487, or other changes in a family’s income, a family’s 

assets, or a student’s status. Special circumstances shall be conditions that differentiate an individual student from a class of students rather than conditions that exist across a class of students. 

Adequate documentation for such adjustments shall substantiate 

such special circumstances of individual students. In addition, 

nothing in this title shall be interpreted as limiting the authority 

of the student financial aid administrator in such cases 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. No student 

or parent shall be charged a fee for collecting, processing, or delivering such supplementary information. 

* * * * * * * 

SEC. 480. DEFINITIONS. 

As used in this part: 

(a) TOTAL INCOME.—(1) * * * 

* * * * * * * 

(3) Notwithstanding paragraph (1), with respect to dislocated 

workers (as defined in section 101 of the Workforce Investment Act 


bajohnson on PROD1PC71 with REPORTS
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of 1998 (29 U.S.C. 2801)), the term ‘‘total income’’ is equal to estimated adjusted gross income plus estimated untaxed income and 

benefits for the current tax year minus estimated excludable income 

(as defined in subsection (e)) in for the current tax year. 

(b) UNTAXED INCOME AND BENEFITS.—The term ‘‘untaxed income 

and benefits’’ means— 

(1) * * * 

* * * * * * * 

(6) housing, food, and other allowances (excluding rent subsidies for low-income housing) for military, clergy, and others 

(including cash payments and cash value of benefits), except 

that the value of on-base military housing or the value of basic 

allowance for housing determined under section 403(b) of title 

37, United States Code, received by the parents, in the case of 

a dependent student, or the student or student’s spouse, in the 

case of an independent student, shall be excluded; 

* * * * * * * 

(j) OTHER FINANCIAL ASSISTANCE.—(1) * * * 

* * * * * * * 

(4) Notwithstanding paragraph (1), for the first year a student receives veterans’ education benefits under chapter 30 of title 38, 

United States Code, the amount of such veterans’ education benefits 

that is treated as estimated financial assistance not received under 

this title for the purposes of section 471(3) shall be calculated by 

subtracting the amount that the student’s basic pay was reduced 

under section 3011(b) or 3012(c) of such title in order to be eligible 

to receive such benefits from the amount of such veterans’ education 

benefits. 

* * * * * * * 

PART G—General Provisions Relating to Student 

Assistance Programs 

* * * * * * * 

SEC. 482. MASTER CALENDAR. 

(a) SECRETARY REQUIRED TO COMPLY WITH SCHEDULE.—To assure adequate notification and timely delivery of student aid funds 

under this title, the Secretary shall adhere to the following calendar dates in the year preceding the award year: 

(1) Development and distribution of Federal and multiple 

data entry forms— 

(A) * * * 

ø(B) by March 1: proposed modifications and updates 

pursuant to section 478 published in the Federal Register; 

ø(C) by June 1: final modifications and updates pursuant 

to section 478 published in the Federal Register;¿ 

(B) by March 1: proposed modifications, updates, and notices pursuant to sections 478 and 483(a)(6) published in 

the Federal Register; 


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(C) by June 1: final modifications, updates, and notices 

pursuant to sections 478 and 483(a)(6) published in the 

Federal Register; 

* * * * * * * 

(d) NOTICE TO CONGRESS.—The Secretary shall notify the øCommittee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives¿ 

authorizing committees when a deadline included in the calendar 

described in subsection (a) is not met. Nothing in this section shall 

be interpreted to penalize institutions or deny them the specified 

times allotted to enable them to return information to the Secretary based on the failure of the Secretary to adhere to the dates 

specified in this section. 

(e) COMPLIANCE CALENDAR.—Prior to the beginning of each 

award year, the Secretary shall provide to institutions of higher 

education a list of all the reports and disclosures required under 

this Act. The list shall include— 

(1) the date each report or disclosure is required to be completed and to be submitted, made available, or disseminated; 

(2) the required recipients of each report or disclosure; 

(3) any required method for transmittal or dissemination of 

each report or disclosure; 

(4) a description of the content of each report or disclosure 

sufficient to allow the institution to identify the appropriate individuals to be assigned the responsibility for such report or 

disclosure; 

(5) references to the statutory authority, applicable regulations, and current guidance issued by the Secretary regarding 

each report or disclosure; and 

(6) any other information which is pertinent to the content or 

distribution of the report or disclosure. 

SEC. 483. FORMS AND REGULATIONS. 

(a) COMMON FINANCIAL AID FORM DEVELOPMENT AND PROCESSING.— 

ø(1) SINGLE FORM REQUIRED.—The Secretary, in cooperation 

with representatives of agencies and organizations involved in 

student financial assistance, shall produce, distribute, and 

process free of charge a common financial reporting form to be 

used to determine the need and eligibility of a student for financial assistance under parts A through E of this title (other 

than under subpart 4 of part A). The Secretary shall include 

on the form developed under this subsection such data items 

as the Secretary determines are appropriate for inclusion. Such 

items shall be selected in consultation with States to assist in 

the awarding of State financial assistance. In no case shall the 

number of such data items be less than the number included 

on the form on the date of enactment of the Higher Education 

Amendments of 1998. Such form shall satisfy the requirements 

of section 401(d) of this title. 

ø(2) CHARGES TO STUDENTS AND PARENTS FOR USE OF FORM

PROHIBITED.—The common financial reporting form prescribed 

by the Secretary under paragraph (1) shall be produced, distributed, and processed by the Secretary and no parent or student shall be charged a fee for the collection, processing, or deVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00576 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
575 

livery of financial aid through the use of such form. The need 

and eligibility of a student for financial assistance under parts 

A through E of this title (other than under subpart 4 of part 

A) may only be determined by using the form developed by the 

Secretary pursuant to paragraph (1) of this subsection. No student may receive assistance under parts A through E of this 

title (other than under subpart 4 of part A), except by use of 

the form developed by the Secretary pursuant to this section. 

No data collected on a form for which a fee is charged shall be 

used to complete the form prescribed under paragraph (1).¿ 

(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). 

These 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 

Secretary shall work to make the FAFSA consumer-friendly and 

to make questions on the FAFSA easy for students and parents 

to read and understand, and shall ensure that the FAFSA is 

available in formats accessible to individuals with disabilities. 

(2) EARLY ESTIMATES.—The Secretary shall— 

(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 reenter previously submitted information; 

(C) develop a means to inform applicants, in the years 

prior to enrollment, of student aid options for individuals 

in similar financial situations; and 

(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. 

(3) PAPER FORMAT.— 

(A) IN GENERAL.—The Secretary shall produce, distribute, and process common forms in paper format to meet 

the requirements of paragraph (1). The Secretary shall develop a common paper form for applicants who do not meet 

the requirements of subparagraph (B). 

(B) EZ FAFSA.— 

(i) IN GENERAL.—The Secretary shall develop and 

use a simplified paper application form, to be known 

as the EZ FAFSA, to be used for applicants meeting 

the requirements of subsections (b) and (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 


bajohnson on PROD1PC71 with REPORTS
576 

make a determination of whether the applicant meets 

the requirements under subsections (b) and (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 (6), except that the Secretary shall not include a State’s data if that State does not permit its 

applicants to use the EZ FAFSA for State assistance. 

(iv) FREE AVAILABILITY AND PROCESSING.—The provisions of paragraph (7) 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 (9). 

(v) TESTING.—The Secretary shall conduct appropriate field testing on the EZ FAFSA. 

(C) PROMOTING THE USE OF ELECTRONIC FAFSA.— 

(i) IN GENERAL.—The Secretary shall make all efforts 

to encourage all applicants to utilize the electronic 

forms described in paragraph (4). 

(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. The printable electronic file will be made easily accessible and downloadable to students on the 

same website used to provide students with the electronic application forms described in paragraph (4) of 

this subsection. The Secretary shall enable students to 

submit a form created under this subparagraph that 

may be downloaded and printed from an electronic file 

format in order to meet the filing requirements of this 

section and in order to receive aid from programs 

under this title. 

(iii) REPORTING REQUIREMENT.—The Secretary shall 

report annually to Congress on the impact of the digital divide on students completing applications for title 

IV aid described under this paragraph and paragraph 

(4). The Secretary will also report on the steps taken to 

eliminate the digital divide and reduce production of 

the paper form described in subparagraph (A) of this 

paragraph. The Secretary’s report will specifically address the impact of the digital divide on the following 

student populations: independent students, traditionally underrepresented students, and dependent students. 

(4) ELECTRONIC FORMAT.— 

(A) IN GENERAL.—The Secretary shall produce, distribute, and process common forms in electronic format to 

meet the requirements of paragraph (1). The Secretary shall 

develop common electronic forms for applicants who do not 

meet the requirements of subparagraph (C) of this paragraph. 


bajohnson on PROD1PC71 with REPORTS
577 

(B) STATE DATA.—The Secretary shall include on the 

common electronic forms space for information that needs 

to be entered for the applicant to be eligible for State financial assistance, as provided under paragraph (6), except the 

Secretary shall not require applicants to enter data required by any State other than the applicant’s State of residence. 

(C) SIMPLIFIED APPLICATIONS: FAFSA ON THE WEB.— (i) IN GENERAL.—The Secretary shall develop and 

use a simplified electronic application form to be used 

by applicants meeting the requirements under subsections (b) and (c) of section 479. 

(ii) REDUCED DATA REQUIREMENTS.—The simplified 

electronic application 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) STATE DATA.—The Secretary shall include on the 

simplified electronic application forms such data items 

as may be necessary to award State financial assistance, as provided under paragraph (6), except that the 

Secretary shall not require applicants to enter data required by any State other than the applicant’s State of 

residence. 

(iv) AVAILABILITY AND PROCESSING.—The data collected by means of the simplified electronic application 

forms shall be available to institutions of higher education, guaranty agencies, and States in accordance 

with paragraph (9). 

(v) TESTING.—The Secretary shall conduct appropriate field testing on the forms developed under this 

subparagraph. 

(D) 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. 

(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 information, 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 awarded under section 415C, 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 


bajohnson on PROD1PC71 with REPORTS
578 

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 permit an electronic 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) of this 

paragraph. 

(G) PERSONAL IDENTIFICATION NUMBERS AUTHORIZED.— 

The Secretary may assign to applicants personal identification numbers— 

(i) to enable the applicants to use such numbers in 

lieu of a signature for purposes of completing a form 

under this paragraph; 

(ii) to enable the applicants to use such numbers in 

lieu of a signature for purposes of completing forms required by States under section 415C; and 

(iii) for any purpose determined by the Secretary to 

enable the Secretary to carry out this title. 

(H) PERSONAL IDENTIFICATION NUMBER IMPROVEMENT.— 

The Secretary shall implement a real-time data match between the Social Security Administration and the Department to minimize the time required for an applicant to obtain a personal identification number when applying for 

aid under this title through an electronic version of a form 

developed under this paragraph. 

(5) STREAMLINING.— 

(A) STREAMLINED REAPPLICATION PROCESS.— 

(i) IN GENERAL.—The Secretary shall develop streamlined reapplication forms and processes, including both 

paper and electronic reapplication processes, consistent 

with the requirements of this subsection, for an applicant who applies for financial assistance under this 

title in the next succeeding academic year subsequent 

to the year in which such applicant first applied for financial assistance under this title. 

(ii) MECHANISMS FOR REAPPLICATION.—The Secretary shall develop appropriate mechanisms to support reapplication. 

(iii) IDENTIFICATION OF UPDATED DATA.—The Secretary shall determine, in cooperation with States, institutions of higher education, agencies, and organizations involved in student financial assistance, the data 

elements that can be updated from the previous academic year’s application. 

(iv) 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. 

(v) ZERO FAMILY CONTRIBUTION.—Applicants determined to have a zero family contribution pursuant to 

section 479(c) shall not be required to provide any fiVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00580 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
579 

nancial data in a reapplication form, except that which 

is necessary to determine eligibility under such section. 

(B) REDUCTION OF DATA ELEMENTS.— (i) REDUCTION ENCOURAGED.—Of the number of data 

elements on the FAFSA on the date of enactment of the 

College Opportunity and Affordability Act of 2007 (including questions on the FAFSA for the purposes described in paragraph (6)), the Secretary, in cooperation 

with representatives of agencies and organizations involved in student financial assistance, 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. Reductions of data elements under paragraph (3)(B), (4)(C), or (5)(A)(iv) shall 

not be counted towards such reduction unless those 

data elements are reduced for all applicants. 

(ii) REPORT.—The Secretary shall submit a report on 

the process of this reduction to each the authorizing 

committees within 2 years after such date of enactment. 

(6) STATE REQUIREMENTS.— (A) IN GENERAL.—The Secretary shall include on the 

forms developed under this subsection, such State-specific 

nonfinancial data items as the Secretary determines are 

necessary to meet State requirements for need-based State 

aid under section 415C, except as provided in paragraphs 

(3)(B)(iii) and (4)(C)(iii) of this subsection. Such items shall 

be selected in consultation with State agencies that submit 

applications under section 415C in order to assist in the 

awarding of State financial assistance in accordance with 

the terms of this subsection, except as provided in paragraphs (3)(B)(iii) and (4)(C)(iii) of this subsection. The 

number of such data items shall not be less than the number included on the form for the 2008–2009 academic 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 process to determine which forms and nonfinancial data items the States require to award need-based 

State aid and other application requirements that the 

States may impose. 

(C) STATE USE OF SIMPLIFIED FORMS.—The Secretary 

shall encourage States to take such steps as necessary to encourage the use of simplified application forms, including 

those described in paragraphs (3)(B) and (4)(C), to meet the 

requirements under subsection (b) or (c) of section 479. 

(D) FEDERAL REGISTER NOTICE.—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 application forms described in 

paragraphs (3)(B) and (4)(C); and 

(ii) of the State-specific nonfinancial data that the 

State agency requires for delivery of State need-based 

financial aid. 


bajohnson on PROD1PC71 with REPORTS
580 

(E) STATE NOTIFICATION TO THE SECRETARY.— (i) IN GENERAL.—Each State agency that submits an 

application under section 415C shall notify the Secretary— 

(I) whether the State permits an applicant to file 

a form described in paragraph (3)(B) or (4)(A) of 

this subsection for purposes of determining eligibility for State need-based grant aid; and 

(II) the State-specific nonfinancial data that the 

State agency requires for delivery of State needbased financial aid. 

(ii) ACCEPTANCE OF FORMS.—In the event that a 

State does not permit an applicant to file a form described in paragraph (3)(B) or (4)(A) of this subsection 

for purposes of determining eligibility for State needbased grant aid— 

(I) the State shall notify the Secretary if the 

State is not permitted to do so because of either 

State law or because of agency policy; and 

(II) the notification under subclause (I) shall include an estimate of the program cost to permit applicants to complete simplified application forms 

under paragraphs (3)(B) and (4)(A) of this subsection. 

(iii) LACK OF NOTIFICATION BY THE STATE.—If a 

State does not notify the Secretary pursuant to clause 

(i), the Secretary shall— 

(I) permit residents of that State to complete 

simplified application forms under paragraphs 

(3)(B) and (4)(A) of this subsection; and 

(II) not require any resident of that State to complete any nonfinancial data previously required by 

that State under this section. 

(7) CHARGES TO STUDENTS AND PARENTS FOR USE OF FORMS

PROHIBITED.— (A) FEES PROHIBITED.—The FAFSA, in whatever form 

(including the EZ FAFSA, paper, electronic, simplified, or 

reapplication), shall be produced, distributed, and processed by the Secretary and no parent or student shall be 

charged a fee for the collection, processing, or delivery of financial aid through the use of the FAFSA. The need and 

eligibility of a student for financial assistance under parts 

A through E of this title (other than under subpart 4 of 

part A) may only be determined by using the FAFSA developed by the Secretary pursuant to this subsection. No student may receive assistance under parts A through E of this 

title (other than under subpart 4 of part A), except by use 

of the FAFSA developed by the Secretary pursuant to this 

subsection. No data collected on a form for which a fee is 

charged shall be used to complete the FAFSA. 

(B) NOTICE.—Any entity that provides to students and 

parents, or charges students or parents for, any valueadded services with respect to or in connection with the 

FAFSA, such as completion of the FAFSA, submission of 

the FAFSA, or tracking of the FAFSA for a student, shall 


bajohnson on PROD1PC71 with REPORTS
581 

provide to students and parents clear and conspicuous notice that— 

(i) the FAFSA is a free Federal student aid application; 

(ii) the FAFSA can be completed without professional 

assistance; and 

(iii) includes the current Internet address for the 

FAFSA on the Department’s web site. 

(8) APPLICATION PROCESSING CYCLE.—The Secretary shall enable students to submit a form created under this subsection in 

order to meet the filing requirements of this section and in 

order to receive aid from programs under this title and shall 

initiate the processing of applications under this subsection as 

early as practicable prior to October 15 of the year prior to the 

student’s planned year of enrollment. 

ø(3)¿ (9) DISTRIBUTION OF DATA.—Institutions of higher education, guaranty agencies, and States shall receive, without 

charge, the data collected by the Secretary using the form developed pursuant to this section for the purposes of processing 

loan applications and determining need and eligibility for institutional and State financial aid awards. Entities designated by 

institutions of higher education, guaranty agencies, or States 

to receive such data shall be subject to all the requirements of 

this section, unless such requirements are waived by the Secretary. 

ø(4)¿ (10) CONTRACTS FOR COLLECTION AND PROCESSING.— (A) * * * 

* * * * * * * 

ø(5) ELECTRONIC FORMS.—(A) The Secretary, in cooperation 

with representatives of agencies and organizations involved in 

student financial assistance, including private computer software providers, shall develop an electronic version of the form 

described in paragraph (1). As permitted by the Secretary, 

such an electronic version shall not require a signature to be 

collected at the time such version is submitted, if a signature 

is subsequently submitted by the applicant. The Secretary 

shall prescribe such version not later than 120 days after the 

date of enactment of the Higher Education Amendments of 

1998. 

ø(B) Nothing in this section shall be construed to prohibit the use 

of the form developed by the Secretary pursuant to subparagraph 

(A) by an eligible institution, eligible lender, guaranty agency, 

State grant agency, private computer software providers, a consortium thereof, or such other entities as the Secretary may designate. 

ø(C) No fee shall be charged to students in connection with the 

use of the electronic version of the form, or of any other electronic 

forms used in conjunction with such form in applying for Federal 

or State student financial assistance. 

ø(D) The Secretary shall ensure that data collection complies 

with section 552a of title 5, United States Code, and that any entity using the electronic version of the form developed by the Secretary pursuant to subparagraph (A) shall maintain reasonable and 

appropriate administrative, technical, and physical safeguards to 

ensure the integrity and confidentiality of the information, and to 

protect against security threats, or unauthorized uses or discloVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00583 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
582 

sures of the information provided on the electronic version of the 

form. Data collected by such version of the form shall be used only 

for the application, award, and administration of aid awarded 

under this title, State aid, or aid awarded by eligible institutions 

or such entities as the Secretary may designate. No data collected 

by such version of the form shall be used for making final aid 

awards under this title until such data have been processed by the 

Secretary or a contractor or designee of the Secretary.¿ 

ø(6)¿ (11) THIRD PARTY SERVICERS AND PRIVATE SOFTWARE

PROVIDERS.—To the extent practicable and in a timely manner, 

the Secretary shall provide, to private organizations and consortia that develop software used by eligible institutions for the 

administration of funds under this title, all the necessary specifications that the organizations and consortia must meet for 

the software the organizations and consortia develop, produce, 

and distribute (including any diskette, modem, or network 

communications) which are so used. The specifications shall 

contain record layouts for required data. The Secretary shall 

develop in advance of each processing cycle an annual schedule 

for providing such specifications. The Secretary, to the extent 

practicable, shall use means of providing such specifications, 

including conferences and other meetings, outreach, and technical support mechanisms (such as training and printed reference materials). The Secretary shall, from time to time, solicit from such organizations and consortia means of improving 

the support provided by the Secretary. 

ø(7)¿ (12) PARENT’S SOCIAL SECURITY NUMBER AND BIRTH

DATE.—The Secretary is authorized to include on the form developed under this subsection space for the social security 

number and birth date of parents of dependent students seeking financial assistance under this title. 

(13) EARLY APPLICATION AND AWARD DEMONSTRATION PRO- GRAM.— 

(A) PROGRAM REQUIRED.—The Secretary shall, no later 

than two years after the date of the enactment of the College Opportunity and Affordability Act of 2007, implement 

an early application demonstration program enabling dependent students to— 

(i) complete applications under this subsection in 

such students’ junior year of secondary school, or in the 

academic year that is 2 years prior to such students’ 

intended year of enrollment at an institution of higher 

education; 

(ii) receive an estimate of such students’ financial aid 

awards; 

(iii) update, in the year prior to such students’ 

planned year of enrollment, the information contained 

in an application submitted under clause (i), using the 

process described in paragraph (5) to determine such 

students’ final financial aid awards; and 

(iv) receive final financial aid awards based on updated information described in clause (iii). 

(B) PURPOSE AND OBJECTIVES.—The purpose of the demonstration program under this paragraph shall be to measure the benefits, in terms of student aspirations and plans 


bajohnson on PROD1PC71 with REPORTS
583 

to attend college, and the 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 the 

year prior to the year prior to enrollment. Additional objectives associated with implementation of the demonstration 

program are the following: 

(i) Measure the feasibility of enabling dependent students to apply for Federal, State, and institutional financial aid in their junior year of high school, using 

information from the year prior to the year prior to enrollment, by completing any of the application forms 

under this subsection. 

(ii) Identify whether receiving final financial aid 

awards no later than the fall of the senior year 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. 

(iii) 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. 

(iv) Effectively evaluate the benefits and adverse effects of the demonstration program on program costs, 

integrity, distribution, and delivery of aid. 

(C) PARTICIPANTS.—The Secretary shall select States and 

institutions within those States to participate in the demonstration program under this paragraph that are participating in the programs under this title and that are willing 

to make final financial aid awards to students based on 

their application information from the year prior to the 

year prior to enrollment. The Secretary shall also select as 

participants in the demonstration program secondary 

schools and dependent students that are located in the participating States. 

(D) APPLICATION PROCESS.—The Secretary shall insure 

that the following provisions are included in the demonstration program: 

(i) Participating States and institutions shall— 

(I) encourage participating students to apply for 

estimates of financial aid awards as provided 

under this title in such students’ junior year of secondary school, or in the academic year that is 2 

years prior to such students’ intended year of enrollment at an institution of higher education, 

using the most recent information available; and 

(II) make final financial aid awards to participating students based on the updated information 

contained on a form submitted using the process 

described in paragraph (5). 


bajohnson on PROD1PC71 with REPORTS
584 

(ii) Financial aid administrators at participating institutions shall be allowed to use their discretion in 

awarding financial aid to participating students, as 

outlined under section 479A and section 480(d)(7). 

(E) EVALUATION.—The Secretary shall conduct a rigorous 

evaluation of this demonstration program in order to measure its benefits and adverse effects as indicated under subparagraph (A). 

(F) OUTREACH.—The Secretary shall make appropriate 

efforts in order to notify States of the demonstration program under this paragraph. Upon determination of participating States, the Secretary shall continue to make efforts 

to notify institutions and dependent students within participating States of the opportunity to participate in the 

demonstration program and of the participation requirements. 

(G) CONSULTATION.—The Secretary shall consult with the 

Advisory Committee on Student Financial Assistance, established under section 491, on the design and implementation of the demonstration program and on the evaluation 

described in subparagraph (E). 

ø(b) STREAMLINED REAPPLICATION PROCESS.—(1) The Secretary 

shall develop a streamlined reapplication form and process, including electronic reapplication process, consistent with the requirements of subsection (a), for those recipients who apply for financial 

aid funds under this title in the next succeeding academic year 

subsequent to the initial year in which such recipients apply. 

ø(2) The Secretary shall develop appropriate mechanisms to support reapplication. 

ø(3) The Secretary shall determine, in cooperation with States, 

institutions of higher education, agencies and organizations involved in student financial assistance, the data elements that can 

be updated from the previous academic year’s application. 

ø(4) Nothing in this title shall be interpreted as limiting the authority of the Secretary to reduce the number of data elements required of reapplicants. 

ø(5) Individuals determined to have a zero family contribution 

pursuant to section 479 shall not be required to provide any financial data, except that which is necessary to determine eligibility 

under that section.¿ 

ø(c)¿ (b) INFORMATION TO COMMITTEES OF CONGRESS.—Copies of 

all rules, regulations, guidelines, instructions, and application 

forms published or promulgated pursuant to this title shall be provided to the øCommittee on Labor and Human Resources of the 

Senate and the Committee on Education and the Workforce of the 

House of Representatives¿ authorizing committees at least 45 days 

prior to their effective date. 

ø(d)¿ (c) TOLL-FREE INFORMATION.—The Secretary shall contract 

for, or establish, and publicize a toll-free telephone service to provide timely and accurate information to the general public. The information provided shall include specific instructions on completing 

the application form for assistance under this title. Such service 

shall also include a service accessible by telecommunications devices for the deaf (TDD’s) and shall, in addition to the services provided for in the previous sentence, refer such students to the naVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00586 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
585 

tional clearinghouse on postsecondary education that is authorized 

under section 685(d)(2)(C) of the Individuals with Disabilities Education Act. 

ø(e)¿ (d) PREPARER.—Any financial aid application required to be 

made under this title shall include the name, signature, address or 

employer’s address, social security number or employer identification number, and organizational affiliation of the preparer of such 

financial aid application. 

(e) ADDRESSING THE DIGITAL DIVIDE.—The Secretary shall utilize 

savings accrued by moving more applicants to the electronic forms 

described in subsection (a)(4) to improve access to the electronic 

forms described in subsection (a)(4) for applicants meeting the requirements of section 479(b) or (c). 

SEC. 484. STUDENT ELIGIBILITY. 

(a) IN GENERAL.—In order to receive any grant, loan, or work assistance under this title, a student must— 

(1) * * * 

* * * * * * * 

(4) file with the Secretary, as part of the original financial 

aid application process, a certification,, which need not be notarized, but which shall include— 

(A) * * * 

* * * * * * * 

(B) such student’s social security number, except that 

the provisions of this subparagraph shall not apply to a 

student from øthe Republic of the Marshall Islands, the 

Federated States of Micronesia, or¿ the Republic of Palau; 

(5) be a citizen or national of the United States, a permanent 

resident of the United States, able to provide evidence from the 

Immigration and Naturalization Service that he or she is in 

the United States for other than a temporary purpose with the 

intention of becoming a citizen or permanent resident, øa citizen of any one of the Freely Associated States¿ or, to the extent described in subsection (j), a citizen of the Republic of 

Palau; and 

* * * * * * * 

ø(j) ASSISTANCE UNDER SUBPARTS 1 AND 3 OF PART A, AND PART

C.—Notwithstanding any other provision of law, a student shall be 

eligible until September 30, 2004, for assistance under subparts 1 

and 3 of part A, and part C, if the student is otherwise qualified 

and— 

ø(1) is a citizen of any one of the Freely Associated States 

and attends an institution of higher education in a State or a 

public or nonprofit private institution of higher education in 

the Freely Associated States; or 

ø(2) meets the requirements of subsection (a)(5) and attends 

a public or nonprofit private institution of higher education in 

any one of the Freely Associated States.¿ 

(j) ASSISTANCE UNDER SUBPART 1 OF PART A FOR STUDENTS

FROM PALAU.—Notwithstanding any other provision of law, a student shall be eligible until September 30, 2009, for assistance under 

subpart 1 of part A if the student is otherwise qualified and— 


bajohnson on PROD1PC71 with REPORTS
586 

(1) is a citizen of the Republic of Palau and attends an institution of higher education in a State or a public or nonprofit 

private institution of higher education in the Freely Associated 

States; or 

(2) meets the requirements of subsection (a)(5) and attends a 

public or nonprofit private institution of higher education in 

any one of the Freely Associated States. 

* * * * * * * 

ø(l) COURSES OFFERED THROUGH TELECOMMUNICATIONS.— ø(1) RELATION TO CORRESPONDENCE COURSES.— ø(A) IN GENERAL.—A student enrolled in a course of instruction at an institution of higher education that is offered in whole or in part through telecommunications and 

leads to a recognized certificate, or a recognized associate, 

baccalaureate, or graduate degree, conferred by such institution, shall not be considered to be enrolled in correspondence courses. 

ø(B) EXCEPTION.—Subparagraph (A) shall not apply to 

an institution or school described in section 3(3)(C) of the 

Carl D. Perkins Vocational and Technical Education Act of 

1998 . 

ø(2) RESTRICTION OR REDUCTIONS OF FINANCIAL AID.—A student’s eligibility to receive grants, loans, or work assistance 

under this title shall be reduced if a financial aid officer determines under the discretionary authority provided in section 

479A that telecommunications instruction results in a substantially reduced cost of attendance to such student. 

ø(3) SPECIAL RULE.—For award years prior to the date of enactment of this subsection, the Secretary shall not take any 

compliance, disallowance, penalty, or other action against a 

student or an eligible institution when such action arises out 

of such institution’s prior award of student assistance under 

this title if the institution demonstrates to the satisfaction of 

the Secretary that its course of instruction would have been in 

conformance with the requirements of this subsection. 

ø(4) DEFINITION.—For the purposes of this subsection, the 

term ‘‘telecommunications’’ means the use of television, audio, 

or computer transmission, including open broadcast, closed circuit, cable, microwave, or satellite, audio conferencing, computer conferencing, or video cassettes or discs, except that such 

term does not include a course that is delivered using video 

cassette or disc recordings at such institution and that is not 

delivered in person to other students of that institution.¿ 

(l) COURSES OFFERED THROUGH DISTANCE EDUCATION.— (1) RELATION TO CORRESPONDENCE COURSES.— (A) IN GENERAL.—A student enrolled in a course of instruction at an institution of higher education that is offered principally through distance education and leads to a 

recognized certificate, or associate, baccalaureate, or graduate degree, conferred by such institution, shall not be considered to be enrolled in correspondence courses. 

(B) EXCEPTION.—An institution of higher education referred to in subparagraph (A) shall not include an institution or school described in section 3(3)(C) of the Carl D. 

Perkins Career and Technical Education Act of 2006. 


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587 

(2) RESTRICTION OR REDUCTIONS OF FINANCIAL AID.—A student’s eligibility to receive grants, loans, or work assistance 

under this title shall be reduced if a financial aid officer determines under the discretionary authority provided in section 

479A that distance education results in a substantially reduced 

cost of attendance to such student. 

(3) SPECIAL RULE.—For award years prior to July 1, 2008, 

the Secretary shall not take any compliance, disallowance, penalty, or other action against a student or an eligible institution 

when such action arises out of such institution’s prior award of 

student assistance under this title if the institution demonstrates to the satisfaction of the Secretary that its course of 

instruction would have been in conformance with the requirements of this subsection. 

* * * * * * * 

(r) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES.— (1) * * * 

(2) REHABILITATION.—A student whose eligibility has been 

suspended under paragraph (1) may resume eligibility before 

the end of the ineligibility period determined under such paragraph if— 

(A) the student satisfactorily completes a drug rehabilitation program that— 

(i) * * * 

(ii) includes two unannounced drug tests; øor¿ 

(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 

ø(B)¿ (C) the conviction is reversed, set aside, or otherwise rendered nugatory. 

(s) STUDENTS WITH INTELLECTUAL DISABILITIES.— (1) IN GENERAL.—Notwithstanding subsections (a), (c), and 

(d), in order to receive any grant or work assistance under section 401 and subpart 3 of part A and part C of this title, a student with an intellectual disability shall— 

(A) be an individual with an intellectual disability whose 

mental retardation or other significant cognitive impairment substantially impacts the individual’s intellectual and 

cognitive functioning; 

(B)(i) be a student eligible for assistance under the Individuals with Disabilities Education Act who has completed 

secondary school; or 

(ii) be an individual who was, but is no longer, eligible for 

assistance under the Individuals with Disabilities Education 

Act because the individual has exceeded the maximum age for 

which the State provides a free appropriate public education; 

(C) be enrolled or accepted for enrollment in a comprehensive transition and postsecondary education program 

that— 

(i) is designed to support students with an intellectual disability who are seeking to continue academic, 

vocational, and independent living instruction at the 

institution in order to prepare for gainful employment 

and independent living; 


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588 

(ii) includes an advising and curriculum structure; 

and 

(iii) requires students to participate on at least a 

half-time basis, as determined by the institution, including— 

(I) regular enrollment in courses offered by the 

institution; 

(II) auditing or participating in courses offered 

by the institution for which the student does not 

receive regular academic credit; 

(III) enrollment in noncredit, nondegree courses; 

(IV) participation in internships; or 

(V) a combination of 2 or more of the activities 

described in clauses (i) through (iv); 

(D) be maintaining satisfactory progress in the program 

as determined by the institution, in accordance with standards established by the institution; and 

(E) meet the requirements of paragraphs (3), (4), (5), and 

(6) of subsection (a). 

(2) REGULATIONS.—Notwithstanding rules applicable to grant 

or work assistance awards made under section 401 of part A, 

subpart 3 of part A, and part C of this title, 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. 

(t) DATA ANALYSIS ON ACCESS TO FEDERAL STUDENT AID FOR

CERTAIN POPULATIONS.— 

(1) DEVELOPMENT OF THE SYSTEM.—Within one year of enactment of the College Opportunity and Affordability Act of 2007, 

the Secretary shall, in consultation with the Central Processing 

System, 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. 

(2) RESULTS FROM ANALYSIS.—The results from the analysis 

of such information shall be made available on a continuous 

basis via the Department of Education website and the Digest 

of Education and 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 of the Congress, in each 

fiscal year, a report describing the results obtained by the establishment and operation of the data system authorized by this 

subsection. 

SEC. 484A. STATUTE OF LIMITATIONS, AND STATE COURT JUDGMENTS. 

(a) * * * 

(b) ASSESSMENT OF COSTS AND OTHER CHARGES.—Notwithstanding any provision of State law to the contrary— 


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589 

(1) a borrower who has defaulted on a loan made under this 

title shall be required to pay, in addition to other charges specified in this title, reasonable collection costs; øand¿ 

(2) in collecting any obligation arising from a loan made 

under part B of this title, a guaranty agency or the Secretary 

shall not be subject to a defense raised by any borrower based 

on a claim of infancyø.¿; and 

(3) in collecting any obligation arising from a loan made 

under part E of this title, an institution of higher education 

that has an agreement with the Secretary pursuant to section 

463(a) shall not be subject to a defense raised by any borrower 

based on a claim of infancy. 

* * * * * * * 

SEC. 484B. INSTITUTIONAL REFUNDS. 

(a) RETURN OF TITLE IV FUNDS.— 

(1) * * * 

(2) LEAVE OF ABSENCE.— 

(A) * * * 

* * * * * * * 

(C) READMISSION REQUIREMENTS FOR

SERVICEMEMBERS.—Any institution of higher education 

that requires any student— 

(i) who is a member of the Armed Forces of the 

United States, or a member of such Armed Forces in 

a retired status, including members of the National 

Guard or other reserve component, 

(ii) who is on active duty, or is called or ordered to 

active duty (as defined in section 481(d)), and 

(iii) whose attendance at such institution is interrupted by such active duty, 

to apply for readmission to such institution of higher education after the conclusion of such active duty shall submit 

to the Secretary a statement justifying such requirement. 

* * * * * * * 

SEC. 485. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION 

FOR STUDENTS. 

(a) INFORMATION DISSEMINATION ACTIVITIES.—(1) Each eligible 

institution participating in any program under this title shall carry 

out information dissemination activities for prospective and enrolled students (including those attending or planning to attend 

less than full time) regarding the institution and all financial assistance under this title. The information required by this section 

shall be produced and be made readily available upon request, 

through appropriate publications, mailings, and electronic media, 

to an enrolled student and to any prospective student. Each eligible 

institution shall, on an annual basis, provide to all enrolled students a list of the information that is required to be provided by 

institutions to students by this section and section 444 of the General Education Provisions Act (also referred to as the Family Educational Rights and Privacy Act of 1974), together with a statement 

of the procedures required to obtain such information. The information required by this section shall accurately describe— 


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590 

(A) * * * 

* * * * * * * 

(N) that enrollment in a program of study abroad approved 

for credit by the home institution may be considered enrollment in the home institution for purposes of applying for Federal student financial assistance; øand¿ 

(O) the campus crime report prepared by the institution pursuant to subsection (f ), including all required reporting 

categoriesø.¿; and 

(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; 

(iii) a description of the institution’s policies with respect 

to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in 

unauthorized distribution of copyrighted materials using 

the institution’s information technology system; and 

(iv) a description of actions that the institution takes to 

prevent and detect unauthorized distribution of copyrighted 

material on the institution’s information technology system. 

* * * * * * * 

(f) DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME

STATISTICS.—(1) Each eligible institution participating in any program under this title, other than a foreign institution of higher education, shall on August 1, 1991, begin to collect the following information with respect to campus crime statistics and campus security policies of that institution, and beginning September 1, 1992, 

and each year thereafter, prepare, publish, and distribute, through 

appropriate publications or mailings, to all current students and 

employees, and to any applicant for enrollment or employment 

upon request, an annual security report containing at least the following information with respect to the campus security policies and 

campus crime statistics of that institution: 

(A) * * * 

* * * * * * * 

(F) Statistics concerning the occurrence on campus, in or on 

noncampus buildings or property, and on public property during the most recent calendar year, and during the 2 preceding 

calendar years for which data are available— 

ø(i) of the following criminal offenses reported to campus 

security authorities or local police agencies: 

ø(I) murder; 

ø(II) sex offenses, forcible or nonforcible; 

ø(III) robbery; 

ø(IV) aggravated assault; 

ø(V) burglary; 

ø(VI) motor vehicle theft; 

ø(VII) manslaughter; 


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ø(VIII) arson; and 

ø(IX) arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and¿ 

(i) of the following criminal offenses reported to campus 

security authorities or local police agencies: 

(I) murder; 

(II) sex offenses, forcible or nonforcible; 

(III) robbery; 

(IV) aggravated assault; 

(V) intimidation; 

(VI) burglary; 

(VII) larceny-theft; 

(VIII) motor vehicle theft; 

(IX) destruction, damage, or vandalism of property; 

(X) simple assault; 

(XI) manslaughter; 

(XII) arson; and 

(XIII) arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and 

(ii) øof the crimes described in subclauses (I) through 

(VIII)¿ for degree-granting institutions only, of the crimes 

described in subclauses (I) through (XII) of clause (i), and 

other crimes involving bodily injury to any person in which 

the victim is intentionally selected because of the actual or 

perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim that are reported to campus security authorities or local police agencies, which 

data shall be collected and reported according to category 

of prejudice. 

* * * * * * * 

(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 shall include procedures— 

(i) to notify the campus community in not more than 30 

minutes in the event of a significant emergency or dangerous situation, involving an immediate threat to the 

health or safety of students or staff, occurring on the campus, in or on noncampus buildings or property, and on 

public property; 

(ii) to publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach 

students and staff; and 

(iii) to test emergency response and evacuation procedures 

on an annual basis. 

* * * * * * * 

(5) On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the 

statistics required to be made available under paragraph (1)(F). 

The Secretary shall— 

(A) review such statistics and report to the øCommittee on 

Education and the Workforce of the House of Representatives 


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592 

and the Committee on Labor and Human Resources of the Senate¿ authorizing committees on campus crime statistics by September 1, 2000; 

* * * * * * * 

(15) COMPLIANCE REPORT.—The Secretary shall annually report to 

the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date 

report on the Secretary’s monitoring of such compliance. 

(16) BEST PRACTICES.—The Secretary may seek the advice and 

counsel of the Attorney General concerning the development, and 

dissemination to institutions of higher education, of best practices 

information about campus safety and emergencies. 

(17) RETALIATION PROHIBITED.—No participating institution or officer, employee, or agent of the institution shall intimidate, threaten, 

coerce, or otherwise discriminate against any individual for the purpose of interfering with the implementation of any provision of this 

subsection, or any rights or privileges accorded under this subsection, or because the individual has complained, testified, assisted, or otherwise participated in any aspect of an investigation, 

proceeding, or hearing. 

ø(15)¿ (18) This subsection may be cited as the ‘‘Jeanne Clery 

Disclosure of Campus Security Policy and Campus Crime Statistics 

Act’’. 

(g) DATA REQUIRED.— 

(1) * * * 

* * * * * * * 

(4) SUBMISSION; REPORT; INFORMATION AVAILABILITY.— 

(A) * * * 

(B) The Secretary shall prepare a report regarding the information received under subparagraph (A) and submit such report to the øCommittee on Education and the Workforce of the 

House of Representatives and the Committee on Labor and 

Human Resources of the Senate¿ authorizing committees by 

April 1, 2000. The report shall— 

(i) * * * 

* * * * * * * 

(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 


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593 

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 RE- QUIRED.—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 

evacuation, and policies regarding fire safety education and 

training programs provided to students, faculty, and staff; 

and 

(E) plans for future improvements in fire safety, if determined necessary by such institution. 

(2) REPORT TO THE SECRETARY.—Each eligible institution 

participating in any program under this title shall, on an annual basis submit to the Secretary a copy of the statistics required to be made available under subparagraph (A). 

(3) CURRENT INFORMATION TO CAMPUS COMMUNITY.—Each 

institution participating in any program under this title shall— 

(A) make, keep, and maintain a log, recording all fires in 

on-campus student housing facilities, including the nature, 

date, time, and general location of each fire; and 

(B) make annual reports to the campus community on 

such fires. 

(4) RESPONSIBILITIES OF THE SECRETARY.—The Secretary 

shall— 

(A) make such statistics submitted to the Secretary available to the public; and 

(B) in coordination with nationally recognized fire organizations and representatives of institutions of higher eduVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00595 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

bajohnson on PROD1PC71 with REPORTS
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cation, representatives of associations of institutions of 

higher education, and other organizations that represent 

and house a significant number of students— 

(i) identify exemplary fire safety policies, procedures, 

programs, and practices; 

(ii) disseminate information to the Administrator of 

the United States Fire Administration; 

(iii) make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in the reduction of fires; 

and 

(iv) develop a protocol for institutions to review the 

status of their fire safety systems. 

(5) RULES OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to— 

(A) authorize the Secretary to require particular policies, 

procedures, programs, or practices by institutions of higher 

education with respect to fire safety, other than with respect 

to the collection, reporting, and dissemination of information required by this subsection; 

(B) affect the Family Educational Rights and Privacy Act 

of 1974 or the regulations issued under section 264 of the 

Health Insurance Portability and Accountability Act of 

1996 (42 U.S.C. 1320d–2 note); 

(C) create a cause of action against any institution of 

higher education or any employee of such an institution for 

any civil liability; 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. 

(8) RETALIATION PROHIBITED.—No participating institution or 

officer, employee, or agent of the institution shall intimidate, 

threaten, coerce, or otherwise discriminate against any individual for the purpose of interfering with the implementation of 

any provision of this subsection, or any rights or privileges accorded under this subsection, or because the individual has 

complained, testified, assisted, or otherwise participated in any 

aspect of an investigation, proceeding, or hearing. 

(j) MISSING PERSON PROCEDURES.— 

(1) FORM AND PROTOCOLS.—Each institution of higher education participating in any program under this title shall— 

(A) include on its form for registration or enrollment of 

students an item in which the student can elect to identify 

an individual to be notified and police to be notified by the 

university within 24 hours of when a student is reported 

missing to the university, and 

(B) establish protocols for missing students that— 


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595 

(i) require any missing person report relating to any 

student be referred to the institution’s police or campus 

security department; and 

(ii) if, on investigation of the report, such department 

determines that the missing person has been missing 

for more than 24 hours, require— 

(I) such department to refer to the item on the 

registration document required under subparagraph (A) and contact the individual named by the 

student in such item; and 

(II) if the student is under 18 years of age, the 

institution of higher education to automatically 

contact the parents of such student. 

(2) WAIVER.—The item required by paragraph (1)(A) shall explicitly and prominently state that by identifying an individual 

to contact in the case of disappearance, the student waives any 

right to sue based on Federal or State privacy law in the event 

that a missing persons notification is made to the individual 

named by such student in such item. 

(3) ADDITIONAL REMEDIES PERMITTED.—Nothing in this subsection shall be construed to prevent or discourage an institution of higher education from taking additional measures with 

respect to missing students beyond those required by this subsection. 

(k) NOTICE TO STUDENTS CONCERNING PENALTIES FOR DRUG VIO- LATIONS.—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). 

* * * * * * * 

SEC. 486. DISTANCE EDUCATION DEMONSTRATION PROGRAMS. 

(a) * * * 

* * * * * * * 

(e) NOTIFICATION.—The Secretary shall make available to the 

public and to the øCommittee on Labor and Human Resources of 

the Senate and the Committee on Education and the Workforce of 

the House of Representatives¿ authorizing committees a list of institutions, systems or consortia selected to participate in the demonstration program authorized by this section. Such notice shall include a listing of the specific statutory and regulatory requirements 

being waived for each institution, system or consortium and a description of the distance education courses to be offered. 

(f) EVALUATIONS AND REPORTS.— 

(1) * * * 

* * * * * * * 

(3) REPORTS.— (A) IN GENERAL.—Within 18 months of the initiation of 

the demonstration program, the Secretary shall report to 

the øCommittee on Labor and Human Resources of the 

Senate and the Committee on Education and the Workforce of the House of Representatives¿ authorizing committees with respect to— 


bajohnson on PROD1PC71 with REPORTS
596 

(i) * * * 

* * * * * * * 

(B) ADDITIONAL REPORTS.—The Secretary shall provide 

additional reports to the øCommittee on Labor and Human 

Resources of the Senate and the Committee on Education 

and the Workforce of the House of Representatives¿ authorizing committees on an annual basis regarding— 

(i) * * * 

* * * * * * * 

SEC. 486A. ARTICULATION AGREEMENTS. 

(a) PROGRAM TO ENCOURAGE ARTICULATION AGREEMENTS.— (1) PROGRAM REQUIREMENTS.—The Secretary shall carry out 

a program for States, in cooperation with public institutions of 

higher education, to develop, enhance, and implement comprehensive articulation agreements 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 institutions, 

and on the application materials of 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) developing or expanding articulation agreements that 

include both public and private institutions of higher education; and 

(D) other strategies identified by the Secretary. 

(2) TECHNICAL ASSISTANCE PROVIDED.—The Secretary shall 

provide technical assistance to States and 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 limit the academic freedom or choices of 

institutions of higher education. 

(b) STUDY REQUIRED.—The Secretary shall conduct a study to review the articulation agreements at State-based college and university systems, including junior or community colleges, as well as 

those at other institutions of higher education, including private 

non-profit and for-profit institutions. 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 the 

programs offered; 

(B) the cost-savings to the participating institutions and 

to the students; 

(C) what strategies are being employed, including common course numbering and general education core curriculum; 

(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 deVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00598 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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scription 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. 

(c) REPORT.—The Secretary shall submit to the authorizing committees an interim report on the study required by this section not 

later than 2 years after the date of enactment of the College Opportunity and Affordability Act of 2007 and a final report on such 

study not later than January 1, 2013. 

(d) DEFINITION.—In 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. 

SEC. 487. PROGRAM PARTICIPATION AGREEMENTS. 

(a) REQUIRED FOR PROGRAMS OF ASSISTANCE; CONTENTS.—In 

order to be an eligible institution for the purposes of any program 

authorized under this title, an institution must be an institution of 

higher education or an eligible institution (as that term is defined 

for the purpose of that program) and shall, except with respect to 

a program under subpart 4 of part A, enter into a program participation agreement with the Secretary. The agreement shall condition the initial and continuing eligibility of an institution to participate in a program upon compliance with the following requirements: 

(1) * * * 

* * * * * * * 

(23)(A) * * * 

* * * * * * * 

(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, provided such information is in an electronic message devoted exclusively to voter registration. 

(24)(A) A covered institution that has entered into a preferred 

lender arrangement will compile, maintain, and make available 

for students attending the institution (or the parents of such 

students) a list, in print or any other medium, of the specific 

lenders for educational loans that the institution recommends, 

promotes, or endorses in accordance with such preferred lender 

arrangement. In compiling, maintaining, and making available 

such list, the institution will— 

(i) clearly and fully disclose on such list— 

(I) no less than the information required to be disclosed in the model disclosure form, or updated model 

disclosure form, required under section 153; 

(II) why the institution has entered into a preferred 

lender arrangement with each listed lender, particularly with respect to terms and conditions favorable to 

the borrower; and 


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(III) that the students attending the institution (or 

the parents of such students) do not have to borrow 

from a listed lender; 

(ii) ensure, through the use of the list provided by the 

Secretary under subparagraph (B), that— 

(I) there are not less than 3 lenders of loans made 

under part B that are not affiliates of each other included on such list and, if the institution recommends, 

promotes, or endorses private educational loans, there 

are not less than 2 lenders of private educational loans 

that are not affiliates of each other included on such 

list; 

(II) the list under this subparagraph— 

(aa) specifically indicates, for each listed lender, 

whether the lender is or is not an affiliate of each 

other lender on the list; and 

(bb) if a lender is an affiliate of another lender 

on the list, describes the details of such affiliation; 

(iii) 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 benefits provided to borrowers, including— 

(I) highly competitive interest rates, terms, or conditions of Federal and private educational loans; 

(II) high-quality servicing for such loans; or 

(III) additional benefits beyond the standard terms 

and conditions for such loans; 

(iv) exercise a duty of care and a duty of loyalty to compile the list under this subparagraph without prejudice and 

for the sole benefit of the students attending the institution 

(or the parents of such students); 

(v) not deny or otherwise impede the borrower’s choice of 

a lender or cause unnecessary delays in loan certification 

under this title for those borrowers who choose a lender 

that has not been recommended, promoted, or endorsed by 

the institution; and 

(vi) comply with such other requirements as the Secretary 

may prescribe by regulation. 

(B) The Secretary shall maintain and update a list of lender 

affiliates of all eligible lenders, and shall provide such list to 

the institutions for use in carrying out subparagraph (A). 

(C) For the purposes of subparagraph (A)— 

(i) the term ‘‘affiliate’’ means a person that controls, is 

controlled by, or is under common control with another person; 

(ii) a person controls, is controlled by, or is under common control with another person if— 

(I) the person directly or indirectly, or acting through 

1 or more others, owns, controls, or has the power to 

vote 5 percent or more of any class of voting securities 

of such other person; 

(II) the person controls, in any manner, the election 

of a majority of the directors or trustees of such other 

person; or 


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(III) the Secretary determines (after notice and opportunity for a hearing) that the person directly or indirectly exercises a controlling interest over the management or policies of such other person; 

(iii) the term ‘‘preferred lender arrangement’’ has the 

meaning provided in section 151; 

(iv) the term ‘‘educational loans’’ has the meaning provided in section 151, except that such term does not include 

loans under section 499(b) or under parts D or E of this 

title. 

(25) The institution will submit to the Secretary annually, in 

such form as the Secretary may prescribe, data on— 

(A) the number and percentage of students taking classes 

in whole or in part on-line or through distance education; 

(B) of such students, the number and percentage of those 

taking their classes exclusively on-line or through distance 

education; and 

(C) the number and percentage of courses offered by the 

institution that are offered on-line or through distance education. 

(26) The institution will, upon request, disclose to the alleged 

victim of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, the final 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, the next of kin of 

such victim shall be treated as the alleged victim for purposes 

of this paragraph. 

(27) A proprietary institution of higher education (as defined 

in section 102(b)) will, as calculated in accordance with subsection (f)(1) of this section, have not less than 10 percent of its 

revenues from sources other than funds provided under this 

title, or will be subject to the sanctions described in subsection 

(f)(2) of this section. 

(28)(A) The institution of higher education will establish a 

policy on the disposal or disposition (including selling, donating, returning upon lease end, or destroying by recycling), of all 

technology assets which may have personal and sensitive data 

of students. Such policy may include a forensic scrub that ensures total destruction of data on the technology assets and include a designated for disposal or disposition, transfer ownership and liability from that institution to State and federally 

approved recyclers or de-manufacturers of such equipment. 

(B) For purposes of this paragraph, the term ‘‘technology assets’’ means a computer central processing unit, monitor, printer, router, server, peripheral devices (such as switches, hubs, 

and systems), firewalls, telephones, or other simple network devices or single piece of information technology equipment. 

* * * * * * * 

(c) AUDITS; FINANCIAL RESPONSIBILITY; ENFORCEMENT OF STANDARDS.—(1) Notwithstanding any other provisions of this title, the 

Secretary shall prescribe such regulations as may be necessary to 

provide for— 


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(A)(i) except as provided in øclauses (ii) and (iii)¿ clauses (ii), 

(iii), and (iv), a financial audit of an eligible institution with 

regard to the financial condition of the institution in its entirety, and a compliance audit of such institution with regard 

to any funds obtained by it under this title or obtained from 

a student or a parent who has a loan insured or guaranteed 

by the Secretary under this title, on at least an annual basis 

and covering the period since the most recent audit, conducted 

by a qualified, independent organization or person in accordance with standards established by the Comptroller General 

for the audit of governmental organizations, programs, and 

functions, and as prescribed in regulations of the Secretary, 

the results of which shall be submitted to the Secretary and 

shall be available to cognizant guaranty agencies, eligible lenders, State agencies, and the appropriate State agency notifying 

the Secretary under subpart 1 of part H, except that the Secretary may modify the requirements of this clause with respect 

to institutions of higher education that are foreign institutions, 

and may waive such requirements with respect to a foreign institution whose students receive less than $500,000 in loans 

under this title during the award year preceding the audit period; 

(ii) with regard to an eligible institution which is audited under 

chapter 75 of title 31, United States Code, deeming such audit to 

satisfy the requirements of clause (i) for the period covered by such 

audit; øor¿ 

(iii) at the discretion of the Secretary, with regard to an eligible 

institution (other than an eligible institution described in section 

102(a)(1)(C)) that has obtained less than $200,000 in funds under 

this title during each of the 2 award years that precede the audit 

period and submits a letter of credit payable to the Secretary equal 

to not less than 1⁄2 of the annual potential liabilities of such institution as determined by the Secretary, deeming an audit conducted 

every 3 years to satisfy the requirements of clause (i), except for 

the award year immediately preceding renewal of the institution’s 

eligibility under section 498(g); or 

(iv) with respect to an eligible institution that is audited under 

clause (i), and for which it is determined through such audit that 

the percentage of students enrolled at the institution who were accepted for enrollment and made eligible for student financial assistance under this title by way of section 484(d)(2) exceeds 5 percent 

of the total enrollment of the institution for such academic year, an 

additional review to confirm that the institution is in compliance 

with the regulations prescribed by the Secretary under section 

484(d); 

* * * * * * * 

(f) IMPLEMENTATION OF NON-TITLE IV REVENUE REQUIREMENT.— (1) CALCULATION.—In carrying out subsection (a)(27), a proprietary institution of higher education shall— 

(A) use the cash basis of accounting; 

(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; 


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(ii) activities conducted by the institution, to the extent not included in tuition, fees, and other institutional charges, that are necessary for the education or 

training of its students who are enrolled in programs 

eligible for assistance under this title, 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, provided that the program is approved or licensed by the appropriate State agency and 

is accredited by an accrediting agency recognized by 

the Secretary; 

(C) presume that any title IV program funds disbursed or 

delivered to or on behalf of a student will be used to pay 

the student’s tuition, fees, or other institutional charges, regardless of whether the institution credits those funds to 

the student’s account or pays those funds directly to the student, except to the extent that the student’s tuition, fees, or 

other institutional charges are satisfied by— 

(i) grant funds provided by non-Federal public agencies or private sources independent of the institution; 

(ii) 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 

(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, provided 

that the institution can reasonable demonstrate such 

funds were used to pay the student’s tuition, fees, or 

other institutional charges; 

(D) include institutional aid as revenue to the school only 

as follows: 

(i) in the case of institutional loans, only the amount 

of loan repayments received during the fiscal year; and 

(ii) in the case of institutional scholarships, only 

those 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 the 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) exclude from revenues— 


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(i) the amount of funds it received under the Federal 

Work-Study program, unless the institution used those 

funds to pay a student’s institutional charges; 

(ii) the amount of funds it received under the 

Leveraging Education Assistance Partnership program; 

(iii) the amount of institutional funds it used to 

match title IV program funds; 

(iv) the amount of title IV program funds that must 

be refunded or returned; or 

(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) An institution that fails to meet the requirements of 

subsection (a)(27) for 2 consecutive fiscal years shall become ineligible to participate in the programs authorized by 

this title. To regain eligibility to participate in the programs authorized by this title, an institution that loses its 

eligibility as a sanction under this subparagraph must 

demonstrate compliance with all eligibility requirements for 

at least the 3 fiscal years following the fiscal year the institution became ineligible. 

(B) In addition to such other means of enforcing the requirements of this title as may be available to the Secretary, if an institution fails to meet the requirements of 

subsection (a)(27) in any fiscal year, the Secretary shall impose sanctions on the institution, which shall include— 

(i) placing the institution on provisional certification 

in accordance with section 498(h) until the institution 

demonstrates, to the satisfaction of the Secretary, that 

it is in compliance with subsection (a)(27); 

(ii) requiring the institution to provide to the Secretary satisfactory evidence of its financial responsibility in accordance with section 498(c)(3); and 

(iii) requiring such other increased monitoring and 

reporting requirements as the Secretary determines 

necessary until the institution demonstrates, to the satisfaction of the Secretary, that it is in compliance with 

subsection (a)(27). 

(3) PUBLICATION ON COLLEGE NAVIGATOR WEBSITE.—The Secretary shall publicly disclose the identity of any institution that 

fails to meet the requirements of subsection (a)(27) on the College Navigator website. 

(4) REPORT TO CONGRESS.—The Secretary shall annually submit to the authorizing committees a report that contains, for 

each institution subject to the requirement of subsection (a)(27), 

the result of the calculation of revenue performed by each such 

institution pursuant to such subsection and paragraph (1) of 

this subsection. 

SEC. 487A. REGULATORY RELIEF AND IMPROVEMENT. 

(a) QUALITY ASSURANCE PROGRAM.— 

(1) * * * 

* * * * * * * 


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(5) REVIEW AND EVALUATION.—The Secretary shall review 

and evaluate the Quality Assurance Program conducted by 

each participating institution and, on the basis of that evaluation, make recommendations regarding amendments to this 

Act that will streamline the administration and enhance the 

integrity of Federal student assistance programs. Such recommendations shall be submitted to the øCommittee on Labor 

and Human Resources of the Senate and the Committee on 

Education and the Workforce of the House of Representatives¿ 

authorizing committees. 

(b) REGULATORY IMPROVEMENT AND STREAMLINING EXPERIMENTS.— 

ø(1) IN GENERAL.—The Secretary may continue any experimental sites in existence on the date of enactment of the Higher Education Amendments of 1998. Any activities approved by 

the Secretary prior to such date that are inconsistent with this 

section shall be discontinued not later than June 30, 1999.¿ 

(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. 

ø(2) REPORT.—The Secretary shall review and evaluate the 

experience of institutions participating as experimental sites 

during the period of 1993 through 1998 under this section (as 

such section was in effect on the day before the date of enactment of the Higher Education Amendments of 1998), and shall 

submit a report based on this review and evaluation to the 

Committee on Labor and Human Resources of the Senate and 

the Committee on Education and the Workforce of the House 

of Representatives not later than 6 months after the enactment 

of the Higher Education Amendments of 1998. Such report 

shall include—¿ 

(2) REPORT.—The Secretary shall review and evaluate the experience of institutions participating as experimental sites and 

shall, on a biennial basis, submit a report based on the review 

and evaluation to the authorizing committees. Such report shall 

include— 

(A) a list of participating institutions and the specific 

statutory or regulatory waivers granted to each institution; 

(B) the findings and conclusions reached regarding each 

of the experiments conducted; and 

(C) recommendations for amendments to improve and 

streamline this Act, based on the results of the experiment. 

(3) SELECTION.— 

(A) IN GENERAL.—øUpon the submission of the report required by paragraph (2), the¿ The Secretary is authorized 

to periodically select a limited number of additional institutions for voluntary participation as experimental sites to 

provide recommendations to the Secretary on the impact 


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and effectiveness of proposed regulations or new management initiatives. 

ø(B) CONSULTATION.—Prior to approving any additional 

experimental sites, the Secretary shall consult with the 

Committee on Labor and Human Resources of the Senate 

and the Committee on Education and the Workforce of the 

House of Representatives and shall provide to such Committees— 

ø(i) a list of institutions proposed for participation in 

the experiment and the specific statutory or regulatory 

waivers proposed to be granted to each institution; 

ø(ii) a statement of the objectives to be achieved 

through the experiment; and 

ø(iii) an identification of the period of time over 

which the experiment is to be conducted.¿ 

ø(C)¿ (B) WAIVERS.—The Secretary is authorized to 

waive, for any institution participating as an experimental 

site under subparagraph (A), any requirements in this 

title, including requirements related to the award process 

and disbursement of student financial aid (such as innovative delivery systems for modular or compressed courses, or 

other innovative systems), verification of student financial 

aid application data, entrance and exit interviews, or other 

management procedures or processes as determined in the 

negotiated rulemaking process under section 492, or regulations prescribed under this title, that will bias the results 

of the experiment, except that the Secretary shall not 

waive any provisions with respect to award rules (other 

than an award rule related to an experiment in modular or 

compressed schedules), grant and loan maximum award 

amounts, and need analysis requirements unless the waiver of such provisions is authorized by another provision 

under this title. 

* * * * * * * 

SEC. 491. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE. 

(a) ESTABLISHMENT AND PURPOSE.—(1) * * * 

(2) The purpose of the Advisory Committee is— 

(A) * * * 

(B) to provide technical expertise with regard to systems of 

needs analysis and application forms; øand¿ 

(C) to make recommendations that will result in the maintenance of access to postsecondary education for low- and middleincome studentsø.¿; 

(D) to provide knowledge and understanding of early intervention programs and make recommendations that will result 

in early awareness by low- and moderate-income students and 

families of their eligibility for assistance under this title, and, 

to the extent practicable, their eligibility for other forms of State 

and institutional need-based student assistance; and 

(E) to make recommendations that will expand and improve 

partnerships among the Federal Government, States, institutions, and private entities to increase the awareness and total 


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amount of need-based student assistance available to low- and 

moderate-income students. 

* * * * * * * 

(d) FUNCTIONS OF THE COMMITTEE.—The Advisory Committee 

shall— 

(1) * * * 

* * * * * * * 

(6) recommend to the Congress and to the Secretary such 

studies, surveys, and analyses of student financial assistance 

programs, policies, and practices, including the special needs of 

low-income, disadvantaged, and nontraditional students, and 

the means by which the needs may be metø, but nothing in 

this section shall authorize the committee to perform such 

studies, surveys, or analyses¿; 

* * * * * * * 

(8) appraise the adequacies and deficiencies of current student financial aid information resources and services and 

evaluate the effectiveness of current student aid information 

programs; øand¿ 

(9) monitor the adequacy of total need-based aid available to 

low- and moderate-income students from all sources, assess the 

implications for access and persistence, and report those implications annually to Congress and the Secretary; and 

ø(9)¿ (10) make special efforts to advise Members of Congress and such Members’ staff of the findings and recommendations made pursuant to this paragraph. 

* * * * * * * 

(j) SPECIAL ANALYSES AND ACTIVITIES.—The Advisory Committee 

shall— 

(1) monitor and evaluate the modernization of student financial aid systems and delivery processesø, 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 simplification, including recommendations for improvement; 

* * * * * * * 

(4) assess the implications of distance education on student 

eligibility and other requirements for financial assistance 

under this title, and make recommendations that will enhance 

access to postsecondary education through distance education 

while maintaining access, through on-campus instruction at eligible institutions, and program integrity; øand¿ 

(5) not later than 6 months after the date of enactment of the 

College Opportunity and Affordability Act of 2007, advise the 

Secretary on means to implement the activities under section 

415E, and the Advisory Committee shall continue to monitor, 

evaluate, and make recommendations on the progress of partnerships that receive allotments under such section; and 

ø(5)¿ (6) make recommendations to the Secretary regarding 

redundant or outdated provisions of and regulations under this 

Act, consistent with the Secretary’s requirements under section 

498B. 


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(k) TERM OF THE COMMITTEE.—Notwithstanding the sunset and 

charter provisions of the Federal Advisory Committee Act (5 U.S.C. 

App. I) or any other statute or regulation, the Advisory Committee 

shall be authorized until October 1, ø2004¿ 2011. 

SEC. 492. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING. 

(a) * * * 

(b) DRAFT REGULATIONS.— (1) IN GENERAL.—After obtaining the advice and recommendations described in subsection (a)(1) and before publishing proposed regulations in the Federal Register, the Secretary shall prepare draft regulations implementing this title 

as amended by the Higher Education Amendments of 1998 and 

shall submit such regulations to a negotiated rulemaking process. Participants in the negotiations process shall be chosen by 

the Secretary øfrom individuals nominated by groups described 

in subsection (a)(1)¿ from individuals who are nominated by 

groups described in subsection (a)(1) and who have recognized 

legitimacy as designated representatives of major stakeholders, 

sectors, and constituencies in the higher education community, and shall include both representatives of such groups from 

Washington, D.C., and industry participants. To the extent 

possible, the Secretary shall select individuals reflecting the diversity in the industry, representing both large and small participants, as well as individuals serving local areas and national markets. The negotiation process shall be conducted in 

a timely manner in order that the final regulations may be 

issued by the Secretary within the 360-day period described in 

section 437(e) of the General Education Provisions Act. 

* * * * * * * 

SEC. 493C. INCOME-BASED REPAYMENT. 

(a) * * * 

(b) INCOME-BASED REPAYMENT PROGRAM AUTHORIZED.—Notwithstanding any other provision of this Act, the Secretary shall carry 

out a program under which— 

(1) a borrower of any loan made, insured, or guaranteed 

under part B or D (other than an excepted PLUS loan or excepted consolidation loan) who has a partial financial hardship 

(whether or not the borrower’s loan has been submitted to a 

guaranty agency for default aversion øor is already in default¿) 

may elect, during any period the borrower has the partial financial hardship, to have the borrower’s aggregate monthly 

payment for all such loans not exceed the result described in 

subsection (a)(3)(B) divided by 12; 

* * * * * * * 

SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION. 

(a) IN GENERAL.—Each eligible institution participating in any 

program under this title shall to the extent practicable— 

(1) make publicly available to their students and employees, 

the policies and procedures related to the illegal downloading 

and distribution of copyrighted materials required to be disclosed under section 485(a)(1)(P); and 

(2) develop a plan for offering alternatives to illegal 

downloading or peer-to-peer distribution of intellectual property 


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as well as a plan to explore technology-based deterrents to prevent such illegal activity. 

(b) GRANTS.— (1) PROGRAM AUTHORITY.—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 a 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. 

(2) AWARDS.—Grants and contracts shall be awarded under 

paragraph (1) on a competitive basis. 

(3) APPLICATIONS.—An institution of higher education or a 

consortium of such institutions that desires to receive a grant 

or contract under paragraph (1) 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. 

(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 for each of the 4 

succeeding fiscal years. 

* * * * * * * 

PART H—PROGRAM INTEGRITY 

* * * * * * * 

Subpart 2—Accrediting Agency Recognition 

SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION. 

(a) CRITERIA REQUIRED.—No accrediting agency or association 

may be determined by the Secretary to be a reliable authority as 

to the quality of education or training offered for the purposes of 

this Act or for other Federal purposes, unless the agency or association meets criteria established by the Secretary pursuant to this 

section. The Secretary shall, after notice and opportunity for a 

hearing, establish criteria for such determinations. Such criteria 

shall include an appropriate measure or measures of student 

achievement. Such criteria shall require that— 

(1) * * * 

* * * * * * * 

(4)(A) such agency or association consistently applies and enforces standards that respect the stated mission of the institution of higher education, including religious missions, and that 

ensure that the courses or programs of instruction, training, or 

study offered by the institution of higher education, including 

distance education courses or programs, are of sufficient quality to achieve, for the duration of the accreditation period, the 


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stated objective for which the courses or the programs are offered; and 

(B) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education, such agency or 

association shall, in addition to meeting the other requirements 

of this subpart, demonstrate to the Secretary that— 

(i) the agency or association’s standards effectively address the quality of an institution’s distance education in 

the areas identified in paragraph (5), except that the agency 

or association shall not be required to have separate standards, procedures or policies for the evaluation of distance 

education institutions or programs in order to meet the requirements of this subparagraph; and 

(ii) the agency or association requires an institution that 

offers distance education to have processes through which 

the institution establishes that the student who registers in 

a distance education course or program is the same student 

who participates in and completes the program and receives the academic credit; 

* * * * * * * 

ø(6) such agency or association shall apply procedures 

throughout the accrediting process, including evaluation and 

withdrawal proceedings, that comply with due process, including— 

ø(A) adequate specification of requirements and deficiencies at the institution of higher education or program 

being examined; 

ø(B) notice of an opportunity for a hearing by any such 

institution; 

ø(C) the right to appeal any adverse action against any 

such institution; and 

ø(D) the right to representation by counsel for any such 

institution;¿ 

(6) such agency or association shall establish and apply review procedures throughout the accrediting process, including 

evaluation and withdrawal proceedings which comply with due 

process procedures that provide for— 

(A) adequate specification of requirements, including 

clear and consistent standards for an institution to be accredited, and deficiencies at the institution of higher education or program examined; 

(B) an opportunity for a written response by any such institution to be included, prior to final action, in the evaluation and withdrawal proceedings; 

(C) upon the written request of an institution, an opportunity for the institution to appeal any adverse action, including denial, withdrawal, suspension, or termination of 

accreditation, at a hearing prior to such action becoming 

final, before an appeals panel that— 

(i) shall not include current members of the agency 

or association’s underlying decision-making body that 

made the adverse decision; and 

(ii) is subject to a conflict of interest policy; and 


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(D) the right to representation by counsel for such an institution during an appeal of the adverse action; 

* * * * * * * 

ø(8) such agency or association shall make available to the 

public, upon request, and to the Secretary, and the State licensing or authorizing agency a summary of any review resulting in a final accrediting decision involving denial, termination, 

or suspension of accreditation, together with the comments of 

the affected institution.¿ 

(8) such agency or association shall make available to the 

public and the State licensing or authorizing agency, and submit to the Secretary, a summary of agency or association actions, including— 

(A) the award of accreditation or reaccreditation of an institution; 

(B) final denial, withdrawal, suspension, or termination 

of accreditation, 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; 

(9) such agency or association confirms, as a part of the agency or association’s review for accreditation or reaccreditation, 

that the institution has transfer of credit policies— 

(A) that are publicly disclosed; and 

(B) that include a statement of the criteria established by 

the institution regarding the transfer of credit earned at 

another institution of higher education; 

(10) such agency or association reviews and takes into consideration the institution’s response in any review or determination, and includes in any determination a written statement addressing the institution’s response and stating the basis for such 

determination, and a copy of the institution’s response; and 

(11) such agency or association shall not make a determination or take adverse action based upon an unpublished or undocumented policy, practice, or precedent. 

* * * * * * * 

(c) OPERATING PROCEDURES REQUIRED.—No accrediting agency or 

association may be recognized by the Secretary as a reliable authority as to the quality of education or training offered by an institution seeking to participate in the programs authorized under this 

title, unless the agency or association— 

(1) performs, at regularly established intervals, on-site inspections and reviews of institutions of higher education 

(which may include unannounced site visits) with particular 

focus on educational quality and program effectiveness, and ensures that accreditation team members are well-trained and 

knowledgeable with respect to their responsibilities, including 

those regarding distance education; 

(2) monitors the growth of programs at institutions that are 

experiencing significant enrollment growth; 

(3) requires an institution to submit a teach-out plan for approval to the accrediting agency upon the occurrence of any of 

the following events: 


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(A) the Department notifies the accrediting agency of an 

action against the institution pursuant to section 487(d); 

(B) the accrediting agency acts to withdraw, terminate, or 

suspend the accreditation of an institution; and 

(C) the institution notifies the accrediting agency that the 

institution intends to cease operations; 

ø(2)¿ (4) requires that any institution of higher education 

subject to its jurisdiction which plans to establish a branch 

campus submit a business plan, including projected revenues 

and expenditures, prior to opening the branch campus; 

ø(3)¿ (5) agrees to conduct, as soon as practicable, but within 

a period of not more than 6 months of the establishment of a 

new branch campus or a change of ownership of an institution 

of higher education, an on-site visit of that branch campus or 

of the institution after a change of ownership; 

ø(4)¿ (6) requires that teach-out agreements among institutions are subject to approval by the accrediting agency or association consistent with standards promulgated by such agency 

or association; 

ø(5)¿ (7) maintains and makes publicly available written materials regarding standards and procedures for accreditation, 

appeal procedures, and the accreditation status of each institution subject to its jurisdiction; and 

ø(6)¿ (8) discloses publicly whenever an institution of higher 

education subject to its jurisdiction is being considered for accreditation or reaccreditation. 

* * * * * * * 

(g) LIMITATION ON SCOPE OF CRITERIA.—Nothing in this Act shall 

be construed to permit the Secretary to establish criteria for accrediting agencies or associations that are not required by this section. Nothing in this Act shall be construed to prohibit or limit any 

accrediting agency or association from adopting additional standards not provided for in this section. Nothing in this section shall 

be construed to permit the Secretary to establish any criteria that 

specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with 

respect to student achievement. 

* * * * * * * 

(o) REGULATIONS.—The Secretary shall by regulation provide procedures for the recognition of accrediting agencies or associations 

and for the appeal of the Secretary’s decisions. Notwithstanding 

any other provision of law, the Secretary shall not promulgate any 

regulation with respect to subsection (a)(5). 

SEC. 497. ACCREDITATION OMBUDSMAN. 

(a) APPOINTMENT.—The Assistant Secretary for Postsecondary 

Education, in consultation with the Secretary, shall appoint an Accreditation Ombudsman to provide timely assistance to institutions 

of higher education, accrediting agencies and associations, and 

other participants in the accreditation process who may have grievances related to the functions described in subsection (c). 

(b) PUBLIC INFORMATION.—The Assistant Secretary for Postsecondary Education shall disseminate information about the availability and functions of the Ombudsman to institutions of higher 


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education, accrediting agencies and associations, and other participants in the accreditation process. 

(c) FUNCTIONS OF OMBUDSMAN.—The Ombudsman appointed 

under this section shall— 

(1) in accordance with regulations of the Secretary, receive, 

review, and attempt to resolve complaints from institutions of 

higher education, accrediting agencies and associations, and 

other participants in the accreditation process described in subsection (a), including, as appropriate, attempts to resolve such 

complaints within the Department of Education and with institutions of higher education, accreditation agencies and associations, and other participants in title IV programs; and 

(2) compile and analyze data on institutions of higher education and accrediting agency and association complaints and 

make appropriate recommendations. 

(d) REPORT.—Each year, the Ombudsman shall submit a report 

to the Assistant Secretary for Postsecondary Education, for inclusion in the annual report under section 114, that describes the activities, and evaluates the effectiveness of the Ombudsman during 

the preceding year. 

Subpart 3—Eligibility and Certification 

Procedures 

* * * * * * * 

SEC. 498A. PROGRAM REVIEW AND DATA. 

(a) * * * 

(b) SPECIAL ADMINISTRATIVE RULES.—In carrying out paragraphs 

(1) and (2) of subsection (a) and any other relevant provisions of 

this title, the Secretary shall— 

(1) * * * 

* * * * * * * 

(4) base any civil penalty assessed against an institution of 

higher education resulting from a program review or audit on 

the gravity of the violation, failure, or misrepresentation; 

øand¿ 

(5) inform the appropriate State and accrediting agency or 

association whenever the Secretary takes action against an institution of higher education under this section, section 498, or 

section 432ø.¿; 

(6) provide the institution adequate opportunity to review and 

respond to any program review report or audit finding before 

any final program review or audit determination is reached, including access to any and all workpapers, notes, documentation, records, or other information relating to the program review report or audit finding; 

(7) review and take into consideration the institution’s response in any final program review or audit determination, and 

include in the final determination a written statement addressing the institution’s response and stating the basis for such 

final determination, and 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 paraVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00613 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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612 

graphs (6) and (7) are met, and until a final program review 

determination has been issued. 

* * * * * * * 

SEC. 498B. REVIEW OF REGULATIONS. 

(a) * * * 

* * * * * * * 

(d) REPORTS TO CONGRESS.— 

(1) IN GENERAL.—The Secretary shall submit, not later than 

1 year after the date of the enactment of the Higher Education 

Amendments of 1998, a report to the øCommittee on Labor and 

Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives¿ authorizing committees detailing the Secretary’s findings and recommendations based on the reviews conducted under subsections (a) and (b), including a timetable for implementation 

of any recommended changes in regulations and a description 

of any recommendations for legislative changes. 

(2) ADDITIONAL REPORTS.—Not later than January 1, 2003, 

the Secretary shall submit a report to the øCommittee on 

Labor and Human Resources of the Senate and the Committee 

on Education and the Workforce of the House of Representatives¿ authorizing committees detailing the Secretary’s findings 

and recommendations based on the review conducted under 

subsection (a), including a timetable for implementation of any 

recommended changes in regulations and a description of any 

recommendations for legislative changes. 

PART I—COMPETITIVE LOAN AUCTION PILOT 

PROGRAM 

SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM. 

(a) * * * 

* * * * * * * 

(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— 

(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 in 

each State; 

(4) the effect of the transition to and operation of the pilot 

program on the ability of— 


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(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; 

(6) the feasibility of using the mechanism piloted to operate 

the other loan programs under part B of this title; and 

(7) the feasibility of using other market mechanisms to operate the loan programs under part B of this title, including the 

sale of securities backed by federally owned student loan assets 

originated by banks acting as agents of the Federal Government. 

(d) REPORTS.—The Secretary and the Secretary of the Treasury 

shall submit to the authorizing committees— 

(1) not later than September 1, 2010, a preliminary report regarding the findings of the evaluation described in subsection 

(c); 

(2) not later than September 1, 2012, an interim report regarding such findings; and 

(3) not later than September 1, 2013, a final report regarding 

such findings. 

* * * * * * * 

TITLE V—DEVELOPING INSTITUTIONS 

PART A—HISPANIC-SERVING INSTITUTIONS 

* * * * * * * 

SEC. 503. AUTHORIZED ACTIVITIES. 

(a) * * * 

(b) AUTHORIZED ACTIVITIES.—Grants awarded under this section 

shall be used for one or more of the following activities: 

(1) * * * 

* * * * * * * 

(14) Providing education or financial information designed to 

improve the financial literacy and economic literacy of students 

or the students’ parents, especially with regard to student indebtedness and student assistance programs under the title IV. 

ø(14)¿ (15) Other activities proposed in the application submitted pursuant to section 504 that— 

(A) * * * 

* * * * * * * 


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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 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 competitive grants to Hispanic-serving institutions determined by the 

Secretary to be making substantive contributions to graduate educational opportunities for Hispanic students. 

(b) ELIGIBILITY.—For the purposes of this part, an ‘‘eligible institution’’ means an institution of higher education that— 

(1) is an eligible institution under section 502(a)(2); and 

(2) offers a postbaccalaureate certificate or degree granting 

program. 

SEC. 513. AUTHORIZED ACTIVITIES. 

Grants awarded under this part shall be used for one or more of 

the following activities: 

(1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes. 

(2) Construction, maintenance, renovation, and 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 needy postbaccalaureate students including 

outreach, academic support services, mentoring, scholarships, 

fellowships, and other financial assistance to permit the enrollment of such students in postbaccalaureate certificate and degree granting programs. 

(5) Support of faculty exchanges, faculty development, faculty 

research, curriculum development, and academic instruction. 

(6) Creating or improving facilities for Internet or other distance learning academic instruction capabilities, including purchase or rental of telecommunications technology equipment or 

services. 

(7) Collaboration with other institutions of higher education 

to expand postbaccalaureate certificate and degree offerings. 

(8) Other activities proposed in the application submitted 

pursuant to section 514 that— 

(A) contribute to carrying out the purposes of this part; 

and 


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(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 determined by the Secretary. Such 

application shall demonstrate how the grant funds will be used to 

improve postbaccalaureate education opportunities in programs and 

professions in which Hispanic Americans are underrepresented. 

(b) DURATION.—Grants under this part shall be awarded for a period not to exceed 5 years. 

(c) LIMITATION.—The Secretary shall not award more than one 

grant under this part in any fiscal year to any Hispanic-serving institution. 

PART øB¿ C—GENERAL PROVISIONS 

SEC. ø511.¿ 521. ELIGIBILITY; APPLICATIONS. 

(a) * * * 

* * * * * * * 

SEC. ø512.¿ 522. WAIVER AUTHORITY AND REPORTING REQUIREMENT. 

(a) * * * 

* * * * * * * 

SEC. ø513.¿ 523. APPLICATION REVIEW PROCESS. 

(a) * * * 

* * * * * * * 

SEC. ø514.¿ 524. COOPERATIVE ARRANGEMENTS. 

(a) GENERAL AUTHORITY.—The Secretary may make grants to encourage cooperative arrangements with funds available to carry out 

this title, between Hispanic-serving institutions eligible for assistance under this title, and between such institutions and institutions not receiving assistance under this title, for the activities described in section 503 and section 513 so that the resources of the 

cooperating institutions might be combined and shared in order to 

achieve the purposes of this title, to avoid costly duplicative efforts, 

and to enhance the development of Hispanic-serving institutions. 

* * * * * * * 

SEC. ø515.¿ 525. ASSISTANCE TO INSTITUTIONS UNDER OTHER PROGRAMS. 

(a) * * * 

* * * * * * * 

SEC. ø516.¿ 526. LIMITATIONS. 

The funds appropriated under section 518 may not be used— 

(1) * * * 

* * * * * * * 

SEC. ø517.¿ 527. PENALTIES. 

Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of Federal financial assistance or grant pursuant to this title embezzles, willfully 


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misapplies, steals, or obtains by fraud any of the funds that are the 

subject of such grant or assistance, shall be fined not more than 

$10,000 or imprisoned for not more than 2 years, or both. 

SEC. ø518.¿ 528. AUTHORIZATIONS OF APPROPRIATIONS. 

ø(a) AUTHORIZATIONS.—There are authorized to be appropriated 

to carry out this title $62,500,000 for fiscal year 1999 and such 

sums as may be necessary for each of the 4 succeeding fiscal 

years.¿ 

(a) AUTHORIZATIONS.— 

(1) PART A.—There are authorized to be appropriated to carry 

out part A and part C of this title $175,000,000 for fiscal year 

2009 and such sums as may be necessary for each of the 4 succeeding fiscal years. 

(2) PART B.—There are authorized to be appropriated to carry 

out part B of this title $125,000,000 for fiscal year 2009 and 

such sums as may be necessary for each of the 4 succeeding fiscal years. 

* * * * * * * 

(c) MINIMUM GRANT AMOUNT.—The minimum amount of a grant 

under this title shall be $200,000. 

TITLE VI—INTERNATIONAL EDUCATION 

PROGRAMS 

PART A—INTERNATIONAL AND FOREIGN 

LANGUAGE STUDIES 

SEC. 601. FINDINGS AND PURPOSES. 

(a) FINDINGS.—Congress finds as follows: 

(1) * * * 

* * * * * * * 

(3) Dramatic øpost-Cold War¿ changes in the world’s geopolitical and economic landscapes are creating needs for American expertise and knowledge about a greater diversity of less 

commonly taught foreign languages and nations of the world. 

* * * * * * * 

(b) PURPOSES.—The purposes of this part are— 

(1)(A) * * * 

* * * * * * * 

(D) to promote access to research and training overseasø; and¿, 

including through linkages overseas with institutions of higher education and relevant organizations that contribute to the educational 

programs assisted under this part; and 

* * * * * * * 

(3) to coordinate the programs of the Federal Government in 

the areas of foreign language, area studies, and other international studies, including professional international affairs 

education and research, and international business and trade 

competitiveness. 


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SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA 

CENTERS AND PROGRAMS. 

(a) NATIONAL LANGUAGE AND AREA CENTERS AND PROGRAMS AU- THORIZED.— (1) CENTERS AND PROGRAMS.— ø(A) IN GENERAL.—The Secretary is authorized— 

ø(i) to make grants to institutions of higher education, or combinations thereof, for the purpose of establishing, strengthening, and operating comprehensive foreign language and area or international studies 

centers and programs; and 

ø(ii) to make grants to such institutions or combinations for the purpose of establishing, strengthening, 

and operating a diverse network of undergraduate foreign language and area or international studies centers and programs.¿ 

(A) IN GENERAL.—The Secretary is authorized to make 

grants to institutions of higher education or consortia of 

such institutions for the purpose of establishing, 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. 

* * * * * * * 

(2) AUTHORIZED ACTIVITIES.—Any such grant may be used to 

pay all or part of the cost of establishing or operating a center 

or program, including the cost of— 

(A) * * * 

* * * * * * * 

(G) summer institutes in the United States or abroad designed to provide language and area training in the center’s field or topic; øand¿ 

(H) support for faculty, staff, and student travel in foreign areas, regions, or countries, and for the development 

and support of educational programs abroad for 

studentsø.¿; 

(I) supporting instructors of the less commonly taught 

languages; and 

(J) projects that support in students an understanding of 

science and technology in coordination with foreign language proficiency. 

* * * * * * * 

(4) OUTREACH GRANTS AND SUMMER INSTITUTES.—The Secretary may make additional grants to centers described in 

paragraph (1) for any one or more of the following purposes: 

(A) * * * 

ø(B) Programs of linkage or outreach with 2- and 4-year 

colleges and universities.¿ 

(B) Partnerships or programs of linkage and outreach 

with 2-year and 4-year colleges and universities, including 

colleges of education and teacher professional development 

programs. 


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(C) Partnerships with local educational agencies and 

public and private elementary and secondary education 

schools that are designed to increase student academic 

achievement in foreign language and knowledge of world 

regions, and to facilitate the wide dissemination of materials related to area studies. 

ø(C) Programs of linkage or outreach¿ (D) Partnerships 

or programs of linkage and outreach with departments or 

agencies of Federal and State governments. 

ø(D)¿ (E) Programs of linkage or outreach with the news 

media, business, professional, or trade associations. 

ø(E)¿ (F) Summer institutes in øforeign area¿ area studies, foreign language, and other international fields designed to carry out the programs øof linkage and outreach¿ described in subparagraphs (A), (B), ø(C), and (D)¿ 

(D), and (E). 

(b) GRADUATE AND UNDERGRADUATE FELLOWSHIPS FOR FOREIGN

LANGUAGE AND AREA OR INTERNATIONAL STUDIES.— 

(1) * * * 

ø(2) ELIGIBLE STUDENTS.—Students receiving stipends described in paragraph (1) shall be individuals who are engaged 

in an instructional program with stated performance goals for 

functional foreign language use or in a program developing 

such performance goals, in combination with area studies, 

international studies, or the international aspects of a professional studies program, including predissertation level studies, 

preparation for dissertation research, dissertation research 

abroad, and dissertation writing.¿ 

(2) ELIGIBLE STUDENTS.—A student receiving a stipend described in paragraph (1) shall be engaged in an instructional 

program with stated performance goals for functional foreign 

language use or in a program developing such performance 

goals, in combination with area studies, international studies, 

or the international aspects of a professional studies program, 

including predissertation level studies, preparation for dissertation research, dissertation research abroad, and dissertation 

writing, and— 

(A) in the case of graduate fellowships, activities in connection with a program described in this paragraph may 

include predissertation level studies, preparation for dissertation research, dissertation research abroad, and dissertation writing; or 

(B) in the case of undergraduate fellowships, students 

may be allowed to use their fellowships abroad for intermediate or advanced study of a less commonly taught language. 

* * * * * * * 

SEC. 603. LANGUAGE RESOURCE CENTERS. 

(a) LANGUAGE RESOURCE CENTERS AUTHORIZED.—The Secretary 

is authorized to make grants to and enter into contracts with institutions of higher education, or øcombinations¿ consortia of such institutions, for the purpose of establishing, strengthening, and operating a small number of national language resource and training 


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centers, which shall serve as resources to improve the capacity to 

teach and learn foreign languages effectively. 

* * * * * * * 

(c) CONDITIONS FOR GRANTS.—Grants under this section shall reflect the purposes of this part and be made on such conditions as 

the Secretary determines to be necessary to carry out the provisions of this section. 

SEC. 604. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN 

LANGUAGE PROGRAMS. 

(a) INCENTIVES FOR THE CREATION OF NEW PROGRAMS AND THE

STRENGTHENING OF EXISTING PROGRAMS IN UNDERGRADUATE

INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS.— 

(1) AUTHORITY.—The Secretary is authorized to make grants 

to institutions of higher education, øcombinations¿ consortia of 

such institutions, or partnerships between nonprofit educational organizations and institutions of higher education, to 

assist such institutions, øcombinations¿ consortia or partnerships in planning, developing, and carrying out programs to 

improve undergraduate instruction in international studies 

and foreign languages. Such grants shall be awarded to institutions, øcombinations¿ consortia or partnerships seeking to 

create new programs or to strengthen existing programs in foreign languages, area studies, and other international fields. 

(2) USE OF FUNDS.—Grants made under this section may be 

used for Federal share of the cost of projects and activities 

which are an integral part of such a program, such as— 

(A) * * * 

(B) teaching, research, curriculum development, faculty 

training in the United States or abroad, and other related 

activities, including— 

(i) * * * 

(ii) preservice and inservice øteacher training¿ 

teacher professional development; 

* * * * * * * 

(I) the provision of grants for educational programs 

abroad that are closely linked to the program’s overall 

goals and have the purpose of promoting foreign language 

fluency and knowledge of world regions, except that not 

more than 10 percent of a grant recipient’s funds may be 

used for this purpose; 

ø(I)¿ (J) the development of programs designed to integrate professional and technical education with foreign 

languages, area studies, and other international fields; 

ø(J)¿ (K) the establishment of linkages overseas with institutions of higher education and organizations that contribute to the educational programs assisted under this 

subsection; 

ø(K)¿ (L) the conduct of summer institutes in foreign 

area, foreign language, and other international fields to 

provide faculty and curriculum development, including the 

integration of professional and technical education with 

foreign area and other international studies, and to provide foreign area and other international knowledge or 


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620 

skills to government personnel or private sector professionals in international activities; 

ø(L)¿ (M) the development of partnerships between— 

(i) * * * 

(ii) the private sector, government, or øelementary 

and secondary education institutions¿ local educational agencies and public and private elementary 

and secondary education schools, 

in order to enhance international knowledge and skills; 

and 

ø(M)¿ (N) the use of innovative technology to increase 

access to international education programs. 

* * * * * * * 

(4) SPECIAL RULE.—The Secretary may waive or reduce the 

required non-Federal share for institutions that— 

(A) * * * 

(B) have submitted a grant application under this section that demonstrates a need for a waiver or reduction. 

(5) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to applications from institutions of 

higher education, øcombinations¿ consortia or partnerships 

that require entering students to have successfully completed 

at least 2 years of secondary school foreign language instruction or that require each graduating student to earn 2 years 

of postsecondary credit in a foreign language (or have demonstrated equivalent competence in the foreign language) or, in 

the case of a 2-year degree granting institution, offer 2 years 

of postsecondary credit in a foreign language. 

(6) GRANT CONDITIONS.—Grants under this subsection shall 

reflect the purposes of this part and be made on such conditions 

as the Secretary determines to be necessary to carry out this 

subsection. 

* * * * * * * 

(8) EVALUATION.—The Secretary ømay¿ shall establish requirements for program evaluations and require grant recipients to submit annual reports that evaluate the progress and 

performance of students participating in programs assisted 

under this subsection. 

* * * * * * * 

ø(c) FUNDING SUPPORT.—The Secretary may use not more than 

10 percent of the total amount appropriated for this part for carrying out the purposes of this section.¿ 

SEC. 605. RESEARCH; STUDIES; ANNUAL REPORT. 

(a) AUTHORIZED ACTIVITIES.—The Secretary may, directly or 

through grants or contracts, conduct research and studies that contribute to achieving the purposes of this part, including the systematic collection, analysis, and dissemination of data. Such research 

and studies may include— 

(1) * * * 

* * * * * * * 


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SEC. 606. TECHNOLOGICAL INNOVATION AND COOPERATION FOR 

FOREIGN INFORMATION ACCESS. 

(a) AUTHORITY.—The Secretary is authorized to make grants to 

institutions of higher education, public or nonprofit private libraries, øor consortia of such institutions or libraries¿ or partnerships 

between such institutions or libraries and nonprofit educational organizations including museums, to develop innovative techniques 

or programs using ønew¿ electronic technologies to collect, organize, preserve, and widely disseminate information from foreign 

sources on world regions and countries other than the United 

States that address our Nation’s teaching and research needs in 

international education and foreign languages. 

(b) AUTHORIZED ACTIVITIES.—Grants under this section may be 

used— 

(1) to acquire and facilitate access to or preserve foreign information resources in print or electronic forms; 

* * * * * * * 

(3) to develop ønew means of¿ new means and standards for 

shared electronic access to international data; 

* * * * * * * 

(6) to assist teachers of less commonly taught languages in 

acquiring, via electronic and other means, materials suitable 

for classroom use; øand¿ 

(7) to promote collaborative technology based projects in foreign languages, area studies, and international studies among 

grant recipients under this titleø.¿; 

(8) to establish linkages between grant recipients under subsection (a) with libraries, museums, organizations, or institutions of higher education located overseas to facilitate carrying 

out the purposes of this section; and 

(9) to carry out other activities deemed by the Secretary to be 

consistent with the purposes of this section. 

* * * * * * * 

(e) SPECIAL RULE.—The Secretary may waive or reduce the required non-Federal share 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. 

SEC. 607. SELECTION OF CERTAIN GRANT RECIPIENTS. 

(a) * * * 

(b) SELECTION CRITERIA.—The Secretary shall set criteria for 

grants awarded under section 602 by which a determination of excellence shall be made to meet the differing øobjectives¿ missions 

of graduate and undergraduate institutions. In keeping with the 

purposes of this part, the Secretary shall take into account the degree to which activities of centers, programs, and fellowships at institutions of higher education address national needs, generate and 

disseminate information, and foster debate on international issues. 

* * * * * * * 


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SEC. 608. EQUITABLE DISTRIBUTION OF CERTAIN FUNDS. 

(a) SELECTION CRITERIA.—The Secretary shall make excellence 

the criterion for selection of grants awarded under section 602. 

Grants made under section 602 shall also reflect the purposes of 

this part. 

* * * * * * * 

SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

$80,000,000 for fiscal year ø1999¿ 2009, and such sums as may be 

necessary for each of the 4 succeeding fiscal years. 

PART B—BUSINESS AND INTERNATIONAL 

EDUCATION PROGRAMS 

* * * * * * * 

SEC. 612. CENTERS FOR INTERNATIONAL BUSINESS EDUCATION. 

(a) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—The Secretary is authorized to make grants 

to institutions of higher education, or øcombinations¿ consortia 

of such institutions, to pay the Federal share of the cost of 

planning, establishing and operating centers for international 

business education which— 

(A) * * * 

* * * * * * * 

(C) will provide research and training in the international aspects of trade, commerce, manufacturing software systems, technology management, and other fields of 

study. 

* * * * * * * 

(c) AUTHORIZED ACTIVITIES.— (1) MANDATORY ACTIVITIES.—Programs and activities to be 

conducted by centers assisted under this section shall include— 

(A) * * * 

* * * * * * * 

(D) collaborative programs, activities, or research involving other institutions of higher education, local educational 

agencies, professional associations, businesses, firms, or 

øcombinations¿ consortia thereof, to promote the development of international skills, awareness, and expertise 

among current and prospective members of the business 

community and other professionals; 

(E) research designed to strengthen and improve the 

international aspects of business and professional education and to promote integrated curricula; and 

* * * * * * * 

(2) PERMISSIBLE ACTIVITIES.—Programs and activities to be 

conducted by centers assisted under this section may include— 

(A) * * * 

* * * * * * * 


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(E) outreach activities or consortia with business programs located at other institutions of higher education (including those that are eligible to receive assistance under 

part A or B of title III or under title V) for the purpose of 

providing expertise regarding the internationalization of 

such programs, such as assistance in research, curriculum 

development, faculty development, or educational exchange 

programs; øand¿ 

(F) programs encouraging the advancement and understanding of cultural, technological management, and manufacturing software systems practices between institutions 

of higher education in the United States and countries with 

existing partnerships with other countries, including those 

in Asian countries focused on this industry; and 

ø(F)¿ (G) other eligible activities prescribed by the Secretary. 

(d) ADVISORY COUNCIL.— (1) ESTABLISHMENT.—In order to be eligible for assistance 

under this section, an institution of higher education, or øcombination¿ consortium of such institutions, shall establish a center advisory council which will conduct extensive planning 

prior to the establishment of a center concerning the scope of 

the center’s activities and the design of its programs. 

(e) GRANT DURATION; FEDERAL SHARE.— (1) * * * 

* * * * * * * 

(5) SPECIAL RULE.—The Secretary may waive or reduce the 

required non-Federal share for institutions that— 

(A) are eligible to receive assistance under part A or B of 

title III or under title V; and 

(B) have submitted a grant application under this section 

that demonstrates a need for a waiver or reduction, as determined by the Secretary. 

(f) GRANT CONDITIONS.—Grants under this section shall be made 

on such conditions as the Secretary determines to be necessary to 

carry out the objectives of this section. Such conditions shall include— 

(1) evidence that the institution of higher education, or 

øcombination¿ consortium of such institutions, will conduct extensive planning prior to the establishment of a center concerning the scope of the center’s activities and the design of its 

programs in accordance with subsection (d)(1); 

* * * * * * * 

(4) assurance that the institution of higher education, or 

øcombination¿ consortium of such institutions, will use the assistance provided under this section to supplement and not to 

supplant activities conducted by institutions of higher education described in subsection (c)(1). 

SEC. 613. EDUCATION AND TRAINING PROGRAMS. 

(a) * * * 

* * * * * * * 

(e) SPECIAL RULE.—The Secretary may waive or reduce the required non-Federal share for institutions that— 


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(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. 614. AUTHORIZATION OF APPROPRIATIONS. 

(a) CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.—There 

are authorized to be appropriated $11,000,000 for the fiscal year 

ø1999¿ 2009 and such sums as may be necessary for each of the 

4 succeeding fiscal years to carry out the provisions of section 612. 

(b) EDUCATION AND TRAINING PROGRAMS.—There are authorized 

to be appropriated $7,000,000 for fiscal year ø1999¿ 2009, and such 

sums as may be necessary for the 4 succeeding fiscal years, to 

carry out the provisions of section 613. 

PART C—INSTITUTE FOR INTERNATIONAL 

PUBLIC POLICY 

SEC. 621. øMINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT PROGRAM¿ PROGRAM FOR FOREIGN SERVICE PROFESSIONALS. 

(a) ESTABLISHMENT.—The Secretary is authorized to award a 

grant, on a competitive basis, to an eligible recipient to enable such 

recipient to establish an Institute for International Public Policy 

(hereafter in this part referred to as the ‘‘Institute’’). øThe Institute 

shall conduct a program to significantly increase the numbers of 

African Americans and other underrepresented minorities in the 

international service, including private international voluntary organizations and the foreign service of the United States.¿ 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, the international 

commercial service, and the foreign service of the United States. 

Such program shall include a program for such students to study 

abroad in their junior year, fellowships for graduate study, internships, intensive academic programs such as summer institutes, or 

intensive language training. 

(b) DEFINITION OF ELIGIBLE RECIPIENT.— 

(1) IN GENERAL.—For the purpose of this part, the term ‘‘eligible recipient’’ means a consortium consisting of 1 or more of 

the following entities: 

ø(A) An institution eligible for assistance under part B 

of title III of this Act. 

ø(B) An institution of higher education which serves substantial numbers of African American or other underrepresented minority students.¿ 

(A) A Tribally Controlled College or University or Alaska 

Native or Native Hawaiian-serving institution eligible for 

assistance under title III, an institution eligible for assistance under part B of title III, or a Hispanic-serving institution eligible for assistance under title V. 


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(B) An institution of higher education which serves substantial numbers of underrepresented minority students. 

* * * * * * * 

SEC. 622. INSTITUTIONAL DEVELOPMENT. 

(a) IN GENERAL.—The Institute shall award grants, from 

amounts available to the Institute for each fiscal year, to historically Black colleges and universities, Hispanic-serving institutions, 

Tribally Controlled Colleges or Universities, and minority institutions, to enable such colleges, universities, and institutions to 

strengthen international affairs programs and promote collaboration with colleges and universities that receive funds under this 

title. 

* * * * * * * 

SEC. 623. STUDY ABROAD PROGRAM. 

(a) PROGRAM AUTHORITY.—The Institute shall conduct, by grant 

or contract, a junior year abroad program. The junior year abroad 

program shall be open to eligible students at institutions of higher 

education, including historically Black colleges and universities as 

defined in section 322 of this Act, tribally controlled Indian community colleges as defined in the Tribally Controlled Community College Assistance Act of 1978, Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions, and other institutions of higher education with significant minority student populations. Eligible student expenses shall be shared by the Institute 

and the institution at which the student is in attendance. Each student may spend not more than 9 months abroad in a program of 

academic study, as well as social, familial and political interactions 

designed to foster an understanding of and familiarity with the language, culture, economics and governance of the host country. 

* * * * * * * 

SEC. 624. øMASTERS¿ ADVANCED DEGREE IN INTERNATIONAL RELATIONS. 

The Institute shall provide, in cooperation with the other members participating in the eligible recipient consortium, a program of 

study leading to øa masters degree in international relations. The 

masters degree program designed by the consortia¿ an advanced 

degree in international relations, international affairs, international 

economics, or other academic areas related to the Institute fellow’s 

career objectives. The advanced degree study program shall be designed by the consortia, consistent with the fellow’s career objectives, 

and shall be reviewed and approved by the Secretary. The Institute 

may grant fellowships in an amount not to exceed the level of support comparable to that provided by the National Science Foundation graduate fellowships, except such amount shall be adjusted as 

necessary so as not to exceed the fellow’s demonstrated level of 

need according to measurement of need approved by the Secretary. 

A fellowship recipient shall agree to undertake full-time study and 

to enter the international service (including work with private 

international voluntary organizations) or foreign service of the 

United States. 


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SEC. 625. INTERNSHIPS. 

(a) IN GENERAL.—The Institute shall enter into agreements with 

historically Black colleges and universities as defined in section 

322 of this Act, tribally controlled Indian community colleges as defined in the Tribally Controlled Community College Assistance Act 

of 1978, Alaska Native-serving, Native Hawaiian-serving, and Hispanic-serving institutions, other institutions of higher education 

with significant numbers of minority students, and institutions of 

higher education with programs in training foreign service professionals, to provide academic year internships during the junior and 

senior year and summer internships following the sophomore and 

junior academic years, by work placements with an international 

voluntary or government organizations or agencies, including the 

Agency for International Development, the United States Information Agency, the International Monetary Fund, the National Security Council, the Organization of American States, the Export-Import Bank, the Overseas Private Investment Corporation, the Department of State, Office of the United States Trade Representative, the World Bank, and the United Nations. 

(b) POSTBACCALAUREATE INTERNSHIPS.—The Institute shall enter 

into agreements with institutions of higher education described in 

the first sentence of subsection (a) to conduct internships for students who have completed study for a baccalaureate degree. The 

internship program authorized by this subsection shall— 

(1) assist the students to prepare for a master’s degree program; 

(2) be carried out with the assistance of the Woodrow Wilson 

International Center for Scholars; and 

(3) contain work experience for the students designed to contribute to the students’ preparation for a master’s degree 

programø; and¿. 

ø(4) be assisted by the Interagency Committee on Minority 

Careers in International Affairs established under subsection 

(c).¿ 

ø(c) INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS.— 

ø(1) ESTABLISHMENT.—There is established in the executive 

branch of the Federal Government an Interagency Committee 

on Minority Careers in International Affairs composed of not 

less than 7 members, including— 

ø(A) the Under Secretary for Farm and Foreign Agricultural Services of the Department of Agriculture, or the 

Under Secretary’s designee; 

ø(B) the Assistant Secretary and Director General, of the 

United States and Foreign Commercial Service of the Department of Commerce, or the Assistant Secretary and Director General’s designee; 

ø(C) the Under Secretary of Defense for Personnel and 

Readiness of the Department of Defense, or the Under Secretary’s designee; 

ø(D) the Assistant Secretary for Postsecondary Education in the Department of Education, or the Assistant 

Secretary’s designee; 

ø(E) the Director General of the Foreign Service of the 

Department of State, or the Director General’s designee; 


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ø(F) the General Counsel of the Agency for International 

Development, or the General Counsel’s designee; and 

ø(G) the Associate Director for Educational and Cultural 

Affairs of the United States Information Agency, or the Associate Director’s designee. 

ø(2) FUNCTIONS.—The Interagency Committee established by 

this section shall— 

ø(A) on an annual basis inform the Secretary and the Institute regarding ways to advise students participating in 

the internship program assisted under this section with respect to goals for careers in international affairs; 

ø(B) locate for students potential internship opportunities in the Federal Government related to international affairs; and 

ø(C) promote policies in each department and agency 

participating in the Committee that are designed to carry 

out the objectives of this part.¿ 

(c) RALPH J. BUNCHE FELLOWS.—In order to assure the recognition and commitment of individuals from underrepresented student 

populations who demonstrate special interest in international affairs and language study, eligible students who participate in the 

internship programs authorized under subsections (a) and (b) shall 

be known as the Ralph J. Bunche Fellows. 

SEC. 626. REPORT. 

The Institute shall øannually prepare a report¿ prepare a report 

biennially on the activities of the Institute and shall submit such 

report to the Secretary of Education and the Secretary of State. 

* * * * * * * 

SEC. 628. AUTHORIZATION. 

There is authorized to be appropriated $10,000,000 for fiscal year 

ø1999¿ 2009 and such sums as may be necessary for each of the 

4 succeeding fiscal years to carry out this part. 

PART D—PREPARING FOR EARLY FOREIGN 

LANGUAGE INSTRUCTION 

SEC. 631. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION. 

(a) DEFINITIONS.—In this section: 

(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ 

means a partnership that— 

(A) shall include— 

(i) a foreign language department of an institution of 

higher education; and 

(ii) a local educational agency; and 

(B) may include— 

(i) another foreign language or teacher education department of an institution of higher education; 

(ii) another local educational agency, or an elementary or secondary school; 

(iii) a business; 

(iv) a nonprofit organization of demonstrated effectiveness, including a museum; 

(v) heritage or community centers for language study; 


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(vi) language resource centers; or 

(vii) the State foreign language coordinator or State 

educational agency. 

(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ has the meaning given the 

term in section 2102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6602). 

(3) ARTICULATED.—The term ‘‘articulated’’ means that each 

grade level of the foreign language program is designed to sequentially expand on the student achievement of the previous 

level with a goal toward achieving an established level of language proficiency. 

(b) PURPOSE.—The purpose of this section is to improve the performance of students in the study of foreign languages by encouraging States, institutions of higher education, elementary schools, 

and secondary schools to participate in programs that— 

(1) upgrade the status and stature of foreign language teaching by encouraging institutions of higher education to assume 

greater responsibility for improving foreign language teacher 

education through the establishment of a comprehensive, integrated system of recruiting and advising such teachers; 

(2) focus on education of foreign language teachers as a career-long process that should continuously stimulate teachers’ 

intellectual growth and upgrade teachers’ knowledge and skills; 

(3) bring foreign language teachers in elementary schools and 

secondary schools together with linguists or higher education 

foreign language professionals to increase the subject matter 

knowledge and improve the teaching skills of teachers through 

the use of more sophisticated resources that institutions of higher education are better able to provide than such schools; and 

(4) develop more rigorous foreign language curricula that 

contain— 

(A) professionally accepted standards for elementary and 

secondary education instruction; 

(B) standards expected for postsecondary study in foreign 

language; and 

(C) articulated foreign language programs from kindergarten through grade 12 that demonstrate increased competence and proficiency over time and grade. 

(c) GRANTS TO PARTNERSHIPS.— 

(1) IN GENERAL.—The Secretary may award grants, on a competitive basis, to eligible partnerships to enable the eligible partnerships to pay the Federal share of the costs of carrying out 

the authorized activities described in this section. 

(2) DURATION.—The Secretary shall award grants under this 

section for a period of 5 years. 

(3) FEDERAL SHARE.—The Federal share of the costs of the activities assisted under this section shall be— 

(A) 75 percent of the costs for the first year that an eligible partnership receives a grant payment under this section; 

(B) 65 percent of such costs for the second such year; and 

(C) 50 percent of such costs for each of the third, fourth, 

and fifth such years. 


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(4) NON-FEDERAL SHARE.—The non-Federal share of the costs 

of carrying out the authorized activities described in this section 

may be provided in cash or in kind, fairly evaluated. 

(5) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to eligible partnerships— 

(A) that include high-need local educational agencies; or 

(B) that emphasize the teaching of commonly taught and 

critical foreign languages in an articulated program that 

demonstrates increased competency and proficiency over 

grade and time. 

(d) APPLICATIONS.— 

(1) IN GENERAL.—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. 

(2) CONTENTS.—An application under paragraph (1) shall include— 

(A) an assessment of the teacher quality and professional 

development needs of all the schools and agencies participating in the eligible partnership with respect to the teaching and learning of foreign languages; 

(B) a description of how the activities to be carried out 

by the eligible partnership will be based on a review of relevant research, and an explanation of why the activities are 

expected to improve student performance and to strengthen 

the quality of foreign language instruction; and 

(C) a description of— 

(i) how the eligible partnership will carry out the authorized activities described in subsection (e); and 

(ii) the eligible partnership’s evaluation and accountability plan as described in subsection (f). 

(e) AUTHORIZED ACTIVITIES.—An eligible partnership shall use the 

grant funds provided under this section for 1 or more of the following activities related to elementary schools or secondary schools: 

(1) Creating opportunities for enhanced and ongoing professional development that improves the subject matter knowledge 

of foreign language teachers. 

(2) Recruiting university students with foreign language majors for teaching. 

(3) Promoting strong teaching skills for foreign language 

teachers and teacher educators. 

(4) Establishing foreign language summer workshops or institutes (including follow-up) for teachers. 

(5) Establishing distance learning programs for foreign language teachers. 

(6) Designing programs to prepare a teacher at a school to 

provide professional development to other teachers at the school 

and to assist novice teachers at such school, including (if applicable) a mechanism to integrate experiences from a summer 

workshop or institute. 

(7) Developing instruction materials. 

(f) EVALUATION AND ACCOUNTABILITY PLAN.—Each eligible partnership receiving a grant under this section shall develop an evaluation and accountability plan for activities assisted under this secVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00631 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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tion that includes strong performance objectives. The plan shall include objectives and measures for— 

(1) increased participation by students in advanced courses in 

foreign language; 

(2) increased percentages of secondary school classes in foreign language taught by teachers with academic majors in foreign language; and 

(3) increased numbers of foreign language teachers who participate in content-based professional development activities. 

(g) REPORT.—Each eligible partnership receiving a grant under 

this section shall annually report to the Secretary regarding the eligible partnership’s progress in meeting the performance objectives 

described in subsection (f). 

(h) TERMINATION.—If the Secretary determines that an eligible 

partnership is not making substantial progress in meeting the performance objectives described in subsection (f) by the end of the 

third year of a grant under this section, the grant payments shall 

not be made for the fourth and fifth years of the grant. 

(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 for each of the 4 succeeding fiscal 

years. 

PART øD¿ E—GENERAL PROVISIONS 

SEC. ø631.¿ 641. DEFINITIONS. 

(a) * * * 

* * * * * * * 

SEC. 642. EVALUATION, OUTREACH, AND DISSEMINATION. 

The Secretary may use not more than one percent of the funds 

made available for this title for program evaluation, national outreach, and information dissemination activities. 

SEC. 643. STUDENT SAFETY. 

Applicants seeking funds under this title to support student travel 

and study abroad shall submit as part of their grant application a 

description of safety policies and procedures for students participating in the program while abroad. 

SEC. 644. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE 

EDUCATION GRANT PROGRAM. 

(a) PURPOSE.—It is the purpose of this section to support programs in colleges and universities that— 

(1) encourage students to develop— 

(A) an understanding of science and technology; and 

(B) foreign language proficiency; and 

(2) foster future international scientific collaboration. 

(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. 

(c) REGULATIONS AND REQUIREMENTS.—The Secretary shall promulgate regulations for the awarding of grants under subsection (b). 

Such regulations shall require institutions of higher education to 

use grant funds for, among other things— 


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631 

(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; 

and 

(3) other programs, such as summer workshops, that emphasize the intense study of a foreign language and science technology. 

(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) SCIENCE.—In this section, the term ‘‘science’’ means any of the 

natural and physical sciences including chemistry, biology, physics, 

and computer science. Such term does not include any of the social 

sciences. 

(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. 645. 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 cash, or the fair market value, or both, of 

the contributions received from a foreign government or private 

sector corporation, foundation, or any other entity or individual 

(excluding domestic government entities) during any fiscal year 

exceeds $1,000,000 in the aggregate; and 

(2) the aggregate contribution is intended for use directly or 

indirectly by a center or program receiving funds under this 

title. 

(b) DATA REQUIRED.—The Secretary shall require of each institution to which this paragraph applies under subsection (a), as part 

of the Integrated Postsecondary Education Data System (IPEDS) 

annual data collection, that such institution report the following 

data: 

(1) The names and addresses of any foreign government or 

private sector corporation, foundation, or any other entity or individual that contributed such amount of cash or such fair 

market value of other property as described in subsection (a)(1). 

(2) The amount of such cash or the fair market value of such 

property. 

(c) EXEMPTION FROM REPORTING.—The Secretary may, at the request of the donor, exempt domestic donors who make anonymous 

donations from the institutional reporting requirement of subsection 

(b)(1) to preserve the anonymity of their contribution. The data of 

institutions shall identify such donors as ‘‘anonymous’’. This exemption does not apply to non-domestic donations. 


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(d) DEADLINE.—Any report under subsection (b) shall be made no 

later than such date as the Secretary shall require. 

(e) CONSEQUENCES OF FAILURE TO REPORT.—In the case of any 

institution from which a report is requested under subsection (b), if 

the Secretary does not receive a report in accordance with the deadline established under subsection (d), the Secretary shall— 

(1) make a determination that the institution of higher education has failed to make the report required by this paragraph; 

(2) transmit a notice of the determination to Congress; and 

(3) publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the 

institution of higher education for contracts and grants under 

this title. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS 

* * * * * * * 

PART A—GRADUATE EDUCATION PROGRAMS 

Subpart 1—Jacob K. Javits Fellowship Program 

SEC. 701. AWARD OF JACOB K. JAVITS FELLOWSHIPS. 

(a) AUTHORITY AND TIMING OF AWARDS.—The Secretary is authorized to award fellowships in accordance with the provisions of 

this subpart for graduate study in the arts, humanities, and social 

sciences by students of superior ability selected on the basis of 

demonstrated achievement, financial need, and exceptional promise. The fellowships shall be awarded to students who are eligible 

to receive any grant, loan, or work assistance pursuant to section 

484 and intend to pursue a doctoral degree, except that fellowships 

may be granted to students pursuing a master’s degree in those 

fields in which the master’s degree is the terminal highest degree 

awarded in the area of study. For purposes of the exception in the 

preceding sentence, a master’s degree in fine arts shall be considered 

a terminal degree. All funds appropriated in a fiscal year shall be 

obligated and expended to the students for fellowships for use in 

the academic year beginning after July 1 of the fiscal year following the fiscal year for which the funds were appropriated. The 

fellowships shall be awarded for only 1 academic year of study and 

shall be renewable for a period not to exceed 4 years of study. 

* * * * * * * 

(c) INTERRUPTIONS OF STUDY.—The institution of higher education may allow a fellowship recipient to interrupt periods of 

study for a period not to exceed 12 months for the purpose of work, 

travel, or independent study away from the campus, if such independent study is supportive of the fellowship recipient’s academic 

program and shall continue payments for those 12-month periods 

during which the student is pursuing travel or independent study 

supportive of the recipient’s academic program. In the case of other 

exceptional circumstances, such as active duty military service or 

personal or family member illness, the institution of higher eduVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00634 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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cation may also permit the fellowship recipient to interrupt periods 

of study for the duration of the tour of duty (in the case of military 

service) or not more than 12 months (in any other case), but without 

payment of the stipend. 

* * * * * * * 

SEC. 702. ALLOCATION OF FELLOWSHIPS. 

(a) FELLOWSHIP BOARD.— (1) APPOINTMENT.—The Secretary shall appoint a Jacob K. 

Javits Fellows Program Fellowship Board (hereinafter in this 

subpart referred to as the ‘‘Board’’) consisting of 9 individuals 

representative of both public and private institutions of higher 

education from diverse geographic regions who are especially 

qualified to serve on the Board. In making appointments, the 

Secretary shall give due consideration to the appointment of 

individuals who are highly respected in the academic community. The Secretary shall assure that individuals appointed to 

the Board are broadly representative of a range of disciplines 

in graduate education in arts, humanities, and social sciences. 

The Secretary shall also assure that at least one representative 

appointed to the Board represents an institution that is eligible 

for a grant under title III or V of this Act. 

* * * * * * * 

SEC. 703. STIPENDS. 

(a) AWARD BY SECRETARY.—The Secretary shall pay to individuals awarded fellowships under this subpart such stipends as the 

Secretary may establish, reflecting the purpose of this program to 

encourage highly talented students to undertake graduate study as 

described in this subpart. In the case of an individual who receives 

such individual’s first stipend under this subpart in academic year 

ø1999–2000¿ 2009–2010 or any succeeding academic year, such stipend shall be set at a level of support equal to that provided by 

the National Science øFoundation graduate fellowships¿ Foundation Graduate Research Fellowship Program on February 1 of such 

academic year, except such amount shall be adjusted as necessary 

so as not to exceed the fellow’s demonstrated level of need determined in accordance with part F of title IV. 

(b) INSTITUTIONAL PAYMENTS.— (1) IN GENERAL.—ø(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 1999–2000 and succeeding academic years, 

the same amount as the institutional payment made for 1998– 

1999 under section 933(b) (as such section was in effect on the 

day before the date of enactment of the Higher Education 

Amendments of 1998) adjusted for 1999–2000 and annually 

thereafter in accordance with inflation as determined by the 

Department of Labor’s Consumer Price Index for the previous 

calendar year.¿ (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 allowVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00635 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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ance. 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 All Urban Consumers for the previous calendar year. 

* * * * * * * 

SEC. 705. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated $30,000,000 for fiscal 

year ø1999¿ 2009 and such sums as may be necessary for each of 

the 4 succeeding fiscal years to carry out this subpart. 

Subpart 2—Graduate Assistance in Areas of 

National Need 

* * * * * * * 

SEC. 712. INSTITUTIONAL ELIGIBILITY. 

(a) * * * 

ø(b) DESIGNATION OF AREAS OF NATIONAL NEED.—After consultation with appropriate Federal and nonprofit agencies and organizations, the Secretary shall designate areas of national need. In making such designations, the Secretary shall take into account the extent to which the interest in the area is compelling, the extent to 

which other Federal programs support postbaccalaureate study in 

the area concerned, and an assessment of how the program could 

achieve the most significant impact with available resources.¿ 

(b) DESIGNATION OF AREAS OF NATIONAL NEED.—After consultation with appropriate Federal and nonprofit agencies and organizations, including the National Science Foundation, the Department 

of Defense, the Department of Homeland Security, the National 

Academy of Sciences, and the Bureau of Labor Statistics, the Secretary shall designate areas of national need. In making such designations, the Secretary shall take into consideration— 

(1) the extent to which the interest in the area is compelling; 

(2) the extent to which other Federal programs support 

postbaccalaureate study in the area concerned; 

(3) an assessment of how the program may achieve the most 

significant impact with available resources; 

(4) an assessment of current and future professional workforce needs of the United States; and 

(5) the priority described in subsection (c). 

(c) PRIORITY.—The Secretary shall establish a priority for grants 

in order to prepare individuals for the professorate who will train 

highly qualified elementary and secondary mathematics and science 

teachers, special education teachers, and teachers who provide instruction for limited English proficient individuals. Such grants 

shall offer program assistance and graduate fellowships for— 

(1) post baccalaureate study related to teacher preparation 

and pedagogy in mathematics and science for students who 

have completed a master’s degree or are pursuing a doctorate 

of philosophy in mathematics or science; 


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(2) post baccalaureate study related to teacher preparation 

and pedagogy in special education and English language acquisition and academic proficiency for limited English proficient 

individuals; and 

(3) support of dissertation research in the fields of mathematics, science, special education, or second language pedagogy 

and second language acquisition. 

SEC. 713. CRITERIA FOR APPLICATIONS. 

(a) * * * 

(b) CONTENTS OF APPLICATIONS.—An academic department, program or unit of an institution of higher education, in the department, program or unit’s application for a grant, shall— 

(1) * * * 

* * * * * * * 

(9) provide assurances that the academic department will 

provide at least 1 year of supervised training in instruction for 

students; øand¿ 

(10) in the case of an application from a department, program, or unit in education or teacher preparation, provide assurances that such department, program, or unit will collaborate with departments, programs, or units in all content areas 

to ensure a successful combination of training in both teaching 

and such content; and 

ø(10)¿ (11) include such other information as the Secretary 

may prescribe. 

SEC. 714. AWARDS TO GRADUATE STUDENTS. 

(a) * * * 

(b) AMOUNT OF STIPENDS.—The Secretary shall make payments 

to institutions of higher education for the purpose of paying stipends to individuals who are awarded fellowships under this subpart. The stipends the Secretary establishes shall reflect the purpose of the program under this subpart to encourage highly talented students to undertake graduate study as described in this 

subpart. In the case of an individual who receives such individual’s 

first stipend under this subpart in academic year ø1999–2000¿ 

2009–2010 or any succeeding academic year, such stipend shall be 

set at a level of support equal to that provided by the National 

Science øFoundation graduate fellowships¿ Foundation Graduate 

Research Fellowship Program on February 1 of such academic year, 

except such amount shall be adjusted as necessary so as not to exceed the fellow’s demonstrated level of need as determined under 

part F of title IV. 

(c) TREATMENT OF INSTITUTIONAL PAYMENTS.—An institution of 

higher education that makes institutional payments for tuition and 

fees on behalf of individuals supported by fellowships under this 

subpart in amounts that exceed the institutional payments made 

by the Secretary pursuant to øsection 716(a)¿ section 715(a) may 

count such excess toward the amounts the institution is required 

to provide pursuant to øsection 714(b)(2)¿ section 713(b)(2). 

* * * * * * * 

SEC. 715. ADDITIONAL ASSISTANCE FOR COST OF EDUCATION. 

(a) INSTITUTIONAL PAYMENTS.— 


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(1) IN GENERAL.—The Secretary shall (in addition to stipends 

paid to individuals under this subpart) pay to the institution 

of higher education, for each individual awarded a fellowship 

under this subpart at such institution, an institutional allowance. Except as provided in paragraph (2), such allowance shall 

be, for ø1999–2000¿ 2009–2010 and succeeding academic years, 

the same amount as the institutional payment made for 

ø1998–1999¿–2008–2009 adjusted annually thereafter in accordance with inflation as determined by the Department of 

Labor’s Consumer Price Index for All Urban Consumers for the 

previous calendar year. 

* * * * * * * 

SEC. 716. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated $35,000,000 for fiscal 

year ø1999¿ 2009 and such sums as may be necessary for each of 

the 4 succeeding fiscal years to carry out this subpart. 

Subpart 3—Thurgood Marshall Legal Educational 

Opportunity Program 

SEC. 721. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. 

(a) PROGRAM AUTHORITY.—The Secretary shall carry out a program to be known as the ‘‘Thurgood Marshall Legal Educational 

Opportunity Program’’ designed to provide low-income, minority, or 

disadvantaged middle and high school college students with the information, preparation, and financial assistance to gain access to 

and complete law school studyø.¿ and admission to law practice. 

(b) ELIGIBILITY.—A middle and high school or college student is 

eligible for assistance under this section if the student is— 

(1) * * * 

* * * * * * * 

(c) CONTRACT OR GRANT AUTHORIZED.—The Secretary is authorized to enter into a contract with, or make a grant to, the Council 

on Legal Education Opportunity, for a period of not less than 5 

years— 

(1) to identify middle and high school students college students who are from low-income families, are minorities, or are 

from disadvantaged backgrounds described in subsection (b)(3); 

ø(2) to prepare such students for study at accredited law 

schools;¿ 

(2) to prepare such students for study at accredited law 

schools and assist them with the development of analytical 

skills and study methods to enhance their success and promote 

completion of law school; 

* * * * * * * 

(4) to provide support services to such students who are firstyear law students to improve retention and success in law 

school studies; øand¿ 

(5) to motivate and prepare such students with respect to 

law school studies and practice in low-income communitiesø.¿; 

and 

(6) to award Thurgood Marshall Fellowships to eligible law 

school students— 


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(A) who participated in summer institutes authorized by 

subsection (d) and who are enrolled in an accredited law 

school; or 

(B) who are eligible law school students who have successfully completed a comparable summer institute program certified by the Council on Legal Educational Opportunity. 

(d) SERVICES PROVIDED.—In carrying out the purposes described 

in subsection (c), the contract or grant shall provide for the delivery 

of services through prelaw information resource centers, summer 

institutes, midyear seminars, and other educational activities, conducted under this section. Such services may include— 

(1) information and counseling regarding— 

(A) * * * 

* * * * * * * 

(D) undergraduate preparatory courses in analytical 

skills and study methods and curriculum selection; 

* * * * * * * 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section $5,000,000 for fiscal year 

ø1999¿ 2009 and each of the 4 succeeding fiscal years. 

Subpart 4—Patsy T. Mink Fellowship Program 

SEC. 722. PATSY T. MINK FELLOWSHIPS. 

(a) PURPOSE; DESIGNATION.— (1) PURPOSE.—It is the purpose of this subpart to provide a 

program of fellowship awards to assist highly qualified minorities and women to acquire the terminal master’s degree or the 

doctorate degree in academic areas in which such individuals 

are underrepresented for the purpose of entering the higher education professoriate. 

(2) ELIGIBLE INSTITUTIONS.—For purposes of this subpart, the 

term ‘‘eligible institution’’ means an institution of higher education, or a consortium of such institutions, that offers a program of post baccalaureate study leading to a graduate degree. 

(3) DESIGNATION.—Each recipient of a fellowship award from 

an institution receiving a grant under this subpart shall be 

known as a Patsy T. Mink Graduate Fellow. 

(b) PROGRAM AUTHORIZED.— 

(1) GRANTS BY SECRETARY.— 

(A) IN GENERAL.—From funds made available under subsection (e), the Secretary shall make grants to eligible institutions of higher education to enable such institutions to 

make fellowship awards to qualified students in accordance 

with the provisions of this subpart. 

(B) PRIORITY CONSIDERATION.—In making grant awards 

under this subpart, the Secretary shall consider the applicant institution’s prior experience in producing doctorates 

and terminal master’s degree holders who are minorities 

and females, and shall give priority consideration in making grants under this subpart to those institutions with a 

demonstrated record of producing minorities and women 

who have earned such degrees. 


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(2) DISTRIBUTION AND AMOUNTS OF GRANTS.— (A) EQUITABLE DISTRIBUTION.—In making such grants 

the Secretary shall, to the maximum extent feasible, ensure 

an equitable geographic distribution of awards and an equitable distribution among eligible public and private institutions of higher education that apply for grants under this 

subpart and that demonstrate the ability to achieve the 

purpose of this subpart. 

(B) SPECIAL RULE.—To the maximum extent practical, 

the Secretary shall award at least 50 percent of the amount 

appropriated under this subpart to institutions of higher 

education eligible for assistance under titles III and V, or 

to consortia composed of otherwise eligible institutions of 

higher education and such minority-serving institutions. 

(2) DISTRIBUTION AND AMOUNTS OF GRANTS.— (A) EQUITABLE DISTRIBUTION.—In making such grants 

the Secretary shall, to the maximum extent feasible, ensure 

an equitable geographic distribution of awards and an equitable distribution among eligible public and private institutions of higher education that apply for grants under this 

subpart and that demonstrate the ability to achieve the 

purpose of this subpart. 

(B) SPECIAL RULE.—To the maximum extent practical, 

the Secretary shall award at least 50 percent of the amount 

appropriated under this subpart to institutions of higher 

education eligible for assistance under titles III and V, or 

to consortia composed of otherwise eligible institutions of 

higher education and such minority-serving institutions. 

(C) ALLOCATION.—In making such grants the Secretary 

shall, consistent with subparagraphs (A) and (B), allocate 

appropriated funds to those institutions whose applications 

indicate the 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 subpart. No grant made 

under this subpart shall support fewer than fifteen degree 

candidates consistent with subsection (d)(2). 

(D) REALLOTMENT.—Whenever the Secretary determines 

that an institution of higher education is unable to utilize 

all of the amounts made available to it under this subpart, 

the Secretary shall, on such dates during the fiscal year as 

the Secretary may determine, reallocate such unused 

amounts to institutions which demonstrate that they can 

use any reallocated grant funds to make fellowship awards 

to qualified individuals under this subpart. 

(c) APPLICATIONS.— 

(1) APPLICATIONS REQUIRED.—Any eligible institution of higher education offering a program of post baccalaureate study 

leading to a graduate degree that meets the purpose of this subpart may apply for a grant. Each such institution, or consortium of eligible institutions (including those institutions specified in subsection (b)(2)(B)) may make an application to the 

Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. 


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(2) SELECTION OF APPLICATIONS.—In selecting applications 

for the making grants to institutions of higher education, the 

Secretary shall— 

(A) take into account the number and distribution of minority and female faculty nationally, as well as the current 

and projected need for highly trained individuals— 

(i) in all areas of the higher education professoriate; 

and 

(ii) in academic career fields in which minorities and 

women are underrepresented in the higher education 

professoriate; and 

(B) consider the need to prepare a larger 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 faculties. 

(d) FELLOWSHIP TERMS AND CONDITIONS.— (1) SELECTION OF FELLOWS.— (A) ELIGIBLE APPLICANTS.—The Secretary shall assure 

that, in awarding fellowships from funds made available 

under this subpart, grantee institutions make fellowship 

awards to individuals who plan to pursue a career in instruction at any institution of higher education that is eligible to participate in title IV programs. 

(B) ACADEMIC PROGRESS.—Notwithstanding subparagraph (A), no otherwise eligible student selected for support 

shall receive a fellowship award— 

(i) during periods in which such student is enrolled, 

unless such student is maintaining satisfactory academic progress in, and devoting full-time to, study or 

research in the pursuit of the degree for which the fellowship support was awarded; or 

(ii) if the student 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 student’s progress toward the appropriate degree. 

(2) SERVICE REQUIREMENT.— (A) TEACHING REQUIRED.—Each Patsy T. Mink Graduate 

Fellow who earns the doctoral or terminal master’s degree 

with assistance provided under this subpart shall teach at 

an eligible institution for one year for each year of fellowship assistance received under this subpart. 

(B) INSTITUTIONAL OBLIGATION.—Each institution which 

receives an award from the Secretary under this subpart 

shall provide an assurance that it has inquired of and determined the fellowship recipient’s decision to, within 3 

years of receiving the doctorate or terminal master’s degree, 

begin employment at an eligible institution of higher education as required by this subpart. 

(C) AGREEMENT REQUIRED.—Prior to receiving the initial 

fellowship award, and upon the annual renewal of the fellowship award, a fellow shall sign an agreement with the 

Secretary memorializing this commitment to enter the professoriate. 


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(D) CONSEQUENCES OF FAILURE.—If a fellowship recipient fails to honor the service requirement of this subsection, 

the Secretary shall— 

(i) require the individual to repay all or the applicable portion of the total fellowship amount awarded to 

the individual by converting the balance due to a loan 

at the interest rate applicable to loans made under part 

B of title IV; or 

(ii) require the individual to pay an amount determined by the Secretary to be appropriate, except as provided in subparagraph (E). 

(E) MODIFIED SERVICE REQUIREMENT.—The Secretary 

may waive or modify the service requirement of this paragraph based on regulations, promulgated pursuant to and 

consistent with criteria which determine the circumstances 

under which compliance with the service obligation by the 

fellowship recipient would be inequitable and represent a 

substantial hardship. The Secretary may waive the service 

requirement if— 

(i) compliance by the fellowship recipient would be 

deemed impossible because the individual is permanently and totally disabled at the time of the waiver request; or 

(ii) compliance by the fellowship recipient is based on 

documentation presented to the Secretary of substantial 

economic or personal hardship, as determined in accordance with regulations prescribed by the Secretary. 

(3) AMOUNT OF FELLOWSHIP AWARDS.— (A) IN GENERAL.—From the grants made pursuant to this 

subpart, eligible institutions shall award stipends to individuals who are awarded fellowships under this subpart. 

Such stipends shall reflect the purpose of the program authorized by this subpart to encourage highly qualified minorities and women to pursue graduate study for the purpose of entering the higher education professoriate. 

(B) AWARDS BASED ON NEED.—Stipends 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 fellow’s demonstrated need as determined by the 

institution of higher education where the graduate student 

is enrolled. 

(4) INSTITUTIONAL PAYMENTS.— 

(A) IN GENERAL.—The Secretary shall, in addition to the 

amounts made available to institutions for stipends to individuals under this subpart, pay to grantee institutions of 

higher education, for each individual awarded a fellowship 

under this subpart at such institution, an institutional allowance. Except as provided for in subparagraph (C), such 

allowance shall be, for academic year 2009–2010 and succeeding academic years, the same as the institutional payment made for that year under the Graduate Assistance in 

Areas of National Need program in subpart 2 of part A, 

and shall be adjusted annually thereafter in accordance 

with inflation as determined by the Department of Labor’s 


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Consumer Price Index for All Urban Consumers for the previous calendar year. 

(B) USE OF FUNDS.—Institutional payments may be expended at the discretion of the institution, except that such 

funds shall be used to provide academic support and career 

transition services for participating fellows. 

(C) REDUCTION.—The institutional allowance paid under 

subparagraph (A) shall be reduced by the amount the institution charges and collects from a fellowship recipient for 

tuition and other expenses as part of the institution’s instructional program. 

(D) USE FOR OVERHEAD PROHIBITED.—Funds made available pursuant to this subpart may not be used for general 

operational overhead of the academic department or institution receiving such funds. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

appropriated to carry out this subpart such sums as may be necessary for fiscal year 2009 and for each of the 4 succeeding fiscal 

years. 

Subpart ø4¿ 5—General Provisions 

SEC. 731. ADMINISTRATIVE PROVISIONS FOR øSUBPARTS 1, 2, AND 3¿ 

SUBPARTS 1 THROUGH 4. 

(a) COORDINATED ADMINISTRATION.—In carrying out the purpose 

described in section 700(1), the Secretary shall provide for coordinated administration and regulation of graduate programs assisted 

under øsubparts 1, 2, and 3¿ subparts 1 through 4 with other Federal programs providing assistance for graduate education in order 

to minimize duplication and improve efficiency to ensure that the 

programs are carried out in a manner most compatible with academic practices and with the standard timetables for applications 

for, and notifications of acceptance to, graduate programs. 

(b) HIRING AUTHORITY.—For purposes of carrying out øsubparts 

1, 2, and 3¿ subparts 1 through 4, the Secretary shall appoint, 

without regard to the provisions of title 5, United States Code, that 

govern appointments in the competitive service, such administrative and technical employees, with the appropriate educational 

background, as shall be needed to assist in the administration of 

such parts. The employees shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title 

relating to classification and General Schedule pay rates. 

* * * * * * * 

(d) EVALUATION.—The Secretary shall evaluate the success of assistance provided to individuals under øsubpart 1, 2, or 3¿ subpart 

1, 2, 3, or 4 with respect to graduating from their degree programs, 

and placement in faculty and professional positions. 

ø(e) CONTINUATION AWARDS.—The Secretary, using funds appropriated to carry out subparts 1 and 2, and before awarding any assistance under such parts to a recipient that did not receive assistance under part C or D of title IX (as such parts were in effect 

prior to the date of enactment of the Higher Education Amendments of 1998) shall continue to provide funding to recipients of asVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00643 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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sistance under such part C or D (as so in effect), as the case may 

be, pursuant to any multiyear award of such assistance.¿ 

PART B—FUND FOR THE IMPROVEMENT OF 

POSTSECONDARY EDUCATION 

SEC. 741. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION. 

(a) AUTHORITY.—The Secretary is authorized to make grants to, 

or enter into contracts with, institutions of higher education, combinations of such institutions, and other public and private nonprofit institutions and agencies, to enable such institutions, combinations, and agencies to improve postsecondary education opportunities by— 

ø(1) encouraging the reform, innovation, and improvement of 

postsecondary education, and providing equal educational opportunity for all;¿ 

(1) the encouragement of the reform and improvement of, and 

innovation in, postsecondary education and the provision of 

educational opportunity for all, especially for the non-traditional student populations; 

(2) the creation of institutions, programs, and joint efforts involving paths to career and professional training, and combinations of academic and experiential learning for postsecondary 

students, especially institutions, programs, and joint efforts that 

provide academic credit for programs; 

ø(3) the establishment of institutions and programs based on 

the technology of communications;¿ 

(3) the establishment of institutions and programs based on 

the technology of communications, including delivery by distance education; 

* * * * * * * 

ø(6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering institutions and pursuing programs of study tailored to individual 

needs;¿ 

(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; 

(7) the introduction of reforms in graduate education, in the 

structure of academic professions, and in the recruitment and 

retention of faculties; øand¿ 

(8) the creation of new institutions and programs for examining and awarding credentials to individuals, and the introduction of reforms in current institutional practices related 

theretoø.¿; 

(9) the assessment, in partnership with a public or private 

nonprofit institution or agency, of the performance of teacher 

preparation programs within institutions of higher education in 

a State, using an assessment which provides comparisons 

across such institutions within the State based upon indicators 

including teacher candidate knowledge in subject areas in 

which such candidate has been prepared to teach; 


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(10) the support of efforts to establish pilot programs and initiatives to help college campuses reduce illegal downloading of 

copyrighted content, in order to improve the security and integrity of campus computer networks and save bandwidth costs; 

(11) the support of increased fire safety in student housing— 

(A) by establishing a demonstration incentive program 

for qualified student housing in institutions of higher education; 

(B) by making grants for the purpose of installing fire 

alarm detection, prevention, and protection technologies in 

student housing, dormitories, and other buildings controlled by such entities; and 

(C) by requiring, as a condition of such grants— 

(i) that such technologies be installed professionally 

to technical standards of the National Fire Protection 

Association; and 

(ii) that the recipient shall provide non-Federal 

matching funds in an amount equal to the amount of 

the grant; 

(12) the assessment, in partnership with a consortium of 

higher education organizations, of the feasibility and potential 

design of an inter-institution monitoring organization on gender 

and racial equality in campus faculty and administration; 

(13) the provision of support and assistance to partnerships 

between institutions of higher education and secondary schools 

with at least 10 percent of their enrollment assessed as late-entering limited English proficient students to establish programs 

that result in increased secondary school graduation rates of 

limited English proficient students and that increase the number of eligible late-entering limited English proficient students 

who pursue postsecondary education opportunities; 

(14) 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 

until the age of 18, 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; 

(15) the support of efforts to work with organizations that are 

exempt from taxation under section 501(c)(3) of the Internal 

Revenue Code of 1986 and institutions of higher education 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; 

and 

(16) the creation of consortia that join diverse institutions of 

higher education to design and offer curricular and co-curricular interdisciplinary programs at the undergraduate and 

graduate levels, sustained for not less than a 5 year period, 

that— 

(A) focus on poverty and human capability; and 

(B) include— 

(i) a service-learning component; and 

(ii) the delivery of educational services through informational resource centers, summer institutes, mid-year 


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seminars, and other educational activities that stress 

the effects of poverty and how poverty can be alleviated 

through different career paths. 

* * * * * * * 

(c) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VETERANS

OR MEMBERS OF THE MILITARY.— (1) AUTHORIZATION.—The Secretary shall contract with a 

nonprofit organization with demonstrated experience in carrying out the activities described in this subsection to carry out 

a program to provide postsecondary education scholarships for 

eligible students. 

(2) ELIGIBLE STUDENTS.—In this subsection, the term ‘‘eligible 

student’’ means an individual who is— 

(A)(i) a dependent student who is a child of— 

(I) an individual who is— 

(aa) serving on active duty during a war or other 

military operation or national emergency (as defined in section 481); or 

(bb) performing qualifying National Guard duty 

during a war or other military operation or national emergency (as defined in section 481); or 

(II) a veteran who died while serving or performing, 

as described in subclause (I), since September 11, 2001, 

or has been disabled while serving or performing, as 

described in subclause (I), as a result of such event; or 

(ii) an independent student who— 

(I) is a spouse of an individual who is— 

(aa) serving on active duty during a war or other 

military operation or national emergency (as defined in section 481); or 

(bb) performing qualifying National Guard duty 

during a war or other military operation or national emergency (as defined in section 481); or 

(II) was (at the time of the death of the veteran) a 

spouse of a veteran who died while serving or performing, as described in subclause (I), since September 

11, 2001, or has been disabled while serving or performing, as described in subclause (I), as a result of 

such event; and 

(B) enrolled as a full-time or part-time student at an institution of higher education (as defined in section 102). 

(3) AWARDING OF SCHOLARSHIPS.—Scholarships awarded 

under this subsection shall be awarded based on need with priority given to eligible students who are eligible to receive Federal Pell Grants under subpart 1 of part A of title IV. 

(4) MAXIMUM SCHOLARSHIP AMOUNT.—The maximum scholarship amount awarded to an eligible student under this subsection for an academic year shall be the lesser of— 

(A) the difference between the eligible student’s cost of attendance (as defined in section 472) and any non-loan 

based aid such student receives; or 

(B) $5,000. 

(5) AMOUNTS FOR SCHOLARSHIPS.—All of the amounts appropriated to carry out this subsection for a fiscal year shall be 

used for scholarships awarded under this subsection, except 


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that a nonprofit organization receiving a contract under this 

subsection may use not more than 1 percent of such amounts 

for the administrative costs of the contract. 

(d) CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT

STUDENTS.— (1) PROGRAM AUTHORIZED.—The Secretary is authorized to 

award 1 grant or contract to an institution of higher education 

to enable such institution to establish and maintain a center to 

study and develop best practices for institutions of higher education to support single parents who are also students attending 

such institutions. 

(2) INSTITUTION REQUIREMENTS.—The Secretary shall award 

the grant or contract under this subsection to a 4-year institution of higher education that has demonstrated expertise in the 

development of programs to assist single parents who are students at institutions of higher education, as shown by the institution’s development of a variety of targeted services to such 

students, including on-campus housing, child care, counseling, 

advising, internship opportunities, financial aid, and financial 

aid counseling and assistance. 

(3) CENTER ACTIVITIES.—The center funded under this section 

shall— 

(A) assist institutions implementing innovative programs 

that support single parents pursuing higher education; 

(B) study and develop an evaluation protocol for such 

programs that includes quantitative and qualitative methodologies; 

(C) provide appropriate technical assistance regarding 

the replication, evaluation, and continuous improvement of 

such programs; and 

(D) develop and disseminate best practices for such programs. 

(e) PROHIBITION.—No funds made available under this part may 

be used to provide financial assistance to students who do not meet 

the requirements of section 484(a)(5). 

SEC. 742. BOARD OF THE FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION. 

(a) * * * 

(b) MEMBERSHIP.— 

ø(1) IN GENERAL.—¿The Secretary shall designate one of the 

members of the Board as Chairperson of the Board. A majority 

of the members of the Board shall be public interest representatives, including students, and a minority shall be educational 

representatives. All members selected shall be individuals able 

to contribute an important perspective on priorities for improvement in postsecondary education and strategies of educational and institutional change. 

ø(2) APPOINTMENT OF DIRECTOR.—The Secretary shall appoint the Director of the Fund for the Improvement of Postsecondary Education (hereafter in this part referred to as the ‘‘Director’’).¿ 

(c) DUTIES.—The Board shall— 

(1) advise the Secretary øand the Director¿ on priorities for 

the improvement of postsecondary education and make such 

recommendations as the Board may deem appropriate for the 


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improvement of postsecondary education and for the evaluation, dissemination, and adaptation of demonstrated improvements in postsecondary educational practice; 

(2) advise the Secretary øand the Director¿ on the operation 

of the Fund for the Improvement of Postsecondary Education, 

including advice on planning documents, guidelines, and procedures for grant competitions prepared by the Fund; and 

(d) INFORMATION AND ASSISTANCE.—The øDirector¿ Secretary 

shall make available to the Board such information and assistance 

as may be necessary to enable the Board to carry out its functions. 

SEC. 743. ADMINISTRATIVE PROVISIONS. 

ø(a) TECHNICAL EMPLOYEES.—¿ The Secretary may appoint, for 

terms not to exceed 3 years, without regard to the provisions of 

title 5, United States Code, governing appointments in the competitive service, not more than 7 technical employees to administer this 

part who may be paid without regard to the provisions of chapter 

51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. 

ø(b) PROCEDURES.—The Director shall establish procedures for 

reviewing and evaluating grants and contracts made or entered 

into under this part. Procedures for reviewing grant applications or 

contracts for financial assistance under this section may not be 

subject to any review outside of officials responsible for the administration of the Fund for the Improvement of Postsecondary Education.¿ 

SEC. 744. SPECIAL PROJECTS. 

(a) GRANT AUTHORITY.—The øDirector¿ Secretary is authorized to 

make grants to institutions of higher education, or consortia thereof, and such other public agencies and nonprofit organizations as 

the øDirector¿ Secretary deems necessary for innovative projects 

concerning one or more areas of particular national need identified 

by the øDirector¿ Secretary. 

* * * * * * * 

(c) AREAS OF NATIONAL NEED.—Areas of national need shall initially include, but shall not be limited to, the following: 

(1) * * * 

* * * * * * * 

(5) Establishment of academic programs including graduate 

and undergraduate courses, seminars and lectures, support of 

research, and development of teaching materials for the purpose 

of supporting faculty and academic programs that teach traditional American history (including significant constitutional, 

political, intellectual, economic, diplomatic, and foreign policy 

trends, issues, and documents; the history, nature, and development of democratic institutions of which American democracy is 

a part; and significant events and individuals in the history of 

the United States). 

SEC. 745. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

ø$30,000,000 for fiscal year 1999¿ $40,000,000 for fiscal year 2009 

and such sums as may be necessary for each of the 4 succeeding 

fiscal years. 


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øPART C—URBAN COMMUNITY SERVICE 

øSEC. 751. FINDINGS. 

øThe Congress finds that— 

ø(1) the Nation’s urban centers are facing increasingly pressing problems and needs in the areas of economic development, 

community infrastructure and service, social policy, public 

health, housing, crime, education, environmental concerns, 

planning and work force preparation; 

ø(2) there are, in the Nation’s urban institutions, people with 

underutilized skills, knowledge, and experience who are capable of providing a vast range of services toward the amelioration of the problems described in paragraph (1); 

ø(3) the skills, knowledge and experience in these urban institutions, if applied in a systematic and sustained manner, 

can make a significant contribution to the solution of such 

problems; and 

ø(4) the application of such skills, knowledge and experience 

is hindered by the limited funds available to redirect attention 

to solutions to such urban problems. 

øSEC. 752. PURPOSE; PROGRAM AUTHORIZED. 

ø(a) PURPOSE.—It is the purpose of this part to provide incentives to urban academic institutions to enable such institutions to 

work with private and civic organizations to devise and implement 

solutions to pressing and severe problems in their communities. 

ø(b) PROGRAM AUTHORIZED.—The Secretary is authorized to 

carry out a program of providing assistance to eligible institutions 

to enable such institutions to carry out the activities described in 

section 754 in accordance with the provisions of this part. 

øSEC. 753. APPLICATION FOR URBAN COMMUNITY SERVICE GRANTS. 

ø(a) APPLICATION.— 

ø(1) IN GENERAL.—An eligible institution seeking assistance 

under this part shall submit to the Secretary an application at 

such time, in such form, and containing or accompanied by 

such information and assurances as the Secretary may require 

by regulation. 

ø(2) CONTENTS.—Each application submitted pursuant to 

paragraph (1) shall— 

ø(A) describe the activities and services for which assistance is sought; and 

ø(B) include a plan that is agreed to by the members of 

a consortium that includes, in addition to the eligible institution, one or more of the following entities: 

ø(i) A community college. 

ø(ii) An urban school system. 

ø(iii) A local government. 

ø(iv) A business or other employer. 

ø(v) A nonprofit institution. 

ø(3) WAIVER.—The Secretary may waive the consortium requirements described in paragraph (2) for any applicant who 

can demonstrate to the satisfaction of the Secretary that the 

applicant has devised an integrated and coordinated plan 

which meets the purpose of this part. 


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ø(b) PRIORITY IN SELECTION OF APPLICATIONS.—The Secretary 

shall give priority to applications that propose to conduct joint 

projects supported by other local, State, and Federal programs. In 

addition, the Secretary shall give priority to eligible institutions 

submitting applications that demonstrate the eligible institution’s 

commitment to urban community service. 

ø(c) SELECTION PROCEDURES.—The Secretary shall, by regulation, develop a formal procedure for the submission of applications 

under this part and shall publish in the Federal Register an announcement of that procedure and the availability of funds under 

this part. 

øSEC. 754. ALLOWABLE ACTIVITIES. 

øFunds made available under this part shall be used to support 

planning, applied research, training, resource exchanges or technology transfers, the delivery of services, or other activities the 

purpose of which is to design and implement programs to assist 

urban communities to meet and address their pressing and severe 

problems, such as the following: 

ø(1) Work force preparation. 

ø(2) Urban poverty and the alleviation of such poverty. 

ø(3) Health care, including delivery and access. 

ø(4) Underperforming school systems and students. 

ø(5) Problems faced by the elderly and individuals with disabilities in urban settings. 

ø(6) Problems faced by families and children. 

ø(7) Campus and community crime prevention, including enhanced security and safety awareness measures as well as coordinated programs addressing the root causes of crime. 

ø(8) Urban housing. 

ø(9) Urban infrastructure. 

ø(10) Economic development. 

ø(11) Urban environmental concerns. 

ø(12) Other problem areas which participants in the consortium described in section 753(a)(2)(B) concur are of high priority in the urban area. 

ø(13)(A) Problems faced by individuals with disabilities regarding accessibility to institutions of higher education and 

other public and private community facilities. 

ø(B) Amelioration of existing attitudinal barriers that prevent full inclusion by individuals with disabilities in their community. 

ø(14) Improving access to technology in local communities. 

øSEC. 755. PEER REVIEW. 

The Secretary shall designate a peer review panel to review applications submitted under this part and make recommendations 

for funding to the Secretary. In selecting the peer review panel, the 

Secretary may consult with other appropriate Cabinet-level officials 

and with non-Federal organizations, to ensure that the panel will 

be geographically balanced and be composed of representatives 

from public and private institutions of higher education, labor, 

business, and State and local government, who have expertise in 

urban community service or in education. 


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øSEC. 756. DISBURSEMENT OF FUNDS. 

ø(a) MULTIYEAR AVAILABILITY.—Subject to the availability of appropriations, grants under this part may be made on a multiyear 

basis, except that no institution, individually or as a participant in 

a consortium of such institutions, may receive such a grant for 

more than 5 years. 

ø(b) EQUITABLE GEOGRAPHIC DISTRIBUTION.—The Secretary shall 

award grants under this part in a manner that achieves an equitable geographic distribution of such grants. 

ø(c) MATCHING REQUIREMENT.—An applicant under this part and 

the local governments associated with the application shall contribute to the conduct of the program supported by the grant an 

amount from non-Federal funds equal to at least one-fourth of the 

amount of the grant, which contribution may be in cash or in kind. 

øSEC. 757. DESIGNATION OF URBAN GRANT INSTITUTIONS. 

øThe Secretary shall publish a list of eligible institutions under 

this part and shall designate these institutions of higher education 

as ‘‘Urban Grant Institutions’’. The Secretary shall establish a national network of Urban Grant Institutions so that the results of 

individual projects achieved in one metropolitan area can then be 

generalized, disseminated, replicated, and applied throughout the 

Nation. The information developed as a result of this section shall 

be made available to Urban Grant Institutions and to any other interested institution of higher education by any appropriate means. 

øSEC. 758. DEFINITIONS. 

øAs used in this part: 

ø(1) URBAN AREA.—The term ‘‘urban area’’ means a metropolitan statistical area having a population of not less than 

350,000, or two contiguous metropolitan statistical areas having a population of not less than 350,000, or, in any State 

which does not have a metropolitan statistical area which has 

such a population, the eligible entity in the State submitting 

an application under section 753, or, if no such entity submits 

an application, the Secretary, shall designate one urban area 

for the purposes of this part. 

ø(2) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’ 

means— 

ø(A) a nonprofit municipal university, established by the 

governing body of the city in which it is located, and operating as of the date of enactment of the Higher Education 

Amendments of 1992 under that authority; or 

ø(B) an institution of higher education, or a consortium 

of such institutions any one of which meets all of the requirements of this paragraph, which— 

ø(i) is located in an urban area; 

ø(ii) draws a substantial portion of its undergraduate students from the urban area in which such 

institution is located, or from contiguous areas; 

ø(iii) carries out programs to make postsecondary 

educational opportunities more accessible to residents 

of such urban area, or contiguous areas; 

ø(iv) has the present capacity to provide resources 

responsive to the needs and priorities of such urban 

area and contiguous areas; 


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ø(v) offers a range of professional, technical, or graduate programs sufficient to sustain the capacity of 

such institution to provide such resources; and 

ø(vi) has demonstrated and sustained a sense of responsibility to such urban area and contiguous areas 

and the people of such areas. 

øSEC. 759. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated $20,000,000 for fiscal 

year 1999 and such sums as may be necessary for each of the 4 

succeeding fiscal years to carry out this part.¿ 

PART C—URBAN-SERVING RESEARCH 

UNIVERSITIES 

SEC. 751. PURPOSE; PROGRAM AUTHORIZED. 

(a) PURPOSE.—It is the purpose of this part to provide incentives 

to urban-serving research universities to enable such universities to 

expand research knowledge and to develop and implement initiatives in partnership with community-based organizations and other 

public or nonprofit private entities to strengthen city economies, foster innovation and opportunity, and solve urban challenges. 

(b) PROGRAM AUTHORIZED.—The Secretary is authorized to award 

grants to urban-serving research universities to enable such universities to carry out the activities described in section 753 in accordance with the provisions of this part. 

SEC. 752. APPLICATION FOR URBAN-SERVING RESEARCH UNIVERSITY 

GRANTS. 

(a) APPLICATION.—An urban-serving research university seeking 

assistance under this part shall submit to the Secretary an application at such time, in such manner, and containing such information 

as the Secretary may reasonably require. 

(b) PRIORITY IN SELECTION OF APPLICATIONS.—The Secretary 

shall give priority to applications that propose to conduct joint 

projects supported by Federal, State, and local programs other than 

the program under this Act. In addition, the Secretary shall give 

priority to urban-serving research universities with a demonstrated 

record of effective engagement in serving the communities in which 

such universities are located. 

SEC. 753. ALLOWABLE ACTIVITIES. 

An urban-serving research university shall use funds awarded 

under this part to further develop and apply research findings to 

the development, implementation, and ongoing evaluation of— 

(1) systemic initiatives with elementary and secondary schools 

and other educational organizations designed to— 

(A) improve teacher quality and retention; or 

(B) develop strategies to improve postsecondary and 

workplace readiness, particularly in fields related to 

science, technology, engineering, and mathematics; 

(2) innovative economic revitalization efforts in conjunction 

with community-based organizations and other public or nonprofit private entities; or 

(3) public health outreach, education, and intervention activities designed to reduce health disparities in urban areas, in 


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partnership with community-based organizations and other 

public or nonprofit private entities. 

SEC. 754. DEFINITIONS. 

As used in this part: 

(1) URBAN AREA.—The term ‘‘urban area’’ means a city with 

a population of not less than 200,000 within a metropolitan statistical area. 

(2) URBAN-SERVING RESEARCH UNIVERSITY.—The term 

‘‘urban-serving research university’’ means a public institution 

of higher education that— 

(A) meets the requirements of section 101; 

(B) is located in an urban area; 

(C) has the capacity to conduct applicable research, as 

demonstrated by awarding more than 10 doctoral degrees 

per academic year; 

(D) draws a substantial portion of its students from the 

urban area in which such institution is located; and 

(E) has demonstrated and sustained a sense of responsibility to such urban area and the people of such area. 

SEC. 755. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part $50,000,000 for fiscal year 2009 and such sums as may be necessary 

for each of the 4 succeeding fiscal years. 

PART D—øDEMONSTRATION PROJECTS¿ PROGRAMS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER 

EDUCATION 

Subpart 1—Quality Higher Education 

SEC. 761. PURPOSES. 

It is the purpose of this øpart¿ subpart to support model demonstration projects to provide technical assistance or professional 

development for faculty and administrators in institutions of higher 

education in order to provide students with disabilities a quality 

postsecondary education. 

SEC. 762. GRANTS AUTHORIZED. 

(a) COMPETITIVE GRANTS AUTHORIZED.—The Secretary may 

award grants, contracts, and cooperative agreements, on a competitive basis, to institutions of higher education, of which at least two 

such grants shall be awarded to institutions that provide professional development and technical assistance in order for østudents 

with learning disabilities¿ students with disabilities to receive a 

quality postsecondary education. 

(b) DURATION; ACTIVITIES.— 

(1) DURATION.—Grants under this øpart¿ subpart shall be 

awarded for a period of 3 years. 

(2) AUTHORIZED ACTIVITIES.—Grants under this øpart¿ 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 methVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00653 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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ods and strategies, including methods and strategies consistent with the principles of universal design for learning 

to provide faculty and administrators with the skills and 

supports necessary to teach students with disabilities in 

order to improve retention and completion. Such methods 

and strategies may include inservice training, professional 

development, customized and general technical assistance, 

workshops, summer institutes, distance learning, and 

training in the use of assistive and educational technology. 

(B) EFFECTIVE TRANSITION PRACTICES.—The development 

of innovative, effective, and efficient teaching methods and 

strategies to ensure the smooth transition of students with 

disabilities from high school to postsecondary education. 

ø(B)¿ (C) SYNTHESIZING RESEARCH AND INFORMATION.— 

Synthesizing research and other information related to the 

provision of postsecondary educational services to students 

with disabilities. 

(D) DISTANCE LEARNING.—The development of innovative, effective, and efficient teaching methods and strategies 

to provide faculty and administrators with the ability to 

provide accessible distance education programs or classes 

that would enhance access of students with disabilities to 

higher education, including the use of accessible electronic 

communication for instruction and advisement. 

(E) ACCESSIBILITY OF EDUCATION.—Making postsecondary education more accessible to students with disabilities through the use of accessible instructional materials 

and curriculum development, consistent with the principles 

of universal design for learning. 

ø(C)¿ (F) PROFESSIONAL DEVELOPMENT AND TRAINING

SESSIONS.—Conducting professional development and 

training sessions for faculty and administrators from other 

institutions of higher education to enable the faculty and 

administrators to meet the postsecondary educational 

needs of students with disabilities. 

(3) MANDATORY EVALUATION AND DISSEMINATION.—Grants 

under this øpart¿ subpart shall be used for evaluation, and dissemination to other institutions of higher education, of the information obtained through the activities described in øsubparagraphs (A) through (C)¿ subparagraphs (A) through (F). 

* * * * * * * 

(d) REPORT.—Not later than 3 years after the date of enactment 

of the College Opportunity and Affordability Act of 2007, the Secretary shall prepare and disseminate a report reviewing the activities of the demonstration projects authorized under this subpart and 

providing guidance and recommendations on how successful 

projects can be replicated. 

SEC. 763. APPLICATIONS. 

Each institution of higher education desiring to receive a grant, 

contract, or cooperative agreement under this øpart¿ subpart shall 

submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include— 


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ø(1) a description of how such institution plans to address 

each of the activities required under this part;¿ 

(1) a description of how such institution plans to address the 

activities allowed under this subpart; 

(2) a description of how the institution consulted with a 

broad range of people within the øinstitution to develop¿ institution, including students with disabilities, to develop activities 

for which assistance is sought; øand¿ 

(3) a description of how the institution will coordinate and 

collaborate with the office that provides services to students 

with disabilities within the institutionø.¿; and 

(4) a description of the extent to which an institution will 

work to replicate the best practices of institutions of higher education with demonstrated success in serving students with disabilities. 

SEC. 764. RULE OF CONSTRUCTION. 

Nothing in this øpart¿ subpart shall be construed to impose any 

additional duty, obligation, or responsibility on an institution of 

higher education or on the institution’s faculty, administrators, or 

staff than are required by section 504 of the Rehabilitation Act of 

1973 and the Americans with Disabilities Act of 1990. 

SEC. 765. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated for this øpart¿ subpart $10,000,000 for fiscal yearø1999¿ 2009 and such sums as may be 

necessary for each of the 4 succeeding fiscal years. 

Subpart 2—National Technical Assistance Center; 

Commission on Accessible Materials; Programs 

to Support Improved Access to Materials 

SEC. 766. NATIONAL CENTER. 

(a) PURPOSE.—It is the purpose of this subpart to support the development of a national center to provide information and technical 

assistance for students with disabilities to improve the postsecondary recruitment, retention, and completion success rates of such 

students. 

(b) ESTABLISHMENT AND SUPPORT.—The Secretary shall, by 

grant, contract, or cooperative agreement with an eligible entity or 

partnership of two or more eligible entities, provide for the establishment and support of a National Center for Information and 

Technical Support for Postsecondary Students with Disabilities 

(hereinafter in this subpart referred to as the ‘‘Center’’) which shall 

carry out the duties set forth in subsection (d). 

(c) ELIGIBLE ENTITY.—In this subpart, the term ‘‘eligible entity’’ 

means an institution of higher education or a private nonprofit organization with demonstrated expertise in— 

(1) supporting postsecondary students with disabilities; 

(2) technical knowledge necessary for the accessible dissemination of information; and 

(3) working with a diverse range of types of institutions of 

higher education, including community colleges. 

(d) DUTIES.—The duties of the Center shall include the following: 

(1) ASSISTANCE TO STUDENTS AND FAMILIES.—The Center 

shall provide information and technical assistance to students 


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with disabilities, their families, and disability support service 

personnel related to practices supporting students across a 

broad spectrum of disabilities, including— 

(A) information to assist prospective students with disabilities in planning their postsecondary academic career 

while they are in middle and secondary school; 

(B) research-based supports, services, and accommodations which are available in postsecondary settings, including services provided by other agencies such as vocational 

rehabilitation; 

(C) information on student mentoring and networking opportunities; and 

(D) successful recruitment and transition programs in existence in postsecondary institutions. 

(2) ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION.— 

The 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— 

(A) collection and dissemination of promising practices 

and materials for accommodation and support of students 

with disabilities; 

(B) development and provision of training modules for 

higher education faculty on exemplary practices for accommodating and supporting students with disabilities across 

a range of academic fields; or 

(C) development of Internet-based tutorials for faculty, including graduate teaching assistants and new faculty, on 

promising practices related to support and retention of students with disabilities in postsecondary education. 

(3) INFORMATION COLLECTION AND DISSEMINATION.—The Center shall be responsible for building and maintaining a database of disability support services information with respect to 

institutions of higher education, which shall be available to the 

general public through a website built to the highest technical 

standards of accessibility currently practicable for the broad 

spectrum of individuals with disabilities. Such database and 

website shall include information on— 

(A) disability documentation requirements; 

(B) support services available; 

(C) links to financial aid; 

(D) accommodations policies; 

(E) accessible instructional materials; 

(F) other topics relevant to students with disabilities and 

prospective students with disabilities; and 

(G) the information in the report described in paragraph 

(5). 

(4) PROFESSIONAL STANDARDS FOR DISABILITY SUPPORT PERSONNEL.—The Center shall consolidate and disseminate information with respect to professional standards in existence for 

disability support services personnel and offices in institutions 

of higher education and shall convene a panel of experts to creVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00656 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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ate and disseminate professional standards for such personnel 

and offices. 

(5) REVIEW AND REPORT.—The Center shall annually prepare 

and disseminate a report analyzing the current condition of 

postsecondary success for students with disabilities. Such report 

shall include— 

(A) a review of the activities of the programs authorized 

under this part; 

(B) enrollment and graduation rates of students with disabilities in institutions of higher education; 

(C) guidance on how successful postsecondary supports 

and services for students with disabilities could be widely 

implemented at institutions of higher education; 

(D) guidance on how to reduce barriers to full participation for students with disabilities in higher education; and 

(E) a description of activities necessary to facilitate a substantial improvement in the postsecondary success of such 

students. 

(e) STAFFING OF THE CENTER.—The Center shall employ disability 

support personnel with proven expertise in providing training and 

technical assistance to practitioners. Such personnel shall provide 

technical assistance to individual colleges and universities seeking 

to provide appropriate supports and services to students with disabilities to improve enrollment, retention, and completion rates of 

such students. 

SEC. 766A. 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 subpart referred to as the ‘‘Commission’’. 

(2) MEMBERSHIP.— 

(A) The Commission shall include one representative of 

each of the following: 

(i) Department of Education Office of Postsecondary 

Education. 

(ii) Department of Education Office of Special Education and Rehabilitative Services. 

(iii) Department of Education Office for Civil Rights. 

(iv) Library of Congress National Digital Information and Infrastructure Preservation Program Copyright Working Group. 

(v) Association on Higher Education and Disability. 

(vi) Association of American Publishers. 

(vii) Association of American University Presses. 

(viii) National Association of College Stores. 

(ix) National Council on Disability. 

(B) The Commission shall be composed of at least one but 

not more than two representatives, as appointed by the Secretary, of each of the following: 

(i) Staff from institutions of higher education with 

demonstrated experience teaching or supporting stuVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00657 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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dents with print disabilities, representing each of the 

following: 

(I) Large public institution of higher education. 

(II) Small public institution of higher education. 

(III) Large private institution of higher education. 

(IV) Small private institution of higher education. 

(V) Large community college. 

(VI) Small community college. 

(ii) Producers of materials in specialized formats, including each of the following: 

(I) Braille. 

(II) Audio or synthesized speech. 

(III) Digital media. 

(iii) Developers of accessibility and publishing software and supporting technologies. 

(iv) National organizations serving individuals with 

visual impairments that have demonstrated experience 

in technology evaluation research, academic publishing, production of material in accessible formats, 

and educational methodologies for such for individuals. 

(v) Postsecondary students with visual impairment. 

(vi) Postsecondary students with dyslexia or other 

learning disabilities related to reading. 

(vii) Attorneys with expertise in copyright law. 

(C) The Commission shall include at least two, but not 

more than three, representatives as appointed by the Secretary, of national membership organizations representing 

individuals with print disabilities, including each of the 

following: 

(i) Individuals with visual impairments. 

(ii) Individuals with learning disabilities related to 

reading. 

(D) The appointments of the members of the Commission 

shall be made not later than 45 days after the date of enactment of the College Opportunity and Affordability Act of 

2007. 

(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 

appointed for the life of the Commission. Any vacancy in the 

Commission shall not affect its powers, but shall be filled in the 

same manner as the original appointment. 

(4) INITIAL MEETING.—Not later than 30 days after the date 

on which all members of the Commission have been appointed, 

the Commission shall hold the Commission’s first meeting. 

(5) MEETINGS.—The Commission shall meet at the call of the 

Chairperson. Meetings shall be publicly announced in advance 

and open to the public. 

(6) QUORUM.—A majority of the members of the Commission 

shall constitute a quorum, but a lesser number of members may 

hold hearings. 

(7) CHAIRPERSON AND VICE CHAIRPERSON.—The Commission 

shall select a chairperson and vice chairperson from among the 

members of the Commission. 


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(b) DUTIES OF THE COMMISSION.— 

(1) STUDY.— 

(A) IN GENERAL.—The Commission shall conduct a thorough study to assess the barriers, systemic issues, and technical solutions available which may affect or improve the 

timely delivery and quality of accessible instructional materials for postsecondary students, faculty, and staff with 

print disabilities, and make recommendations related to the 

development of a comprehensive approach that will ensure 

that postsecondary students with print disabilities can access instructional materials in specialized formats in a 

timeframe comparable to the availability of standard instructional materials for students without disabilities. 

(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 from— 

(i) the Model Demonstration Programs to Support 

Improved Access to Postsecondary Instructional Materials for Students with Print Disabilities, as described 

in section 766B; 

(ii) the Advisory Council and the Technical Assistance and Development Centers of the National Instructional Materials Access Center; 

(iii) the Library of Congress National Digital Information and Infrastructure Preservation Program Copyright Working Group; 

(iv) the Association of Higher Education and Disabilities E-Text Solutions Working Group; 

(v) the Recording for the Blind and Dyslexic’s Technology Advisory Committee; 

(vi) the Association of American Publishers Higher 

Education Division’s Critical Issues Task Force; and 

(vii) other existing research related to the creation 

and distribution of accessible instructional materials 

for students with print disabilities. 

(C) RECOMMENDATIONS.—The Commission shall develop 

recommendations to be used to inform Federal regulation 

and legislation, to identify best practices for systems of creating, collecting, maintaining, processing, and disseminating materials in specialized formats to eligible students, 

faculty, and staff while providing adequate copyright protections. In developing such recommendations, the Commission shall consider— 

(i) how to ensure that students with print disabilities 

may obtain instructional materials in accessible formats within a timeframe comparable to the availability 

of materials for students without disabilities; 

(ii) the feasibility and technical parameters of establishing national standardized electronic file formats 

such as, but not limited to, the National Instructional 

Materials Accessibility Standard as defined in section 

674(e)(3)(B) of the Individuals with Disabilities Education Act, to be provided by publishers of instructional 


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materials to producers of specialized formats, institutions of higher education, and eligible students; 

(iii) the feasibility of the establishment of 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 a clearinghouse, repository, or network; 

(iv) the feasibility of including such a national clearinghouse, repository, or file-sharing network in the duties of the Center described in section 766; 

(v) market-based solutions involving collaborations 

between publishers of instructional materials, producers of specialized formats, and institutions of higher education, including— 

(I) barriers and opportunities to market entry; 

(II) unique concerns affecting university presses, 

small publishers, and solutions incorporating such 

works into a shared system; and 

(III) solutions utilizing universal design; 

(vi) solutions for low-incidence, high-cost requests for 

materials in specialized formats; and 

(vii) definitions of instructional materials, authorized 

entities, and eligible students. 

(2) REPORT.—Not later than 24 months after the first meeting, the Commission shall submit a report to the Secretary and 

to Congress that shall contain a detailed statement of the findings and conclusions of the Commission resulting from the 

study under subsection (a), together with the Commission’s recommendations for such legislation and administrative actions 

as the Commission considers to be appropriate to implement the 

development of a comprehensive approach that will ensure that 

postsecondary students with print disabilities can access instructional materials in specialized formats in a timeframe 

comparable to the availability of standard instructional materials for students without disabilities. 

(3) FACILITATION OF EXCHANGE OF INFORMATION.—In carrying out the study under subsection (a), the Commission shall, 

to the extent practicable, facilitate the exchange of information 

concerning the issues that are the subject of the study among— 

(A) officials of the Federal Government; 

(B) educators from Federal, State, and local institutions 

of higher education and secondary schools; 

(C) publishers of instructional materials; 

(D) producers of materials in specialized formats; 

(E) representatives from the community of individuals 

with print disabilities; and 

(F) participants in the Model Demonstration Programs to 

Support Improved Access to Postsecondary Instructional 

Materials for Students with Print Disabilities, as described 

in section 766B. 

(c) COMMISSION PERSONNEL MATTERS.— (1) COMPENSATION OF MEMBERS.—Each member of the Commission who is not an officer or employee of the Federal Government shall serve without compensation. All members of the 


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Commission who are officers or employees of the United States 

shall serve without compensation in addition to that received 

for their services as officers or employees of the United States. 

(2) TRAVEL EXPENSES.—The members of the Commission 

shall be allowed travel expenses, including per diem in lieu of 

subsistence, at rates authorized for employees of agencies under 

subchapter I of chapter 57 of title 5, United States Code, while 

away from their homes or regular places of business in the performance of services for the Commission. 

(3) STAFF.— 

(A) IN GENERAL.—The Chairperson of the Commission 

may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such 

other additional personnel as may be necessary to enable 

the Commission to perform the Commission’s duties. The 

employment of an executive director shall be subject to confirmation by the Commission. 

(B) COMPENSATION.—The Chairperson of the Commission 

may fix the compensation of the executive director and 

other personnel without regard to the provisions of chapter 

51 and subchapter III of chapter 53 of title 5, United States 

Code, relating to classification of positions and General 

Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate 

payable for level V of the Executive Schedule under section 

5316 of such title. 

(4) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee may be detailed to the Commission without 

reimbursement, and such detail shall be without interruption or 

loss of civil service status or privilege. 

(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, 

United States Code, at rates for individuals that do not exceed 

the daily equivalent of the annual rate of basic pay prescribed 

for level V of the Executive Schedule under section 5316 of such 

title. 

(d) TERMINATION OF THE COMMISSION.—The Commission shall 

terminate on the date that is 90 days after the date on which the 

Commission submits the Commission’s report under subsection 

(b)(2). 

SEC. 766B. 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 to encourage the development of systems to 

improve the timely delivery and quality of postsecondary instructional materials in specialized formats to students with print disabilities, including systems to improve efficiency and reduce duplicative efforts across multiple institutions of higher education. 

(b) IN GENERAL.—The Secretary shall, on a competitive basis, 

award grants to, and enter into cooperative agreements with, a minimum of one partnership of two or more eligible entities to support 

the activities described in subsections (d) and (e). 


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(c) PARTNERSHIP OF ELIGIBLE ENTITIES.—In this section, a partnership of two or more eligible entities— 

(1) shall include— 

(A) an institution of higher education with demonstrated 

expertise in meeting the needs of students with print disabilities, including retention and completion of such students; and 

(B) a public or private entity with demonstrated expertise 

in working with the creation of accessible instructional materials in specialized formats for postsecondary students 

with print disabilities, and 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 print course materials in specialized formats; and 

(2) may include one or more publishers of instructional materials. 

(d) REQUIRED ACTIVITIES.—The Secretary shall support the development and implementation of the following: 

(1) Processes and systems to help identify, and verify eligibility of, postsecondary students with print disabilities in need 

of instructional materials in specialized formats. 

(2) Procedures and systems to facilitate and simplify request 

methods for accessible instructional materials in specialized formats from eligible students, which may include a single pointof-entry system. 

(3) Procedures and systems to coordinate between institutions 

of higher education, publishers of instructional materials, and 

entities that produce materials in specialized formats, to efficiently facilitate requests for such materials, the responses to 

such requests, and the delivery of such materials. 

(4) Delivery systems that will ensure the timely provision of 

instructional materials in specialized formats to eligible students, which may include electronic file distribution. 

(5) Systems to encourage reduction of duplicative conversions 

of the same instructional materials for multiple eligible students at multiple institutions of higher education when such 

conversions may be shared. 

(6) Procedures to protect against copyright infringement with 

respect to the creation, use, and distribution of instructional 

materials while maintaining accessibility for students with 

print disabilities, which may include digital technologies such 

as watermarking, fingerprinting, and other emerging strategies. 

(7) 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. 

(8) Evaluation of the effectiveness of the programs under this 

section. 

(9) Guidance on how successful procedures and systems described in paragraphs (1) through (7) could be disseminated 

and implemented on a national basis. 

(e) AUTHORIZED ACTIVITIES.—The Secretary may support the development and implementation of the following: 


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(1) Approaches limited to instructional materials used in 

smaller categories of postsecondary courses, such as introductory, first-, and second-year courses. 

(2) Market-based approaches for making instructional materials in specialized formats directly available to eligible students at prices comparable to standard instructional materials. 

(3) Approaches supporting a unified search across multiple 

databases or lists of available materials. 

(f) APPLICATION.—A partnership of eligible entities that wishes to 

apply for a grant under this section shall submit an application for 

such grant at such time, in such manner and in such format as the 

Secretary may prescribe. The application shall include information 

on how the partnership will implement activities under subsection 

(d) and, as applicable, subsection (e). 

(g) PRIORITY.—In awarding grants under this section, the Secretary shall give priority consideration to any applications that include development and implementation of the procedures and systems described in subsection (e)(2) or (e)(3). 

(h) REPORT TO CONGRESS.—The Secretary shall submit annually 

to the authorizing committees a report that includes— 

(1) the number of grants and the amount of funds distributed 

under this section; 

(2) a summary of the purposes for which the grants were provided and an evaluation of the progress made under such 

grants; 

(3) a summary of the activities implemented under subsection 

(d) and, as applicable, subsection (e), including data on the 

number of students 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.—After 3 years, the Secretary shall review 

the results of the evaluations of participating partnerships, as well 

as the Commission report described in section 766A. If the Secretary 

finds that models used under this section are effective in improving 

the timely delivery and quality of materials in specialized formats 

and provide adequate protections against copyright infringement, 

the Secretary may expand the demonstration program to additional 

grantees reflecting regional and programmatic partnerships. 

(j) MODEL EXPANSION SPECIAL RULE.—The Commission’s recommendations shall be submitted to the Secretary and a public 

comment period shall be issued prior to any expansion under subsection (i). No later than 90 days after close of public comment period, the Secretary shall issue guidance to new and existing grantees, taking into consideration the final Commission recommendations and public comments. 

(k) 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. 766C. 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 

4 succeeding fiscal years. 


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Subpart 3—Transition Programs for Students With 

Intellectual Disabilities Into Higher Education; 

Coordinating Center 

SEC. 767. PURPOSE. 

The purpose of this subpart is to support model demonstration 

programs that promote the successful transition of students with intellectual disabilities into higher education. 

SEC. 768. DEFINITIONS. 

In this subpart: 

(1) COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES.—The 

term ‘‘comprehensive transition and postsecondary program for 

students with intellectual disabilities’’ means a degree, certificate, or nondegree program that is— 

(A) offered by an institution of higher education; and 

(B) is described in section 484(s)(3). 

(2) STUDENT WITH AN INTELLECTUAL DISABILITY.—The term 

‘‘student with an intellectual disability’’ means a student who 

meets the criteria described in paragraphs (1) through (4) of 

section 484(s). 

SEC. 769. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAMS FOR STUDENTS WITH INTELLECTUAL 

DISABILITIES. 

(a) GRANTS AUTHORIZED.— 

(1) IN GENERAL.—The Secretary shall annually award grants, 

on a competitive basis, to institutions of higher education (or 

consortia of institutions of higher education), to create or expand high-quality, inclusive model comprehensive transition 

and postsecondary programs for students with intellectual disabilities. 

(2) 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 application to the Secretary at such time, in such manner, and containing 

such information as the Secretary may require. 

(c) PREFERENCE.—In awarding grants under this section, the Secretary shall give preference to institutions of higher education (or 

consortia) that— 

(1) will carry out a model program under the grant in a State 

that does not already have a comprehensive transition and postsecondary program for students with intellectual disabilities; or 

(2) in the application submitted under subsection (b), agree to 

incorporate 1 or more of the following elements into the model 

programs carried out under the grant: 

(A) The formation of a partnership with any relevant 

agency serving students with intellectual disabilities, such 

as a vocational rehabilitation agency. 

(B) In the case of an institution of higher education that 

provides institutionally owned or operated housing for students attending the institution, the integration of students 

with intellectual disabilities into such housing. 


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(C) The involvement of students attending the institution 

of higher education who are studying special education, 

general education, vocational rehabilitation, assistive technology, or related fields in the model program carried out 

under the grant. 

(d) USE OF FUNDS.—An institution of higher education (or consortium) receiving a grant under this section shall use the grant funds 

to establish a model comprehensive transition and postsecondary 

program for students with intellectual disabilities that— 

(1) serves students with intellectual disabilities; 

(2) provides individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other 

aspects of the institution of higher education’s regular postsecondary program; 

(3) with respect to the students with intellectual disabilities 

participating in the model program, provides a focus on— 

(A) academic enrichment; 

(B) socialization; 

(C) independent living, including self-advocacy skills; 

and 

(D) integrated work experiences and career skills that 

lead to gainful employment; 

(4) integrates person-centered planning in the development of 

the course of study for each student with an intellectual disability participating in the model program; 

(5) participates with the coordinating center established 

under section 770 in the evaluation of the model program; 

(6) partners with 1 or more local educational agencies to support the participation of students with intellectual disabilities 

in the model program who are still eligible for special education 

and related services under the Individuals with Disabilities 

Education Act, including regarding the utilization of funds 

available under part B of such Act for such students; 

(7) plans for the sustainability of the model program after the 

end of the grant period; and 

(8) creates and offers a meaningful credential for students 

with intellectual disabilities upon the completion of the model 

program. 

(e) MATCHING REQUIREMENT.—An institution of higher education 

that receives a grant under this section shall provide matching 

funds toward the cost of the model comprehensive transition and 

postsecondary program for students with intellectual disabilities 

carried out under the grant, which may be provided in cash or in 

kind, in an amount not less than 25 percent of the amount of such 

grant funds. 

(f) REPORT.—Not later than 3 years after the date of enactment 

of the College Opportunity and Affordability Act of 2007, the Secretary shall prepare and disseminate a report to the authorizing 

committees and to the public that reviews the activities of the model 

comprehensive transition and postsecondary programs for students 

with intellectual disabilities authorized under this subpart and provides guidance and recommendations on how successful programs 

can be replicated. 


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SEC. 770. COORDINATING CENTER FOR TECHNICAL ASSISTANCE, 

EVALUATION, AND DEVELOPMENT OF ACCREDITATION 

STANDARDS. 

(a) IN GENERAL.— 

(1) AWARD.—The Secretary shall, on a competitive basis, enter 

into a cooperative agreement with an eligible entity, for the purpose of establishing a coordinating center for technical assistance, evaluation, and development of accreditation standards 

for institutions of higher education that offer inclusive model 

comprehensive transition and postsecondary programs for students with intellectual disabilities. 

(2) DURATION.—The cooperative agreement under this section 

shall be for a period of 5 years. 

(b) REQUIREMENTS OF COOPERATIVE AGREEMENT.—The eligible 

entity entering into a cooperative agreement under this section shall 

establish and maintain a center that shall— 

(1) serve as the technical assistance entity for all model comprehensive transition and postsecondary programs for students 

with intellectual disabilities assisted under section 769; 

(2) provide technical assistance regarding the development, 

evaluation, and continuous improvement of such programs; 

(3) develop an evaluation protocol for such programs that includes qualitative and quantitative methodology measuring student outcomes and program strengths in the areas of academic 

enrichment, socialization, independent living, and competitive 

or supported employment; 

(4) assist recipients of grants under section 769 in efforts to 

award a meaningful credential to students with intellectual disabilities upon the completion of such programs, which credential takes into consideration unique State factors; 

(5) develop model criteria, standards, and procedures to be 

used in accrediting such programs that— 

(A) include, in the development of the model criteria, 

standards, and procedures for such programs, the participation of— 

(i) an expert in higher education; 

(ii) an expert in special education; 

(iii) a disability organization that represents students with intellectual disabilities; and 

(iv) a national, State, or regional accrediting agency 

or association recognized by the Secretary under subpart 2 of part H of title IV; and 

(B) define the necessary components of such programs, 

such as— 

(i) academic, vocational, social, and independent living skills; 

(ii) evaluation of student progress; 

(iii) program administration and evaluation; 

(iv) student eligibility; and 

(v) issues regarding the equivalency of a student’s 

participation in such programs to semester, trimester, 

quarter, credit, or clock hours at an institution of higher education, as the case may be; 

(6) analyze possible funding streams for such programs and 

provide recommendations regarding funding streams; 


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(7) develop model memoranda of agreement between institutions of higher education and agencies providing funding for 

such programs; 

(8) develop mechanisms for regular communication between 

the recipients of grants under section 769 regarding such programs; and 

(9) host a meeting of all recipients of grants under section 769 

not less often than once each year. 

(c) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means an entity, or a partnership of entities, that has 

demonstrated expertise in the fields of higher education, students 

with intellectual disabilities, the development of comprehensive 

transition and postsecondary programs for students with intellectual disabilities, evaluation, and technical assistance. 

SEC. 770A. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may be 

necessary to carry out this subpart for fiscal year 2009 and each of 

the 4 succeeding fiscal years. 

PART E—COLLEGE ACCESS CHALLENGE 

GRANT PROGRAM 

SEC. 771. COLLEGE ACCESS CHALLENGE GRANT PROGRAM. 

(a) * * * 

* * * * * * * 

(e) SUBGRANTS TO NONPROFIT ORGANIZATIONS.—A State receiving 

a payment under this section may elect to make a subgrant to one 

or more nonprofit organizations in the State, including an eligible 

not-for-profit holder (as defined in section 435(p) of the Higher 

Education Act of 1965, as amended by section 303 of this Act), or 

those who have agreements with the Secretary under section 

435(d)(5)(J), or a partnership of such organizations, to carry out activities or services described in subsection (f), if the nonprofit organization or partnership— 

(1) * * * 

* * * * * * * 

PART F—NURSING EDUCATION 

SEC. 776. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATELEVEL NURSING STUDENTS. 

(a) AUTHORIZATION.—The Secretary shall award grants to institutions of higher education that offer— 

(1) a R.N. nursing program at the baccalaureate or associate 

degree level to enable such program to expand the faculty and 

facilities of such program to accommodate additional R.N. 

nursing program students; or 

(2) a graduate-level nursing program to accommodate advanced practice degrees for Registered Nurses or to accommodate students enrolled in a graduate-level nursing program to 

provide teachers of nursing students. 

(b) DETERMINATION OF NUMBER OF STUDENTS AND APPLICATION.—Each institution of higher education that offers a program 


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described in subsection (a) that desires to receive a grant under this 

section shall— 

(1) determine for the 4 academic years preceding the academic year for which the determination is made the average 

number of matriculated nursing program students at such institution for such academic years; and 

(2) submit an application to the Secretary at such time, in 

such manner, and accompanied by such information as the Secretary may require, including the average number determined 

under paragraph (1). 

(c) GRANT AMOUNT; AWARD BASIS.— 

(1) GRANT AMOUNT.—For each academic year after academic 

year 2008–2009, 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 of matriculated nursing program students at such institution for such academic year that is more than the average number determined with respect to such institution under subsection 

(b)(1). Such amount shall be used for the purposes described in 

subsection (a). 

(2) DISTRIBUTION OF GRANTS AMONG DIFFERENT DEGREE PROGRAMS.— 

(A) IN GENERAL.—Subject to subparagraph (B), from the 

funds available to award grants under this section for each 

fiscal year, the Secretary shall— 

(i) use 20 percent of such funds to award grants 

under this section to institutions of higher education 

for the purpose of accommodating advanced practice 

degrees or students in graduate-level nursing programs; 

(ii) use 40 percent of such funds to award grants 

under this section to institutions of higher education 

for the purpose of expanding R.N. nursing programs at 

the baccalaureate degree level; and 

(iii) use 40 percent of such funds to award grants 

under this section to institutions of higher education 

for the purpose of expanding R.N. nursing programs at 

the associate degree level. 

(B) DISTRIBUTION OF EXCESS FUNDS.—If, for a fiscal 

year, funds described in clause (i), (ii), or (iii) of subparagraph (A) remain available after the Secretary awards 

grants under this section to all applicants for the particular 

category of nursing programs described in such clause, the 

Secretary shall use equal amounts of the remaining funds 

to award grants under this section to applicants for the remaining categories of nursing programs. 

(C) EQUITABLE DISTRIBUTION.—In awarding grants 

under this section, the Secretary shall, to the extent practicable, ensure— 

(i) an equitable geographic distribution of the grants 

among the States; and 

(ii) an equitable distribution of the grants among different types of institutions of higher education. 

(d) PROHIBITION.— 


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(1) USE OF FUNDS.—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. 

SEC. 777. NURSE FACULTY PILOT PROJECT. 

(a) PURPOSES.—The purposes of this section are to create a pilot 

program— 

(1) to provide scholarships to qualified nurses in pursuit of 

an advanced degree with the goal of becoming faculty members 

in an accredited nursing program; and 

(2) to provide grants to partnerships between accredited 

schools of nursing and hospitals or health facilities to fund release time for qualified nurse employees, so that those employees 

can earn a salary while obtaining an advanced degree in nursing with the goal of becoming nurse faculty. 

(b) ASSISTANCE AUTHORIZED.— 

(1) COMPETITIVE GRANTS AUTHORIZED.—The Secretary may, 

on a competitive basis, award grants to, and enter into contracts and cooperative agreements with, partnerships composed 

of an accredited school of nursing at an institution of higher 

education and a hospital or health facility to establish not more 

than 5 pilot projects to enable such hospital or health facility 

to retain its staff of experienced nurses while providing a mechanism to have such nurses become, through an accelerated 

nursing education program, faculty members of an accredited 

school of nursing. 

(2) DURATION; EVALUATION AND DISSEMINATION.— 

(A) DURATION.—Grants under this section shall be 

awarded for a period of 3 to 5 years. 

(B) MANDATORY EVALUATION AND DISSEMINATION.— 

Grants under this section shall be primarily used for evaluation, and dissemination to other institutions of higher 

education, of the information obtained through the activities described in subsection (a)(2). 

(3) CONSIDERATIONS IN MAKING AWARDS.—In awarding 

grants and entering into contracts and cooperative agreements 

under this section, the Secretary shall consider the following: 

(A) GEOGRAPHIC DISTRIBUTION.—Providing an equitable 

geographic distribution of such grants. 

(B) RURAL AND URBAN AREAS.—Distributing such grants 

to urban and rural areas. 

(C) 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. 

(D) PRIOR EXPERIENCE OR EXCEPTIONAL PROGRAMS.—The 

extent to which institutions of higher education have demonstrated prior experience in providing advanced nursing 

education programs to prepare nurses interested in pursuing a faculty role. 

(4) USES OF FUNDS.—Funds made available by grant, contract, or cooperative agreement under this section may be 

used— 


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(A) to develop a new national demonstration initiative to 

align nursing education with the emerging challenges of 

healthcare delivery; and 

(B) for any one or more of the following innovations in 

educational programs: 

(i) To develop a clinical simulation laboratory in a 

hospital, health facility, or accredited school of nursing. 

(ii) To purchase distance learning technologies. 

(iii) To fund release time for qualified nurses enrolled in the graduate nursing program. 

(iv) To provide for faculty salaries. 

(v) To collect and analyze data on educational outcomes. 

(c) APPLICATIONS.—Each partnership desiring to receive a grant, 

contract, or cooperative agreement 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 application shall include assurances that— 

(1) the individuals enrolled in the program will be qualified 

nurses in pursuit of a master’s or doctoral degree in nursing 

and have a contractual obligation with the hospital or health 

facility that is in partnership with the institution of higher education; 

(2) the hospital or health facility of employment will be the 

clinical site for the accredited school of nursing program; 

(3) individuals enrolled in the program will maintain their 

employment on a part-time basis with the hospital or health facility that allowed them to participate in the program, and will 

receive an income from the hospital or health facility, as a parttime employee, and release times or flexible schedules to accommodate their class schedule; and 

(4) upon completion of the program, such individuals will be 

required to teach for 2 years in an accredited school of nursing 

for each year of support the individual received under this program. 

(d) DEFINITION.—For purposes of this section, 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. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section not more than $10,000,000 

for fiscal year 2009 and such sums as may be necessary for each 

of the 4 succeeding fiscal years. 

TITLE VIII—ADDITIONAL PROGRAMS 

SEC. 800. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title 

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

4 succeeding fiscal years. 


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PART A—LOW TUITION 

SEC. 801. INCENTIVES AND REWARDS FOR LOW TUITION. 

(a) REWARDS FOR LOW TUITION.— 

(1) COMPETITIVE GRANTS.—From funds made available under 

section 800, the Secretary shall award grants on a competitive 

basis to institutions of higher education that, for academic year 

2008–2009 or any succeeding academic year, have an annual 

net tuition increase (expressed as a percentage) for the most recent academic year for which satisfactory data is available that 

is equal to or less than the percentage change in the higher education price index for such academic year. 

(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) 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) 4-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 such institution guarantees that for any academic year 

(or the equivalent) beginning on or after July 1, 2008, and for 

each of the 4 succeeding continuous academic years, the net tuition charged to an undergraduate student will not exceed— 

(A) the amount that the student was charged for an academic year at the time he or she first enrolled in the institution of higher education, plus 

(B) the product of the percentage increase in the higher 

education price index for the prior academic year, or the 

most recent prior academic year for which data is available, multiplied by the amount determined under subparagraph (A). 

(3) LESS-THAN 4-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 such institution guarantees that for 

any academic year (or the equivalent) beginning on or after 

July 1, 2008, and for each of the 1.5 succeeding continuous academic years, the net tuition charged to an undergraduate student will not exceed— 


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(A) the amount that the student was charged for an academic year at the time he or she first enrolled in the institution of higher education, plus 

(B) the product of the percentage increase in the higher 

education price index for the prior academic year, or the 

most recent prior academic year for which data is available, multiplied by the amount determined under subparagraph (A). 

(c) MAINTAINING AFFORDABLE TUITION.— (1) INSTITUTION REPORTS.—If an institution of higher education has an increase in annual net tuition (expressed as a 

percentage), for the most recent academic year for which satisfactory data is available, that is greater than the percentage increase in the higher education price index for such academic 

year, the institution or a representative association is required 

to submit to the Secretary the following information, within 6 

months of such determination: 

(A) A report on the factors contributing to the increase in 

the institution’s costs and the increase in net tuition and 

fees charged to students, including identification of the 

major areas in the institution’s budget with the greatest 

cost increases. 

(B) The institution’s 3 most recent Form 990s submitted 

to the Internal Revenue Service, as required under section 

6033 of the Internal Revenue Code of 1986. 

(C) A description of the major areas of expenditures in 

the institution’s budget with the greatest increase for such 

academic year. 

(D) A description of actions being taken by the institution 

to reduce net tuition. 

(2) REPORT TO CONGRESS.—The Secretary shall compile the 

information submitted under this subsection and shall provide 

to the authorizing committees an annual report relating to such 

information. 

(d) DEFINITIONS.—In this section: 

(1) NET TUITION.—The term ‘‘net tuition’’ means the average 

tuition and fees charged to a full-time undergraduate student 

by an institution of higher education for an academic year, 

minus the average grant amount received by such a student for 

such academic year. 

(2) HIGHER EDUCATION PRICE INDEX.—The term ‘‘higher education price index’’ means the higher education price index developed pursuant to section 133(b). 

PART B—COOPERATIVE EDUCATION 

SEC. 811. STATEMENT OF PURPOSE; DEFINITION. 

(a) PURPOSE.—It is the purpose of this part to award grants to 

institutions of higher education or combinations of such institutions 

to encourage such institutions to develop and make available to as 

many of their students as possible 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 


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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. 812. RESERVATIONS. 

(a) RESERVATIONS.—Of the amount appropriated to carry out this 

part under section 800 in each fiscal year— 

(1) not less than 50 percent shall be available for awarding 

grants to institutions of higher education and combinations of 

such institutions described in section 813(a)(1)(A) for cooperative education under section 813; 

(2) not less than 25 percent shall be available for awarding 

grants to institutions of higher education described in section 

813(a)(1)(B) for cooperative education under section 813; 

(3) not to exceed 11 percent shall be available for demonstration projects under paragraph (1) of section 814(a); 

(4) not to exceed 11 percent shall be available for training 

and resource centers under paragraph (2) of section 814(a); and 

(5) not to exceed 3 percent shall be available for research 

under paragraph (3) of section 814(a). 

(b) AVAILABILITY OF APPROPRIATIONS.—Appropriations under this 

part shall not be available for the payment of compensation of students for employment by employers under arrangements pursuant to 

this part. 

SEC. 813. GRANTS FOR COOPERATIVE EDUCATION. 

(a) GRANTS AUTHORIZED.— 

(1) IN GENERAL.—The Secretary is authorized, from the 

amount available to carry out this part under section 800 in 

each fiscal year and in accordance with the provisions of this 

part— 

(A) to award grants to institutions of higher education or 

combinations of such institutions that have not received a 

grant under this paragraph in the 10-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 combinations 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 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 combination of such institutions in any fiscal year shall not exceed $500,000. 


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(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 which bears the same ratio to the amount reserved pursuant to section 812(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 814 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 which 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 which 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 paragraphs (1)(A) and (B) to the same institution of 

higher education or combination of such institution in any one 

fiscal year. 

(5) USES.—Grants under paragraph (1)(B) shall be used exclusively— 

(A) to expand the quality of and participation in a cooperative education program; 

(B) for outreach in new curricular areas; and 

(C) for outreach to potential participants including 

underrepresented and nontraditional populations. 

(b) APPLICATIONS.—Each institution of higher education or combination 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 compensation to be paid for 

such performance; 

(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 which assures, that the applicant will continue the cooperative education program beyond the 5-year period of Federal assistance described in subsection (c)(1) at a level which is 

not less than the total amount expended for such program during the first year such program was assisted under this section; 


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(5) provide that, in the case of an institution of higher education that provides a 2-year program which 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 

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 had a favorable 

reception by public and private sector employers; 

(8) describe the extent to which the institution is committed 

to extending cooperative education on an institution-wide basis 

for all students who can benefit; 

(9) describe the plans that the applicant will carry out to 

evaluate the applicant’s cooperative education program at the 

end of the grant period; 

(10) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, 

and accounting for, Federal funds paid to the applicant under 

this part; 

(11) demonstrate a commitment to serving all 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 

combination of such institutions— 

(A) a grant pursuant to subsection (a)(1)(A) for more than 

5 fiscal years; or 

(B) a grant pursuant to subsection (a)(1)(B) for more 

than 5 fiscal years. 


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(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.—Any provision of law to the contrary notwithstanding, the Secretary shall not waive the provisions of 

this subsection. 

(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 combinations of 

such institutions for programs which show the greatest promise 

of success because of— 

(A) the extent to which programs in the academic discipline with respect to which the application is made have 

had a favorable reception by public and private sector employers; 

(B) the strength of the commitment of the institution of 

higher education or combination of such institutions to cooperative education as demonstrated by the plans and formalized institutional commitment statement which such institution or combination has made to continue the program 

after the termination of Federal financial assistance; 

(C) the extent to which the institution or combination of 

institutions is committed to extending cooperative education 

for all 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 combinations of such institutions 

which demonstrate a commitment to serving all underserved 

populations attending such institutions. 

SEC. 814. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING 

AND RESOURCE CENTERS; AND RESEARCH. 

(a) AUTHORIZATION.—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 812(a)(3), for the conduct of demonstration projects designed to demonstrate or determine the feasibility or value of innovative methods of cooperative education; 

(2) from the amounts available in each fiscal year under section 812(a)(4), for the conduct of training and resource centers 

designed to— 

(A) train personnel in the field of cooperative education; 


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(B) improve materials used in cooperative education programs if such improvement is conducted in conjunction 

with other activities described in this paragraph; 

(C) furnish 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 

which 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 

(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 812(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 combinations 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 make an especially significant contribution to attaining the objectives of this section. 

(2) LIMITATION.— 

(A) The Secretary may not use more than 3 percent of the 

amount appropriated to carry out this section in each fiscal 

year to enter into contracts described in paragraph (1)(A). 

(B) The Secretary may use not more than 3 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 so as to 

supplement and, to the extent possible, increase the level of funds 

that would, in the absence of such funds, be 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 nonFederal sources. 

PART C—COLLEGE PARTNERSHIP GRANTS 

SEC. 821. COLLEGE PARTNERSHIP GRANTS AUTHORIZED. 

(a) GRANTS AUTHORIZED.—From the amount appropriated to 

carry out this part under section 800, the Secretary shall award 

grants to eligible partnerships for the purposes of developing and 

implementing articulation agreements. 


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(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 is in compliance with section 

486A; or 

(2) include— 

(A) 1 or more junior or community colleges (as defined by 

section 312(f) of this Act) that award associate’s degrees; 

and 

(B) 1 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) REGULATIONS.—The Secretary shall prescribe such regulations 

as may be necessary to carry out this section. 

(i) 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. 


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PART D—STUDENT SUCCESS GRANTS 

SEC. 826. STUDENT SUCCESS GRANTS. 

(a) AUTHORIZATION OF PILOT PROGRAM.—From the amount appropriated to carry out this part under section 800, the Secretary is 

authorized to award grants on a competitive basis to eligible institutions for the purposes of helping low-income students succeed in persisting in and completing postsecondary education and training 

programs. 

(b) DEFINITIONS.— (1) ELIGIBLE INSTITUTION.—In this section, 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 section, an average 

of not less than 50 percent of the institution’s entering first-year 

students are enrolled in developmental courses to bring reading, 

writing, or mathematics skills up to college-level. 

(2) ELIGIBLE STUDENT.—In this section, the term ‘‘eligible student’’ means a student who— 

(A) is eligible to receive assistance under section 401; 

(B) is a first-year student at the time of entering the pilot 

program; and 

(C) is selected by an eligible institution to participate in 

the pilot program. 

(c) APPLICATION.—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. 

(d) STUDENT SUCCESS GRANT AMOUNT.—For an award year, each 

institution selected to participate in this pilot program shall receive 

an amount equal to $1,500 multiplied by the number of students the 

institution selects to participate in the pilot program in such year. 

An institution shall not select more than 200 students to participate 

in the pilot program under this section during such year. 

(e) PRIORITY FOR REPLICATION OF EVIDENCE-BASED POLICIES AND

PRACTICES.—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 

completion by low-income students or students in need of developmental education. 

(f) PEER REVIEW.—The Secretary shall convene a peer review 

process 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 include researchers and practitioners who are recognized experts on services 

and policies to increase low income student success in postsecondary 

education and training. No member of the committee shall be in a 

position to benefit financially from the grants to eligible institutions 

under subsection (d). 

(g) MANDATORY USES.—An eligible institution that receives a 

grant under this section shall use the grant funds to assign a Student Success Coach to every first-year student participating in the 

pilot program to provide intensive career and academic advising, 

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nity resources that can help students overcome family and personal 

challenges to success. Student Success Coaches— 

(1) shall work with not more than 50 new students during 

any academic period; 

(2) may be employees of academic departments, student services offices, community-based organizations, or other entities as 

deemed appropriate by the institution; and 

(3) shall meet with each eligible student selected for the pilot 

program before registration for courses. 

(h) PERMISSIBLE USES.—An eligible institution that receives a 

grant under this section may use the grant funds to provide services 

and program innovations for students participating in the pilot, including the following: 

(1) College and career success courses, with tuition and fees 

for the course covered by the Student Success Grant. 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. 

(2) Work-study jobs with private employers in the students’ 

fields of study. 

(3) Learning communities that ensure that students participating in the pilot 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. 

(4) Curricular redesign, which may include such innovations 

as ‘‘blended’’ or accelerated remediation classes that help Student Success Grant recipients to attain college-level reading, 

writing, 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. 

(5) Instructional support, such as learning labs, supplemental 

instruction, and tutoring. 

(6) Assistance with support services, such as child care and 

transportation. 

(i) GRANT PERIOD; ADDITIONAL TECHNICAL ASSISTANCE.— 

(1) GRANT PERIOD.—Grants made under this section shall be 

for a period of not less than 60 months. 

(2) ADDITIONAL TECHNICAL ASSISTANCE.—After 36 months, 

the Secretary shall review the performance of the Student Success Grant pilot program students at each institution, and if no 

significant improvements have been made by Student Success 

Grant pilot program students in persistence and completion at 

an institution, then the Secretary shall provide additional technical assistance to help the institution improve outcomes. 

(j) REQUIRED NON-FEDERAL SHARE.— 

(1) IN GENERAL.—Each institution participating in the pilot 

program under this section shall provide a non-Federal match 


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of 25 percent of the amount of grant to carry out the activities 

of the pilot program. The non-Federal share under this section 

may be provided in cash or in kind. 

(2) EFFECT ON NEED ANALYSIS.—For the purpose of calculating a student’s need in accordance with part F of this title, 

services or benefits under this section shall not be considered to 

be an asset or income of the student or the students parents. 

(k) TECHNICAL ASSISTANCE.—The Secretary shall enter into contracts with private entities to provide such technical assistance to 

grantees under this section as the Secretary determines appropriate. 

(l) EVALUATION.— (1) OUTCOME EVALUATIONS.—The Secretary shall conduct an 

evaluation of program outcomes under the pilot program, and 

shall disseminate to the public the findings from the evaluation 

and information on best practices. The Secretary is encouraged 

to partner with other providers of funds, such as private foundations, to allow for use of an experimental or quasi-experimental evaluation in at least one of the pilot program sites. 

(2) INSTITUTIONAL PARTICIPATION.—As a condition of receiving grants under this section, participating institutions shall 

work with the evaluator to track persistence and completion 

outcomes for students in the pilot 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. This data shall be broken down by race, ethnicity, and age and the evaluator shall assist institutions in 

analyzing this data to compare Student Success Grant pilot 

program participants to comparable nonparticipants, using statistical techniques to control for differences in the groups. 

(3) ANNUAL REPORTS.—Participating institutions under this 

section shall report on the data specified in paragraph (2) annually and the Secretary shall make this data publicly available. 

PART E—JOBS TO CAREERS 

SEC. 831. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS. 

(a) AUTHORIZATION OF PROGRAM.—From amounts appropriated to 

carry out this part under section 800, the Secretary shall award 

grants, on a competitive basis, to institutions of higher education for 

the purposes of improving developmental education, including 

English language instruction, by customizing developmental education to student career goals, and helping students move rapidly 

from developmental coursework into for-credit occupational program 

courses and through program completion. The grants under this 

section shall focus in particular on creating bridges to for-credit occupational certificate programs that are articulated to degree programs. 

(b) APPLICATION.—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. 

(c) PRIORITIES.—The Secretary shall give priority to applications 

that— 


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(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. 

(d) PEER REVIEW.—The Secretary shall convene a peer review 

process to review applications for grants under this section and to 

make recommendations to the Secretary regarding the selection of 

grantees. 

(e) MANDATORY ACTIVITY.—An eligible institution that receives a 

grant under this section shall use the grant funds to create workforce bridge programs that customize developmental education curricula, including English language instruction, to the content of the 

for-credit occupational certificate or degree programs, or clusters of 

such programs, in which developmental education students seek to 

enroll. Such bridge programs may include those that integrate the 

curricula and the instruction of both developmental and collegelevel coursework or that dually enroll students in remediation and 

college-level coursework. 

(f) PERMISSIBLE ACTIVITIES.—An eligible institution that receives 

a grant under this section, in addition to creating workforce bridge 

programs, may use the grant funds to carry out the following: 

(1) Design and implement innovative ways to improve retention in and completion of developmental education courses, including enrolling students in cohorts, accelerating course content, integrating remediation and college-level curricula and instruction, 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, redesignating class schedules to meet the needs of working adults, such as by creating evening, weekend, modular, 

compressed, distance-learning formats, or other alternative 

schedules. 

(3) Improving the quality of teaching in remedial courses 

through professional development, reclassification of such 

teaching positions, or other means the eligible institution determines appropriate. 

(4) Any other activities the eligible institution and the Secretary determine will promote retention of, and completion by, 

students attending institutions of higher education. 

(5) Fully advise students on the range of options and programs available, which may include: diploma; certification; 2- 

year degree; associate’s degree; transfer degree to upper division; 

and career options. 

(g) GRANT PERIOD.—Grants made under this section shall be for 

a period of not less than 36 months and not more than 60 months. 

(h) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to grantees under this section throughout the grant 

period. 


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(i) EVALUATION.—The Secretary shall conduct an evaluation of 

program impacts under the demonstration program, and shall disseminate to the public the findings from the evaluation and information on best practices. The Secretary is encouraged to partner 

with other providers of funds, such as private foundations, to allow 

for use of a random assignment evaluation in at least one of the 

demonstration sites. 

(j) DEFINITION OF INSTITUTION.—In this section, the term ‘‘institution of higher education’’ means an institution of higher education 

as defined in section 101(a). 

PART F—PROJECT GRAD 

SEC. 836. PROJECT GRAD. 

(a) PURPOSES.—The purposes of this part are— 

(1) to provide support and assistance to programs implementing integrated education reform services in order to improve secondary school graduation and college attendance and 

completion rates for disadvantaged students; and 

(2) to promote the establishment of new programs to implement such integrated education reform services. 

(b) GRANT AUTHORIZED.—From the amount appropriated to carry 

out this part under section 800, the Secretary is authorized to 

award a grant to Project GRAD USA (referred to in this part as the 

‘‘grantee’’), a nonprofit educational organization that has as its primary purpose the improvement of secondary school graduation and 

college attendance and completion rates for disadvantaged students, 

to implement and sustain the integrated education reform services 

described in subsection (d)(3) at existing Project GRAD program 

sites and to promote the expansion of such programs to new sites. 

(c) REQUIREMENTS OF GRANT AGREEMENT.—The Secretary shall 

enter into an agreement with the grantee that requires that the 

grantee shall— 

(1) enter into subcontracts with nonprofit educational organizations that serve a substantial number or percentage of lowincome students (referred to in this part as ‘‘subcontractors’’), 

under which the subcontractors agree to implement the programs described in subsection (d) 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 

college access programs further described in subsection 

(d)(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 but not limited to activities to further articulate a program for one or more grade levels and 

across grade levels, to tailor a program for a particular target audience, and provide tighter integration across programs; 

(D) activities for the purpose of implementing new Project 

GRAD program sites; 


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(E) activities for the purpose of promoting greater public 

awareness of integrated education reform services to improve secondary school graduation and college attendance 

rates for disadvantaged students; and 

(F) other activities directly related to improving secondary school graduation and college attendance and completion rates for disadvantaged students; and 

(3) use grant funds available under this part to pay— 

(A) the amount determined under subsection (f)(1); and 

(B) costs associated with carrying out the activities and 

providing the services, as provided in paragraph (2) of this 

subsection. 

(d) SUPPORTED PROGRAMS.— (1) DESIGNATION.—The subcontractor programs referred to in 

subsection (c)(1) 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 

grantee— 

(A) identify or establish not less than one ‘‘feeder pattern’’ 

of public schools, where ‘‘feeder pattern’’ is defined as a 

high school and the elementary schools and middle schools 

that channel students into that high school; and 

(B) provide the integrated educational reform services described in paragraph (3) at the identified feeder pattern or 

feeder patterns. 

(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 college access program that includes— 

(i) providing college scholarships for students who 

meet established criteria; 

(ii) proven approaches for increasing student and 

family college awareness; and 

(iii) assistance for such students in applying for 

higher education financial aid; and 

(D) such other services identified by the grantee as necessary to increase secondary school graduation and college 

attendance and completion rates. 

(e) USE OF FUNDS.—Of the funds made available to carry out this 

part under section 800, not more than 8 percent of such funds, or 

$4,000,000, whichever is less, shall be used by the grantee to pay 

for administration of the grant, with the remainder of funds to be 

used for the purposes described in subsections (c)(1) and (2). 

(f) GRANTEE CONTRIBUTION AND MATCHING REQUIREMENT.— (1) IN GENERAL.—The grantee shall provide to each subcon- tractor an average of $200 for each pupil served by the subcontractor in the Project GRAD program, adjusted to take into consideration— 

(A) the resources available in the area where the subcontractor will implement the Project GRAD program; and 


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(B) the need for Project GRAD programs in such area to 

improve student outcomes. 

(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 

grantee. Such matching funds may be provided in cash or in 

kind, fairly evaluated. 

(3) WAIVER AUTHORITY.—The grantee may waive, in whole or 

in part, the requirement of paragraph (2) for a subcontractor, 

if the subcontractor— 

(A) demonstrates that it would not otherwise be able to 

participate in the program; and 

(B) enters into an agreement with the grantee with respect to the amount to which the waiver will apply. 

(4) DECREASE IN GRANTEE SHARE.—Based on the funds or resources available to a subcontractor, the grantee may elect to 

provide the subcontractor with an amount that is less than the 

amount determined under paragraph (1). 

(g) EVALUATION.— 

(1) EVALUATION BY THE SECRETARY.—The Secretary shall select an independent entity to evaluate, every 3 years, the performance of students who participate in a Project GRAD program under this part. The evaluation shall— 

(A) be conducted using a rigorous research design for determining the effectiveness of the Project GRAD programs 

funded under this part; and 

(B) compare reading and mathematics achievement and, 

where applicable, the secondary school graduation, college 

attendance, and college completion rates of students who 

participate in a Project GRAD program funded under this 

part with those indicators for students of similar backgrounds who do not participate in such program. 

(2) EVALUATION BY GRANTEE AND SUBCONTRACTORS.— 

(A) IN GENERAL.—The grantee 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 part that includes— 

(i) data on the reading and mathematics achievement of students involved in the Project GRAD program; 

(ii) statistics on secondary school graduation, college 

attendance, and college completion rates; and 

(iii) such financial reporting as required by the Secretary to review the effectiveness and efficiency of the 

program. 

(B) FORM OF REPORT.—The report shall be in a form and 

include such content as shall be determined by the grantee, 

in consultation with the Secretary or the entity selected by 

the Secretary to evaluate the Project GRAD programs in accordance with paragraph (1). 

(3) AVAILABILITY OF EVALUATIONS.—Copies of any evaluation 

or report prepared under this subsection shall be made available to— 

(A) the Secretary; and 


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(B) the chairperson and ranking member of the authorizing committees. 

(h) DEFINITIONS.—In this part 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 described in section 1113(a)(5) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6313(a)(5)). 

PART G—IMPROVING COLLEGE ENROLLMENT 

BY SECONDARY SCHOOLS 

SEC. 841. IMPROVING COLLEGE ENROLLMENT BY SECONDARY 

SCHOOLS. 

(a) IN GENERAL.—From the amount appropriated to carry out this 

part under section 800, the Secretary shall contract with one nonprofit organization described in subsection (b) to enable the nonprofit organization— 

(1) to make publicly available the year-to-year higher education enrollment rate trends of secondary school students, 

disaggregated by secondary school, in compliance with the 

Family Education Rights and Privacy Act of 1974; 

(2) to identify not less than 50 urban local educational agencies and 5 States with significant rural populations, each serving a significant population of low-income students, and to 

carry out a comprehensive needs assessment in the agencies and 

States of the factors known to contribute to improved higher 

education enrollment rates, which factors shall include— 

(A) an evaluation of the local educational agency’s and 

State’s leadership strategies; 

(B) the secondary school curriculum and class offerings 

of the local educational agency and State; 

(C) the professional development used by the local educational agency and the State to assist teachers, higher 

education counselors, and administrators in supporting the 

transition of secondary students into higher education; 

(D) secondary school student attendance and other factors demonstrated to be associated with enrollment into 

higher education; 

(E) the data systems used by the local educational agency 

and the State to measure college enrollment rates and the 

incentives in place to motivate the efforts of faculty and students to improve student and school-wide outcomes; and 

(F) strategies to mobilize student leaders to build a college-bound culture; and 

(3) to provide comprehensive services to improve the schoolwide higher education enrollment rates of each of not less than 

10 local educational agencies and States, with the federally 

funded portion of each project declining by not less than 20 percent each year beginning in the second year of the comprehensive services, that— 

(A) participated in the needs assessment described in 

paragraph (2); and 

(B) demonstrated a willingness and commitment to improving the higher education enrollment rates of the local 

educational agency or State, respectively. 


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(b) GRANT RECIPIENT CRITERIA.—The recipient of the grant 

awarded under subsection (a) shall be a nonprofit organization with 

demonstrated expertise— 

(1) in increasing school-wide higher education enrollment 

rates in low-income communities nationwide by providing curriculum, training, and technical assistance to secondary school 

staff and student peer influencers; and 

(2) in a college transition data management system. 

PART H—DIPLOMA MILL PREVENTION 

SEC. 851. PURPOSE; DEFINITIONS. 

(a) PURPOSE.—The purpose of this part is to protect institutions 

of higher education, businesses and other employers, professional licensing boards, patients and clients of degree holders, taxpayers, 

and other individuals from any person claiming to possess a legitimate academic degree that in fact was issued by a fraudulent or 

nonexistent school, by a non-educational entity posing as a school, 

or by any entity in violation of Federal or State law. 

(b) DEFINITIONS.—In this part: 

(1) DEGREE-GRANTING INSTITUTION.—The term ‘‘degree-granting institution’’ means any entity that offers or confers an academic, professional, or occupational degree, diploma, or certificate, if such degree, diploma, or certificate may be used to represent to the general public that the individual possessing such 

degree, diploma, or certificate has completed a program of education or training beyond secondary education. 

(2) DIPLOMA MILL.—The term ‘‘diploma mill’’ means any entity that— 

(A) lacks valid accreditation by an agency recognized by 

a Federal agency or a State government or other organization or association that recognizes accrediting agencies as 

a valid accrediting agency of institutions of higher education; and 

(B) offers degrees, diplomas, or certifications, for a fee, 

that may be used to represent to the general public that the 

individual possessing such a degree, diploma, or certification has completed a program of education or training 

beyond secondary education, but little or no education or 

course work is required to obtain such a degree, diploma, 

or certification. 

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

section 102. 

SEC. 852. RECOGNIZED ACCREDITING AGENCIES AND INSTITUTIONS. 

(a) LISTS MAINTAINED BY THE DEPARTMENT OF EDUCATION.—Not 

later than 30 days after the date of the enactment of this part, the 

Secretary of Education shall make available (in a regularly updated, electronic format) to the Secretary of Homeland Security and 

the heads of other appropriate Federal agencies, a list of— 

(1) accrediting agencies and associations, recognized by the 

Secretary of Education under section 496, or, at the discretion 

of the Secretary, other organizations involved in accreditation; 

(2) eligible institutions, as defined under section 435(a); and 


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(3) to the extent practicable, foreign degree-granting institutions that— 

(A) have degree-granting authority, as granted by the appropriate agency or ministry of jurisdiction in the home 

country of such institution; 

(B) issue degrees that are accepted for professional licensure, public employment, and admission into graduate programs of degree-granting institutions in the home country 

(as determined by the Secretary of State); 

(C) are determined by the Secretary of Education to be 

academically equivalent to an eligible institution, as defined in section 435(a); and 

(D) are located in a home country that is capable of performing an effective academic evaluation of the degreegranting institutions to which it issues degree-granting authority, as determined by the Secretary of State, in consultation with the Secretary of Education, 

for the purposes of assisting the Secretary of Homeland Security 

and the heads of such Federal agencies to determine, for immigration and Federal employment and hiring purposes, the legitimacy of 

degree-granting institutions and degrees issued by such institutions. 

(b) REVISIONS TO LISTS.—The Secretary of Education shall modify and maintain the lists described in subsection (a) as necessary 

to ensure that the lists and the information contained in the lists 

are accurate and up-to-date, based on the most recent information 

available to the Secretary. 

(c) NOTICE OF RECOGNITION.—To be eligible to receive funds 

under title IV, each eligible institution described in subsection (a)(2) 

shall, not later than 60 days after the date of the enactment of this 

part, prominently display on the institution’s Internet website a notice indicating that the institution is recognized by the Secretary of 

Education as a legitimate institution for immigration and Federal 

employment and hiring purposes. If the Secretary of Education determines that an institution no longer qualifies as a legitimate degree-granting institutions described in subsection (a)(2), and removes the institution from the list maintained under such subsection, the institution shall, not later than 15 days after the removal of the institution from such list, delete the notice required by 

this subsection from the institution’s Internet website. 

SEC. 853. ACCREDITING AGENCIES. 

No accrediting agency or association may be considered to be a 

reliable authority as to the quality of education or training offered 

by a degree-granting institution for any purpose related to immigration, Federal employment and hiring practices, or for any other Federal purposes, unless the agency or association is on the list of accrediting agencies and associations recognized by the Secretary of 

Education and provided to the Secretary of Homeland Security 

under section 852. The Secretary may consult with other organizations, such as the Council for Higher Education Accreditation, for 

such purposes. 

SEC. 854. TASK FORCE. 

(a) TASK FORCE ESTABLISHED.—The Secretary of Education shall 

establish within the Department of Education the Diploma Mill 

Task Force (referred to in this part as the ‘‘Task Force’’). 


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(b) MEMBERSHIP.— (1) NUMBER AND APPOINTMENT.—The Task Force shall, if 

practicable, be composed of 19 members, as follows: 

(A) The Assistant Secretary of Education for Postsecondary Education. 

(B) A representative of the Department of Education with 

experience related to the determination of the legitimacy 

and quality of degrees from foreign institutions of higher 

education, selected by the Secretary of Education. 

(C) A representative of the Department of Justice, selected 

by the Attorney General. 

(D) A representative of the Federal Trade Commission, 

selected by the Chairman of such agency. 

(E) A representative of the Secret Service, selected by the 

Director of the Secret Service. 

(F) A representative of the Department of State, selected 

by the Secretary of State. 

(G) A representative of the Department of Homeland Security, selected by the Secretary of Homeland Security. 

(H) A representative of the Office of Personnel Management, selected by the Director of such Office. 

(I) A representative of a national accreditation association. 

(J) A representative of a national organization representing collegiate registrars and admissions officers. 

(K) Two representatives of State degree approval agencies, selected by agreement of at least 3 of the Speaker of 

the House of Representatives, the Senate Majority Leader, 

the House Minority Leader, and the Senate Minority Leader. 

(L) Two representatives from regionally accredited institutions of higher education, selected by agreement of at 

least 3 of the Speaker of the House of Representatives, the 

Senate Majority Leader, the House Minority Leader, and 

the Senate Minority Leader. 

(M) One representative from a nationally accredited institution of higher education, selected by agreement of at least 

3 of the Speaker of the House of Representatives, the Senate 

Majority Leader, the House Minority Leader, and the Senate Minority Leader. 

(N) Four individuals from the general population with 

experience in higher education, the detection of fraudulent 

degrees and degree-granting institutions, or law enforcement related to credential fraud, selected as follows: 

(i) One individual selected by the Speaker of the 

House of Representatives. 

(ii) One individual selected by the Minority Leader of 

the House of Representatives. 

(iii) One individual selected by the Majority Leader 

of the Senate. 

(iv) One individual selected by the Minority Leader 

of the Senate. 

(2) CRITERIA FOR MEMBERSHIP.—All members of the Task 

Force shall be persons who are especially qualified to serve on 

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ence, particularly in the fields of higher education, accreditation of institutions of higher education, foreign higher education 

standards, State regulation of institutions of higher education, 

immigration, Federal employment requirements and hiring 

practices, or fraud prevention, detection, or enforcement. 

(3) TERMS.—Each member shall be appointed for the life of 

the Task Force. 

(4) VACANCIES.—A vacancy in the Task Force shall be filled 

in the manner in which the original appointment was made. 

(5) CHAIR.—At the first meeting of the Task Force, the members of the Task Force shall elect a member of the Task Force 

to serve as Chair. 

(c) DUTIES.— 

(1) GUIDELINES.—The Task Force shall develop guidelines, to 

be used for the development of Federal legislation, to identify 

degree-granting institutions as legitimate or fraudulent degreegranting institutions for Federal purposes. In developing such 

guidelines, the Task Force shall consider— 

(A) characteristics of degree-granting institutions that 

help determine the legitimacy of the institution, such as 

whether an entity— 

(i) offers or confers degrees, diplomas, or certificates— 

(I) for little or no meaningful academic work; 

(II) without requiring an appropriate level of 

academic achievement for the attainment of such 

degrees, diplomas, or certificates; or 

(III) without imposing academic or other requirements for admittance into the institutions or 

programs offering such degrees, diplomas, or certificates; 

(ii) has fiscal and administrative structures and capacity appropriate to the specified scale of educational 

operations; 

(iii) has resources to support claims as a degreegranting institution, including curricula, qualified faculty, facilities, equipment, and supplies, student support services, objectives of the degrees or credentials offered, admissions practices, academic calendars and 

catalogs, and a grading system; and 

(iv) has degree-granting authority issued by the 

States in which degrees, or instruction leading to degrees, are offered, and is recognized by such States as 

an approved institution of higher education; 

(B) the feasibility of defining the term ‘‘fraudulent degreegranting institution’’ (commonly referred to as ‘‘diploma 

mills’’), and if feasible, shall define such term to propose for 

use in Federal laws and regulations; 

(C) issues related to— 

(i) the detection of new and existing fraudulent degree-granting institutions; 

(ii) recognition and prevention of the practices used 

by such fraudulent degree-granting institutions to 

avoid detection; 


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(iii) the enforcement of laws and regulations prohibiting such fraudulent degree-granting institutions and 

practices and the use of fraudulent degrees; and 

(iv) the prosecution of such fraudulent degree-granting institutions and practices and the use of fraudulent 

degrees; 

(D) difficulties in identifying fraudulent degree-granting 

institutions located in foreign countries, or that claim recognition or degree-granting authority from foreign countries; 

(E) means to alert and educate the public about fraudulent degree-granting institutions and the use of fraudulent 

degrees; 

(F) laws, regulations, and other means used by States to 

address fraudulent degree-granting institutions and the use 

of fraudulent degrees; 

(G) the potential need for coordination and cooperation 

among various Federal agencies to investigate and prosecute suspected fraudulent degree-granting institutions, 

and the detailed recommendations of the Task Force regarding such coordination and cooperation; 

(H) the study and the report to the Task Force required 

under this section; and 

(I) the purposes for which various agencies of the United 

States need to identify fraudulent degree-granting institutions, and identify, prohibit, and prevent the use of degrees 

issued by such fraudulent institutions, and the ability of 

such agencies to implement any guidelines considered by 

the Task Force. 

(2) DEVELOPMENT OF FEDERAL PLAN.—The Task Force shall 

develop a strategic diploma integrity protection plan (referred to 

in this section as the ‘‘Plan’’) to address the sale and use of 

fraudulent degrees for Federal purposes. The Plan shall include 

the following: 

(A) Recommendations to Congress regarding the implementation by Federal agencies of the guidelines developed 

under paragraph (1). 

(B) Recommendations to the Federal Trade Commission 

regarding the application of the guidelines developed under 

paragraph (1) to any rulemaking under section 856 and to 

the enforcement of the rules promulgated under such section. 

(3) SUBMISSION OF REPORT TO CONGRESS.—Not later than 

one year after the date of the enactment of this part, the Task 

Force shall submit to the appropriate congressional committees 

a report, including— 

(A) the guidelines developed under paragraph (1); 

(B) the Plan developed under paragraph (2); and 

(C) a legislative proposal for consideration by Congress. 

SEC. 855. SENSE OF THE CONGRESS REGARDING USE BY STATES OF 

THE FEDERAL PLAN AS GUIDELINES. 

It is the sense of the Congress that— 

(1) each State should implement a strategic diploma integrity 

plan similar to any strategic diploma integrity plan developed 

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ticable after the date of the adoption of such a plan under such 

section; and 

(2) States may adopt more stringent standards than those 

standards contained in the Federal strategic diploma integrity 

plan and used by agencies of the United States to identify 

fraudulent degree-granting institutions operating within such 

State, except that State law does not preempt Federal law as 

applied to the employment and hiring practices of Federal employees working in such State. 

SEC. 856. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING 

DIPLOMAS AND PROFESSIONAL CERTIFICATIONS. 

Not later than 180 days after the date of enactment of this part, 

the Secretary shall request in writing that the Federal Trade Commission shall develop a plan to address diploma mills based on section 18 of Federal Trade Commission Act (15 U.S.C. 57a). 

PART I—STUDENT SAFETY AND CAMPUS 

EMERGENCY MANAGEMENT 

SEC. 861. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT. 

(a) GRANTS AUTHORIZED.— 

(1) IN GENERAL.—From the amount appropriated to carry out 

this part under section 800, the Secretary is authorized to 

award grants, on a competitive basis, to institutions of higher 

education or consortia of institutions of higher education to enable institutions of higher education or consortia to pay the 

Federal share of the cost of carrying out the authorized activities described in subsection (c). 

(2) CONSULTATION WITH THE ATTORNEY GENERAL AND THE

SECRETARY OF HOMELAND SECURITY.—Where appropriate, the 

Secretary shall award grants under this section in consultation 

with the Attorney General of the United States and the Secretary of Homeland Security. 

(3) DURATION.—The Secretary shall award each grant under 

this section for a period of 2 years. 

(4) LIMITATION ON INSTITUTIONS AND CONSORTIA.—An institution of higher education or consortium shall be eligible for 

only 1 grant under this section. 

(b) FEDERAL SHARE; NON-FEDERAL SHARE.— (1) IN GENERAL.—The Federal share of the activities described 

in subsection (c) shall be 50 percent. 

(2) NON-FEDERAL SHARE.—The institution of higher education 

or consortium shall provide the non-Federal share, which may 

be provided from other Federal, State, and local resources dedicated to emergency preparedness and response. 

(c) AUTHORIZED ACTIVITIES.—Each institution of higher education 

or consortium receiving a grant under this section may use the 

grant funds to carry out 1 or more of the following: 

(1) Developing and implementing a state-of-the-art emergency 

communications system for each campus of an institution of 

higher education or consortium, in order to contact students via 

cellular, text message, or other state-of-the-art communications 

methods when a significant emergency or dangerous situation 

occurs. An institution or consortium using grant funds to carry 


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out this paragraph shall also, in coordination with the appropriate State and local emergency management authorities— 

(A) develop procedures that students, employees, and others on a campus of an institution of higher education or 

consortium will be directed to follow in the event of a significant emergency or dangerous situation; and 

(B) develop procedures the institution of higher education 

or consortium shall follow to inform, within a reasonable 

and timely manner, students, employees, and others on a 

campus in the event of a significant emergency or dangerous situation, which procedures shall include the emergency communications system described in this paragraph. 

(2) Supporting measures to improve safety at the institution 

of higher education or consortium, such as— 

(A) security assessments; 

(B) security training of personnel and students at the institution of higher education or consortium; 

(C) where appropriate, coordination of campus preparedness and response efforts with local law enforcement, local 

emergency management authorities, and other agencies, to 

improve coordinated responses in emergencies among such 

entities; and 

(D) establishing a hotline that allows a student or staff 

member at an institution or consortium to report another 

student or staff member at the institution or consortium 

who the reporting student or staff member believes may be 

a danger to the reported student or staff member or to others. 

(3) Coordinating with appropriate local entities the provision 

of mental health services for students 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) RULE OF CONSTRUCTION.—Nothing in this section shall be construed— 

(1) to provide a private right of action to any person to enforce any provision of this section; 

(2) to create a cause of action against any institution of higher education or any employee of the institution for any civil liability; or 

(3) to affect the Family Educational Rights and Privacy Act 

of 1974 or the regulations issued under section 264 of the 

Health Insurance Portability and Accountability Act of 1996 (42 

U.S.C. 1320d–2 note). 


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SEC. 862. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, 

AND PRACTICES. 

The Secretary of Education, in consultation with the Attorney 

General of the United States and the Secretary of Homeland Security, shall— 

(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. 863. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SECRETARY. 

(a) PLANNING.—The Secretary shall develop and maintain a disaster relief plan, in consultation with the appropriate agencies, to 

ensure a procedure is in place to address the needs of institutions 

of higher education in the event of a disaster with respect to which 

the President has declared a major disaster or emergency. The plan 

shall take into consideration the immediate safety and well-being of 

students, faculty, and staff. Additionally, such plan shall outline 

steps that can be taken to ensure institutions of higher education 

have a timely recovery. 

(b) SUBMISSION TO CONGRESS.—The Secretary shall submit to the 

authorizing committees the plan required by subsection (a) and any 

revisions of such plan. 

SEC. 864. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PROGRAM. 

(a) PROGRAM AUTHORIZED.—The Secretary is authorized to establish an 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 major disaster or emergency. 

(b) USE OF ASSISTANCE.—The Secretary may, subject to the availability of appropriations, provide any assistance under the Education Disaster and Emergency Relief Loan program to institutions 

of higher education pursuant to this section only after the declaration of a major disaster or emergency by the President. Loan funds 

provided under this section may be used for— 

(1) direct and indirect construction, replacement, and renovation costs associated with or resulting from or preparing for a 

major disaster or emergency; 

(2) faculty salaries and incentives for retaining faculty; or 

(3) reimbursement for lost tuition and other revenues. 

(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 and the monetary amount 

of such losses; and 

(2) demonstrate that the institution attempted to minimize the 

cost of any losses by pursuing collateral source compensation 

from the Federal Emergency Management Agency and insurance coverage 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 and insurance prior to being eligible 

for a loan under this section. 


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(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 federally declared 

major disaster or emergency, 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.—In order to disburse 

loans under this section, the Secretary shall prescribe regulations 

that— 

(1) establish the loan program, taking into consideration the 

structure of existing capital financing loan programs under this 

Act; and 

(2) that set forth— 

(A) terms for the loan program under this section; 

(B) procedures for an application for a loan under this 

section; and 

(C) minimum requirements for the loan program and for 

receiving a loan under this section, including the following: 

(i) Online forms to be used in submitting request for 

a loan under this section. 

(ii) Information to be included in such forms. 

(iii) Procedures to assist in filing and pursing a loan 

under this section. 

(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; 

(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. 

2809). 

(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. 

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

section 101. 


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(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. 

(h) EFFECTIVE DATE.—This section shall take effect on the date of 

the enactment of the College Opportunity and Affordability Act of 

2007, and assistance provided to institutions of higher education 

pursuant to this section shall be available only with respect to federally declared major disasters or emergencies that occur after the 

date of the enactment of the College Opportunity and Affordability 

Act of 2007, except in the case of an institution affected by a Gulf 

hurricane disaster. 

SEC. 865. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY. 

Not later than 90 days after the date of enactment of the College 

Opportunity and Affordability Act of 2007, the Secretary shall 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 the Family Educational 

Rights and Privacy Act of 1974 shall not be liable to any person for 

that disclosure. 

PART J—RURAL DEVELOPMENT GRANTS FOR 

RURAL COLLEGES AND UNIVERSITIES 

SEC. 871. PURPOSE. 

The purposes of this part are— 

(1) to increase— 

(A) enrollment and graduation rates from 2-year and 4- 

year colleges, and articulation from 2-year degree programs 

into 4-year degree programs, of graduates of rural high 

schools; and 

(B) degree completion for nontraditional students from 

rural areas; and 

(2) to promote economic growth and development in rural 

America through partnership grants to consortia of rural colleges and universities and other entities, such as local education agencies, employers, education service agencies, and nonprofit organizations. 

SEC. 872. DEFINITIONS. 

For the purposes of this part: 

(1) RURAL INSTITUTION OF HIGHER EDUCATION.—The term 

‘‘rural 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 in 

which there is located a rural local educational agency. 

(3) RURAL LOCAL EDUCATION AGENCY.—The term ‘‘rural local 

education agency’’ means a local educational agency (as such 

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ondary Education Act of 1965) all of the schools of which meet 

a metro-centric locale code of 41, 42, or 43 as determined by the 

National Center for Education Statistics (NCES), in conjunction with the Bureau of the Census, using the NCES system for 

classifying local educational agencies. 

(4) NONTRADITIONAL STUDENT.—The term ‘‘nontraditional 

student’’ means an individual who— 

(A) delays enrollment in an institution of higher education by 3 or more years after completing high school; 

(B) attends an institution of higher education part-time 

or less than part-time; or 

(C) attends an institution of higher education and— 

(i) works full-time; 

(ii) is an independent student; 

(iii) has one or more dependents other than a spouse; 

(iv) is a single parent; or 

(v) does not have a high school diploma. 

(5) REGIONAL EMPLOYER.—The term ‘‘regional employer’’ 

means employers qualifying as businesses or other entities employing individuals within a rural area. 

SEC. 873. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL 

GRADUATES. 

(a) GRANTS AUTHORIZED.—From the amounts appropriated to 

carry out this part under section 800, the Secretary of Education is 

authorized to make grants in accordance with this section to partnerships formed between one or more rural institution of higher 

education and any of the following entities: 

(1) One or more rural local educational agencies. 

(2) One or more rural education service agencies. 

(3) One or more regional employers. 

(4) One or more nonprofit organizations with expertise in 

rural education. 

(b) ELIGIBLE PARTNERSHIPS; APPLICATIONS.—To be eligible for a 

grant under this section, a partnership that meets the requirements 

of subsection (a) shall submit to the Secretary an application in 

such form and containing such information as the Secretary shall 

prescribe. In determining which applications to approve for a grant 

under this section, the Secretary shall consider— 

(1) the percentage of graduates, attendees, or former attendees 

of high schools from rural local educational agencies enrolled 

or otherwise affiliated with the entity; 

(2) in the case of employers, the percentage of employees that 

are graduates of high schools in rural local educational agencies. 

(c) USE OF GRANT AMOUNTS.—Funds made available by a grant 

under this section to a partnership that meets the requirements of 

subsection (b) shall be used— 

(1) to improve enrollment rates for graduates and former 

attendees of rural high schools at rural institutions of higher 

education, including— 

(A) programs to provide information about college costs 

and financial aid options, assistance with college enrollment applications, and assistance with financial aid applications; 


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(B) programs or initiatives that provide such graduates 

or former attendees of rural high schools access and exposure to campuses, classes, programs, and facilities of rural 

institutions of higher education, including covering the cost 

of transportation to and from institutions of higher education; 

(C) the formation of groups or other initiatives that create 

support groups of such students expressing interest in attending rural institutions of higher education; 

(D) extracurricular activities, such as internships, community service, and other activities for such individuals in 

advance of attending institutions of higher education; and 

(E) other initiatives that assist such individuals in applying and developing interest in attending rural institutions 

of higher education; and 

(2) to encourage participation of nontraditional students in 

degree programs at rural institutions of higher education, including— 

(A) programs to provide information about college costs 

and financial aid options, assistance with college enrollment applications, and assistance with financial aid applications for institutions of higher education; 

(B) outreach to nontraditional students through community initiatives; and 

(C) formation of support groups for nontraditional students enrolling in 2-year degree programs and articulating 

from 2-year degree programs to 4-year degree programs. 

SEC. 874. ECONOMIC DEVELOPMENT PARTNERSHIPS. 

(a) GRANTS AUTHORIZED.—From the amounts appropriated to 

carry out this part under section 800, the Secretary of Education is 

authorized to make grants in accordance with this section to partnerships formed between one or more rural institutions of higher 

education and one or more regional employers. 

(b) ELIGIBLE PARTNERSHIPS; APPLICATIONS.—To be eligible for a 

grant under this section, a partnership that meets the requirements 

of subsection (a) shall submit to the Secretary an application in 

such form and containing such information as the Secretary shall 

prescribe. In determining which applications to approve for a grant 

under this section, the Secretary shall consider— 

(1) the potential of the employer to employ graduates of rural 

institutions of higher education after graduation; 

(2) the potential of the employer engaged in the partnership 

to spur economic development in the region; and 

(3) the relevance of the employer to the regional economy. 

(c) USE OF GRANT AMOUNTS.—Funds made available by a grant 

under this section to a partnership that meets the requirements of 

subsection (a) shall be used— 

(1) to provide additional career training to attendees of rural 

institutions of higher education in fields relevant to the regional 

economy; and 

(2) to encourage regional businesses to employ graduates of 

rural institutions of higher education. 


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SEC. 875. QUALITY OF LIFE IN RURAL AREAS. 

(a) GRANTS AUTHORIZED.—From the amounts appropriated to 

carry out this part under section 800, the Secretary of Education is 

authorized to make grants in accordance with this section to rural 

institutions of higher education. 

(b) USE OF GRANT AMOUNTS.—Funds made available by a grant 

under this section to a partnership that meets the requirements of 

subsection (a) shall be used to create or strengthen academic programs to prepare graduates to enter into high-need occupations in 

the regional and local economies. 

SEC. 876. ALLOCATION OF APPROPRIATIONS. 

(a) GRANT CONSIDERATIONS.—In making grant allocations under 

this part to qualifying institutions and partnerships, the Secretary 

shall consider— 

(1) the percentage of graduates of rural high schools attending rural institutions of higher education in proximity to the entity receiving the grant; 

(2) employment needs of regional employers in proximity to 

entities receiving the grant; and 

(3) the health of the regional economy of the region surrounding the entity receiving the grant. 

(b) MAXIMUM AND MINIMUM GRANTS.—No grant awarded by the 

Secretary under this part shall be less than $200,000 or more than 

$500,000. 

(c) GRANT DURATION.—A grant awarded under this part shall be 

awarded for one 3-year period. 

PART K—IMPROVING SCIENCE, TECHNOLOGY, 

ENGINEERING, AND MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA NATIVE 

AND NATIVE HAWAIIAN STUDENTS 

SEC. 880. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND 

MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS. 

(a) PURPOSE.—The purpose of this section is— 

(1) to develop or expand programs for the development of professionals in the fields of science, technology, engineering, and 

mathematics; and 

(2) to focus resources on meeting the educational and cultural 

needs of Alaska Natives and Native Hawaiians. 

(b) DEFINITIONS.—In this section: 

(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ has the meaning given the term ‘‘Native’’ in section 3(b) of the Alaska Natives 

Claims Settlement Act (43 U.S.C. 1602(b)). 

(2) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ 

means a partnership that includes— 

(A) 1 or more colleges or schools of engineering; 

(B) 1 or more colleges of science or mathematics; 

(C) 1 or more institutions of higher education that offer 

2-year degrees; and 

(D) 1 or more private entities that— 

(i) conduct career awareness activities showcasing 

local technology professionals; 


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(ii) encourage students to pursue education in 

science, technology, engineering, and mathematics from 

elementary school through college, and careers in those 

fields, with the assistance of local technology professionals; 

(iii) develop internships, apprenticeships, and mentoring programs in partnership with relevant industries; and 

(iv) assist with placement of interns and apprentices. 

(3) 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 part under section 800, the Secretary is authorized to 

award a grant to an eligible partnership to enable the eligible partnership to expand programs for the development of science, technology, engineering, or mathematics professionals, from elementary 

school through college, including existing programs for Alaska Native and Native Hawaiian students. 

(d) USES OF FUNDS.—Grant funds under this section shall be 

used for 1 or more of the following: 

(1) Development or implementation of cultural, social, or educational transition programs to assist students to transition 

into college life and academics in order to increase such students’ retention rates in the fields of science, technology, engineering, or mathematics, with a focus on Alaska Native or Native Hawaiian students. 

(2) Development or implementation of academic support or 

supplemental educational programs to increase the graduation 

rates of students in the fields of science, technology, engineering, 

or mathematics, with a focus on Alaska Native and Native Hawaiian students. 

(3) Development or implementation of internship programs, 

carried out in coordination with educational institutions and 

private entities, to prepare students for careers in the fields of 

science, technology, engineering, or mathematics, with a focus 

on programs that serve Alaska Native or Native Hawaiian students. 

(4) Such other activities as are consistent with the purposes 

of this section. 

(e) APPLICATION.—Each eligible partnership that desires a grant 

under this section shall submit an application to the Secretary at 

such time, in such manner, and containing such information as the 

Secretary may require. 

(f) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible partnership that provides 1 

or more programs in which 30 percent or more of the program participants are Alaska Native or Native Hawaiian. 

(g) PERIOD OF GRANT.—A grant under this section shall be 

awarded for a period of 5 years. 

(h) EVALUATION AND REPORT.—Each eligible partnership that receives a grant under this section shall conduct an evaluation to determine the effectiveness of the programs funded under the grant 

and shall provide a report regarding the evaluation to the Secretary 

not later than 6 months after the end of the grant period. 


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PART L—NATIONAL DATABASE ON FINANCIAL 

ASSISTANCE FOR STUDY OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 

SEC. 881. NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR 

STUDY OF SCIENCE, TECHNOLOGY, ENGINEERING, AND 

MATHEMATICS. 

(a) ESTABLISHMENT AND MAINTENANCE OF DATABASE.— (1) DATABASE.—The Secretary of Education shall establish 

and maintain, on the public website of the Department of Education, a database consisting of information on scholarships, 

fellowships, and other programs of financial assistance available from public and private sources for the study of science, 

technology, engineering, or mathematics at the postsecondary 

and post baccalaureate levels. 

(2) PRESENTATION OF INFORMATION.—The information maintained on the database established under this section shall be 

displayed on the website in the following manner: 

(A) Separate information shall be provided for each of 

the fields of study referred to in paragraph (1) and for postsecondary and post baccalaureate programs of financial assistance. 

(B) The database shall provide specific information on 

any programs of financial assistance which are targeted to 

individuals of a particular gender, ethnicity, or other demographic group. 

(C) If the sponsor of any program of financial assistance 

included on the database maintains a public website, the 

database shall provide hyperlinks to the website. 

(D) In addition to providing the hyperlink to the website 

of a sponsor of a program of financial assistance as required under subparagraph (C), the database shall provide 

general information that an interested person may use to 

contact the sponsor, including the sponsor’s electronic mail 

address. 

(E) The database shall have a search capability which 

permits an individual to search for information on the 

basis of each category of the information provided and on 

the basis of combinations of categories of the information 

provided, including whether the scholarship is need- or 

merit-based and by relevant academic majors. 

(F) The database shall include a recommendation that 

students and families should carefully review all of the application requirements prior to applying for aid, and a disclaimer that the scholarships presented in the database are 

not provided or endorsed by the Department of Education 

or the Federal Government. 

(b) DISSEMINATION OF INFORMATION ON DATABASE.—The Secretary shall take such actions as may be necessary on an ongoing 

basis, including sending notices to secondary schools and institutions of higher education, to disseminate information on the database established and maintained under this part and to encourage 

its use by interested parties. 

(c) USE OF VENDOR TO OBTAIN INFORMATION.—In carrying out 

this part, the Secretary of Education shall enter into a contract with 


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a private entity under which the entity shall furnish and regularly 

update all of the information required to be maintained on the database established under this section. 

(d) ENCOURAGING THE PROVISION OF INFORMATION.—In carrying 

out this part, the Secretary of Education and the contracted entity 

shall consult with public and private sources of scholarships and 

make easily available a process for such entities to provide regular 

and updated information. 

PART M—TRAINING FOR REALTIME WRITERS 

SEC. 882. 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 part under section 800, the Secretary of Commerce 

shall make competitive grants to eligible entities under subsection (b) 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 part, an eligible 

entity is a court reporting program that— 

(A) can document and demonstrate to the Secretary of 

Commerce that it meets minimum standards of educational 

and financial accountability, with a curriculum capable of 

training realtime writers qualified to provide captioning 

services; 

(B) is accredited by an accrediting agency recognized by 

the Department of Education; 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 of Commerce shall give 

a priority to eligible entities that, as determined by the Secretary— 

(A) possess the most substantial capability to increase 

their capacity to train realtime writers; 

(B) demonstrate the most promising collaboration with 

local 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 2 years. 

(5) MAXIMUM AMOUNT OF GRANT.—The amount of a grant 

provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 2-year period of the grant under paragraph (4). 

(b) APPLICATION.— 


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(1) IN GENERAL.—To receive a grant under subsection (a), an 

eligible entity shall submit an application to the Secretary of 

Commerce 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 under subsection (a) 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 workforce investment boards 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, of 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.— (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 curriculum to more effectively train 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 provide assistance in job placement; 

(F) encouraging individuals with disabilities to pursue a 

career in realtime writing; and 


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(G) the employment and payment of personnel for all 

such purposes. 

(2) SCHOLARSHIPS.— 

(A) AMOUNT.—The amount of a scholarship under paragraph (1)(B) shall be based on the amount of need of the 

recipient of the scholarship 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 of Commerce or the Secretary’s designee) for the 

amount of the scholarship received. 

(C) COURSEWORK AND EMPLOYMENT.—The Secretary of 

Commerce or the Secretary’s designee 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. Requirements for repayment of scholarship 

amounts shall take into account the effect of economic conditions on the capacity 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 5 percent of the grant 

amount to pay administrative costs associated with activities 

funded by the grant. The Secretary of Commerce shall use not 

more than 5 percent of the amount available for grants under 

this part in any fiscal year for administrative costs of the program. 

(4) SUPPLEMENT NOT SUPPLANT.—Grants amounts under this 

part shall supplement and not supplant other Federal or nonFederal funds of the grant recipient for purposes of promoting 

the training and placement of individuals as realtime writers. 

(d) REPORTS.— 

(1) ANNUAL REPORTS.—Each eligible entity receiving a grant 

under subsection (a) shall submit to the Secretary of Commerce, 

at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts 

during such year. 

(2) REPORT INFORMATION.— 

(A) IN GENERAL.—Each report of an entity for a year 

under paragraph (1) shall include a description of the use 

of grant amounts by the entity during such year, including 

an assessment by the entity of the effectiveness of activities 

carried out using such funds in increasing the number of 

realtime writers. The assessment shall utilize the performance measures submitted by the entity in the application 

for the grant under subsection (b)(2). 

(B) FINAL REPORT.—The final report of an entity on a 

grant under paragraph (1) shall include a description of 

the best practices identified by the entity as a result of the 

grant for increasing the number of individuals who are 


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trained, employed, and retained in employment as realtime 

writers. 

(3) ANNUAL REVIEW.—The Inspector General of the Department of Commerce shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under 

this part. 

PART N—CENTERS OF EXCELLENCE FOR 

VETERAN STUDENT SUCCESS 

SEC. 883. 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 section 800, 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 3 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 of 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 students 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 

services, and any other office of the institution that provides support to veteran students on campus; 

(C) providing a full-time or part-time 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 

on-going part of the program; 


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(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 students living in institutional 

facilities and commuting students. 

(E) Cultural events, academic programs, orientation programs, and other activities designed to ease the transition 

to campus life for such 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 such students in 

achieving their 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 

(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. 

PART O—UNIVERSITY SUSTAINABILITY 

PROGRAMS 

Subpart 1—Sustainability Planning Grants 

SEC. 884. GRANTS AUTHORIZED. 

(a) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—From the amounts appropriated to carry 

out this part under section 800, the Secretary shall make grants 

to eligible entities to establish sustainability programs to design 


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and implement sustainability practices, including in the areas 

of energy management, 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) may extend over a period of not 

more than 4 fiscal years. 

(3) DEFINITION OF ELIGIBLE ENTITIES.—For purposes of this 

part, the term ‘‘eligible entity’’ means— 

(A) an institution of higher education that grants 2 or 4- 

year undergraduate degrees, or masters and doctoral degrees, or both; or 

(B) a non-profit consortia, 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 or shall develop 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 such section; 

(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 in 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 institutions of higher education that test, 

model, and analyze principles of sustainability. 

(B) To establish multidisciplinary education, research, 

and outreach programs at institutions of higher education 

that address the environmental, social, and economic dimensions of sustainability. 


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(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, green building, waste management, purchasing, 

toxics management, transportation, and other aspects of 

sustainability. 

(E) To support student, faculty, and staff work at institutions of higher education to implement, research, and 

evaluate sustainable practices. 

(F) To establish sustainability literacy as a requirement 

for undergraduate and graduate degree programs. 

(G) To integrate sustainability curriculum 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 non-profit consortia, association, alliance, or collaboration operating as a 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. 

(C) To conduct efforts to engage external stakeholders 

such as business, alumni, and accrediting agencies in the 

process of building support for research, education, and 

technology development for sustainability. 

(D) To conduct professional development programs for 

faculty in all disciplines to enable faculty to incorporate 

sustainability content in their courses. 

(E) To enable an appropriate non-profit consortia, association, alliance, or collaboration operating in partnership 

with an institution of higher education 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. 


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Subpart 2—Summit on Sustainability 

SEC. 885. SUMMIT ON SUSTAINABILITY. 

Not later than September 30, 2008, the Secretary of Education 

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 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. 

PART P—MODELING AND SIMULATION 

PROGRAMS 

SEC. 886. 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 taskforce within the DeVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00709 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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partment of Education to study modeling and simulation and 

to support the development of the modeling and simulation 

field. The activities of such taskforce shall include— 

(A) helping to define the study of modeling and simulation (including the content of modeling and simulation 

classes and programs); 

(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) TASKFORCE MEMBERSHIP.—The membership of the 

taskforce 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 Institute 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; and 

(E) national modeling and simulation organizations. 

(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 3-year period, and such 

grant period may be extended for not more than 2 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 


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a waiver to be appropriate based on the financial ability of 

the institution. 

(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 multi-disciplinary 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 compliment 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 3-year period, and such 

grant period may be extended for not more than 2 years if 


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the Secretary determines that an eligible institution 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 in to 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) purchasing equipment necessary for a modeling and 

simulation program. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section $40,000,000 for fiscal year 

2009 and such sums as may be necessary for each of the 4 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 


bajohnson on PROD1PC71 with REPORTS
711 

(B) 50 percent is authorized to carry out the grant program under subsection (d). 

PART Q—BUSINESS WORKFORCE 

PARTNERSHIPS 

SEC. 887. GRANTS TO CREATE BUSINESS WORKFORCE PARTNERSHIPS. 

(a) PURPOSE AND AUTHORIZATION.— 

(1) PURPOSE.—The purpose of this section is to provide grants 

to institutions of higher education partnering with employers to 

strengthen ties between college degree credit offerings and business and industry workforce needs, and expand opportunities 

for worksite learning. 

(2) AUTHORIZATION OF PROGRAM.—The Secretary shall award 

grants, on a competitive basis, to eligible partnerships for the 

purposes of creating business and industry workforce partnerships. 

(b) DEFINITION OF BUSINESS AND INDUSTRY WORKFORCE PARTNERSHIP.— 

(1) IN GENERAL.—For purposes of this section, the term ‘‘business and industry workforce partnership’’ means a partnership 

between an institution of higher education and— 

(A) an employer or group of employers, or a local board 

(as such term is defined in section 101 of the Workforce Investment Act of 1998), or both; and 

(B) labor organizations, where applicable, that represent 

workers locally in the businesses or industries that are the 

focus of the partnership, including as a result of such organization’s representation of employees at a worksite at 

which the partnership proposes to conduct activities under 

this section. 

(2) EXCEPTION.—In the case of a State that does not operate 

local boards, paragraph (1)(A) shall be applied by substituting 

‘‘State board’’ for ‘‘local board’’. 

(c) APPLICATION.—A business and industry workforce 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. 

(d) PRIORITY FOR APPLICATIONS FOCUSED ON SERVING NONTRADITIONAL STUDENTS.—The Secretary shall give priority to applications 

focused on serving nontraditional students who are independent, as 

defined in section 480(d), do not already have a bachelor’s degree, 

and who have one or more of the following characteristics: 

(1) Are the first generation in their family to attend college. 

(2) Have delayed enrollment in college. 

(3) Have dependents. 

(e) PEER REVIEW.—The Secretary shall convene a peer review 

process, which shall include individuals knowledgeable about workforce education for working adults, to review applications for grants 

under this section, and make recommendations to the Secretary on 

the selection of grant recipients. 

(f) MANDATORY ACTIVITIES.—A partnership that receives a grant 

under this section shall use the grant funds to carry out all of the 

following activities: 


bajohnson on PROD1PC71 with REPORTS
712 

(1) Identify high demand occupations in the regional labor 

market which offer or can lead to high wages, in coordination 

with the State employment security agency funded under the 

Wagner-Peyser Act. 

(2) Develop linked career and educational pathways for those 

occupations and related ones, including, where appropriate, 

pathways involving registered apprenticeships. 

(3) Consult with employers offering jobs in occupations identified under paragraph (1) to determine workforce development 

needs. 

(4) Consult with labor organizations representing workers locally in the occupations identified in paragraph (1), where applicable. 

(5) Identify existing college degree credit offerings or create 

new degree credit offerings that prepare students to meet business and industry workforce needs, including offerings connected to registered apprenticeship programs. 

(g) PERMISSIBLE ACTIVITIES.—A partnership that receives a grant 

under this section may use the grant funds to carry out one or more 

of the following activities: 

(1) In consultation with faculty in the appropriate departments, adapt college offerings identified and created under subsection (f)(5) to the schedules and needs of working students, 

such as by creating evening, weekend, modular, compressed, or 

distance learning formats, enrolling students in learning communities, or other relevant innovations. 

(2) Create bridge programs that prepare students with lower 

skills or limited English proficiency to enter the college offerings 

identified or created under subsection (f)(5). 

(3) Expand worksite learning opportunities. 

(4) Other activities that the institution and the Secretary 

deem appropriate to carry out the purposes of this program. 

(h) GRANT PERIOD.—Grants made under this section shall be for 

a period of at least 36 months and not more than 60 months. 

(i) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to grantees under this section throughout the grant 

period. 

(j) EVALUATION.—The Secretary shall conduct an evaluation of 

the effectiveness of the program under this section and disseminate 

the findings of such evaluation, as well as information on promising 

practices developed under this section. 

(k) REPORT TO CONGRESS.—Not less than 36 months after the 

first grant is awarded under this section, the Secretary, jointly with 

the Secretary of Labor, shall report to Congress on: 

(1) Changes to the Higher Education Act and related Acts, 

such as the Perkins Vocational and Technical Education Act 

and the Workforce Investment Act (both Title I and Title II), 

that would help create and sustain business and industry workforce partnerships at colleges. 

(2) Other changes to the Higher Education Act and related 

Acts, such as the Perkins Vocational and Technical Education 

Act and the Workforce Investment Act, that would more generally strengthen the links between business and industry workVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00714 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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713 

force needs, workforce development programs, and other college 

degree credit offerings. 

EDUCATION OF THE DEAF ACT OF 1986 

* * * * * * * 

TITLE I—GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE FOR 

THE DEAF 

Part A—Gallaudet University 

* * * * * * * 

SEC. 104. øELEMENTARY AND SECONDARY EDUCATION PROGRAMS.¿ 

LAURENT CLERC NATIONAL DEAF EDUCATION CENTER. 

(a) GENERAL AUTHORITY.—(1)(A) The Board of Trustees of Gallaudet University is authorized, in accordance with the agreement 

under section 105, to maintain and operate the Laurent Clerc National Deaf Education Center (referred to in this section as the 

‘‘Clerc Center’’) to carry out exemplary elementary and secondary 

education programs, projects, and activities for the primary purpose of developing, evaluating, and disseminating innovative curricula, instructional techniques and strategies, and materials that 

can be used in various educational environments serving individuals who are deaf or hard of hearing throughout the Nation. 

* * * * * * * 

(b) ADMINISTRATIVE REQUIREMENTS.—(1) The øelementary and 

secondary education programs¿ Clerc Center shall— 

(A) * * * 

* * * * * * * 

(2) To the extent possible, the øelementary and secondary education programs¿ Clerc Center shall provide the services required 

under paragraph (1)(B) in an equitable manner, based on the national distribution of students who are deaf or hard of hearing in 

educational environments as determined by the Secretary for purposes of section 618(a)(1) of the Individuals with Disabilities Education Act. Such educational environments shall include— 

(A) * * * 

* * * * * * * 

(4) If the parents or guardian places a child in one of the elementary or secondary education programs, the University shall— 

(A) * * * 

* * * * * * * 

(C) provide the child a free appropriate public education in 

accordance with part B of the Individuals with Disabilities 

Education Act and procedural safeguards in accordance with 

the following provisions of section 615 of such Act: 

(i) Paragraphs (1), and (3) through ø(6)¿ (8) of subsection 

(b). 

* * * * * * * 


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714 

(vi) Subsections (k) through ø(m)¿ (o). (5) The University, for purposes of the elementary and secondary 

education programs carried out at the Clerc Center, shall— 

(A)(i)(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; or 

(II) develop such standards and assessments subject to the 

approval of 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— 

(i) the State that has adopted and implemented the 

standards and assessments selected under subparagraph 

(A)(i)(I); or 

(ii) the University, if the University develops standards 

and assessments in accordance with subparagraph 

(A)(i)(II); 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. 105. AGREEMENT WITH GALLAUDET UNIVERSITY. 

(a) * * * 

(b) PROVISIONS OF AGREEMENT.—The agreement shall— 

(1) * * * 

* * * * * * * 

(4) provide that any laborer or mechanic employed by any 

contractor or subcontractor in the performance of work on any 

construction aided by Federal funds appropriated for the benefit of the Kendall Demonstration Elementary School or the 

Model Secondary School for the Deaf will be paid wages at 

rates not less than those prevailing on similar construction in 

the locality as determined by the Secretary of Labor in accordance with øthe Act of March 3, 1931 (40 U.S.C. 276a–276a–5) 

commonly referred to as the Davis-Bacon Act¿ subchapter IV 

of chapter 31 of title 40, United States Code, commonly referred 

to as the Davis-Bacon Act; except that the Secretary of Labor 

shall have, with respect to the labor standards specified in this 

paragraph, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and øsection 

2 of the Act of June 13, 1934 (40 U.S.C. 276c)¿ section 3145 

of title 40, United States Code; and 

* * * * * * * 


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715 

Part B—National Technical Institute for the Deaf 

* * * * * * * 

SEC. 112. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE 

FOR THE DEAF. 

(a) GENERAL AUTHORITY.—(1) The Secretary is authorized to establish or continue an agreement with øan institution of higher 

education¿ the Rochester Institute of Technology, Rochester, New 

York for the establishment and operation, including construction 

and equipment, øof a¿ of the National Technical Institute for the 

Deaf. øThe Secretary, in considering proposals from institutions of 

higher education to enter into an agreement under this part, shall 

give preference to institutions which are located in metropolitan industrial areas.¿ 

(2) If, pursuant to the agreement established under paragraph (1), 

either the Secretary or the Rochester Institute of Technology terminates the agreement, the Secretary shall consider proposals from 

other institutions of higher education and enter into an agreement 

with one of those institutions for the establishment and operation of 

a National Technical Institute for the Deaf. 

ø(2)¿ (3) The Secretary and the institution of higher education 

with which the Secretary has an agreement under this section— 

(A) * * * 

* * * * * * * 

(b) PROVISIONS OF AGREEMENT.—The agreement shall— 

(1) * * * 

* * * * * * * 

(3) provide that the Board of Trustees or other governing 

body of the institution will prepare and submit to the Secretary, not later than June 1 following the fiscal year for which 

the report is submitted, an annual report containing an accounting of all indirect costs paid to the institution of higher 

education under the agreement with the Secretary, which accounting the Secretary shall transmit to the Committee on 

Education and Labor of the House of Representatives and to 

the øCommittee on Labor and Human Resources of the Senate¿ Committee on Health, Education, Labor, and Pensions of 

the Senate, with such comments and recommendations as the 

Secretary may deem appropriate; 

* * * * * * * 

(5) provide that any laborer or mechanic employed by any 

contractor or subcontractor in the performance of work on any 

construction aided by Federal funds appropriated for the benefit of NTID will be paid wages at rates not less than those 

prevailing on similar construction in the locality as determined 

by the Secretary of Labor in accordance with øthe Act of March 

3, 1931 (40 U.S.C. 276a–276a–5) commonly referred to as the 

Davis-Bacon Act¿ subchapter IV of chapter 31 of title 40, 

United States Code, commonly referred to as the Davis-Bacon 

Act; except that the Secretary of Labor shall have, with respect 

to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization Plan Numbered 

14 of 1950 (5 U.S.C. App.) and øsection 2 of the Act of June 


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716 

13, 1934 (40 U.S.C. 276c)¿ section 3145 of title 40, United 

States Code; and 

* * * * * * * 

TITLE II—GENERAL PROVISIONS 

* * * * * * * 

SEC. 203. AUDIT. 

(a) * * * 

(b) INDEPENDENT FINANCIAL AND COMPLIANCE AUDIT.— (1) * * * 

(2) COMPLIANCE.—As used in paragraph (1), compliance 

means compliance with øsections 102(b), 105(b)(4), 112(b)(5), 

and 203(c), paragraphs (2) and (3) of section 207(b), subsections 

(b)(2), (b)(3), and (c) through (f), of section 207, and subsections 

(b) and (c) of section 210.¿ sections 102(b), 105(b)(4), 112(b)(5), 

203(c), 207(b)(2), subsections (c) through (f) of section 207, and 

subsections (b) and (c) of section 209. 

(3) SUBMISSION OF AUDITS.—A copy of each audit described 

in paragraph (1) shall be provided to the Secretary and the 

Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate within 15 days of acceptance of the audit 

by the University or the institution authorized to establish and 

operate the NTID under section 112(a), as the case may be, but 

not later than January 10 of each year. 

(c) LIMITATIONS REGARDING EXPENDITURE OF FUNDS.— (1) * * * 

(2) POLICIES.— (A) Not later than 180 days after the date of the enactment of the Education of the Deaf Act Amendments of 

1992, the University and NTID shall develop policies, to be 

applied uniformly, for the allowability of expenditures for 

each institution. These policies should reflect the unique 

nature of these institutions. The principles established by 

the Office of Management and Budget for costs of educational institutions may be used as guidance in developing these policies. General principles relating to allowability and reasonableness of all costs associated with the 

operations of the institutions shall be addressed. These 

policies shall be submitted to the Secretary for review and 

comments, and to the Committee on Education and Labor 

of the House of Representatives and the øCommittee on 

Labor and Human Resources of the Senate¿ Committee on 

Health, Education, Labor, and Pensions of the Senate. 

* * * * * * * 

SEC. 204. REPORTS. 

The Board of Trustees of Gallaudet University and the Board of 

Trustees or other governing body of the institution of higher education with which the Secretary has an agreement under section 

112 shall prepare and submit an annual report to the Secretary, 

and to the Committee on Education and Labor of the House of Representatives and the øCommittee on Labor and Human Resources 


bajohnson on PROD1PC71 with REPORTS
717 

of the Senate¿ Committee on Health, Education, Labor, and Pensions of the Senate, not later than 100 days after the end of each 

fiscal year, which shall include the following: 

(1) The number of students during the preceding academic 

year who enrolled and whether these were first-time enrollments, who graduated, who found employment, or who left 

without completing a program of study, reported under each of 

the programs of the University (elementary, secondary, øpreparatory,¿ undergraduate, and graduate) and of NTID. 

(2) For the preceding academic year, and to the extent possible, the following data on individuals who are deaf and from 

minority backgrounds and who are students (at all educational 

levels) or employees: 

(A) * * * 

* * * * * * * 

(C) The disposition of these students øupon graduation/ 

completion¿ on the date that is 1 year after the date of 

graduation or completion of programs at NTID and at the 

University and its elementary and secondary schools in 

comparison to students from non-minority backgrounds. 

* * * * * * * 

(3) (A) A summary of the annual audited financial statements and auditor’s report of the University, as required under 

section 203, and (B) a summary of the annual audited financial 

statements and auditor’s report øof the institution of higher 

education with which the Secretary has an agreement under 

section 112, including specific schedules and analyses for all 

NTID funds, as required under section 203, and such supplementary schedules presenting financial information for NTID 

for the end of the Federal fiscal year as determined by the Secretary.¿ of NTID programs and activities. 

SEC. 205. MONITORING, EVALUATION, AND REPORTING. 

(a) ACTIVITIES.—The Secretary shall conduct monitoring and 

evaluation activities of the education programs and activities and 

the administrative operations of the University (including the elementary, secondary, øpreparatory,¿ undergraduate, and graduate 

programs) and of NTID. The Secretary may also conduct studies related to the provision of preschool, elementary, secondary, and 

postsecondary education and other related services to individuals 

who are deaf or hard of hearing. In carrying out the responsibilities 

described in this section, the Secretary is authorized to employ 

such consultants as may be necessary pursuant to section 3109 of 

title 5, United States Code. 

(b) REPORT.—øThe Secretary, as part of the annual report required under section 426 of the Department of Education Organization Act, shall include a description of¿ The Secretary shall annually transmit information to Congress on the monitoring and evaluation activities pursuant to subsection (a), together with such recommendations, including recommendations for legislation, as the 

Secretary may consider necessary. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as may be necessary for each of the 

øfiscal years 1998 through 2003¿ fiscal years 2008 through 2013 to 


bajohnson on PROD1PC71 with REPORTS
718 

carry out the monitoring and evaluation activities authorized under 

this section. 

SEC. 206. LIAISON FOR EDUCATIONAL PROGRAMS. 

(a) DESIGNATION OF LIAISON.—øNot later than 30 days after the 

date of enactment of this Act, the¿ The Secretary shall designate 

an individual in the Office of Special Education and Rehabilitative 

Services of the Department of Education from among individuals 

who have experience in the education of individuals who are deaf 

to serve as liaison between the Department and Gallaudet University, the National Technical Institute for the Deaf, and other postsecondary educational programs for individuals who are deaf under 

the Individuals with Disabilities Education Act, the Rehabilitation 

Act of 1973, and other Federal or non-Federal agencies, institutions, or organizations involved with the education or rehabilitation 

of individuals who are deaf or hard of hearing. 

* * * * * * * 

SEC. 207. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY AND THE NATIONAL TECHNICAL INSTITUTE FOR 

THE DEAF. 

(a) * * * 

* * * * * * * 

(h) AUTHORIZATION OF APPROPRIATIONS.— (1) In the case of the University, there are authorized to be 

appropriated for the purposes of this section such sums as may 

be necessary for each of the øfiscal years 1998 through 2003¿ 

fiscal years 2008 through 2013. (2) In the case of NTID, there are authorized to be appropriated for the purposes of this section such sums as may be 

necessary for each of the øfiscal years 1998 through 2003¿ fiscal years 2008 through 2013. 

* * * * * * * 

SEC. 208. OVERSIGHT AND EFFECT OF AGREEMENTS. 

(a) OVERSIGHT ACTIVITIES.—Nothing in this Act shall be construed to diminish the oversight activities of the øCommittee on 

Labor and Human Resources of the Senate and the Committee on 

Education and the Workforce of the House of Representatives¿ 

Committee on Education and Labor of the House of Representatives 

and the Committee on Health, Education, Labor, and Pensions of 

the Senate with respect to any agreement entered into between the 

Secretary of Education and Gallaudet University, and the institution of higher education with which the Secretary has an agreement under part B of title I. 

* * * * * * * 

SEC. 209. INTERNATIONAL STUDENTS. 

(a) ENROLLMENT.—øEffective with¿ 

(1) IN GENERAL.—Except as provided in paragraph (2), effective with new admissions for academic year 1993–1994 and 

each succeeding academic year, the University (including øpreparatory, undergraduate,¿ undergraduate and graduate students) and NTID shall limit the enrollment of international 

students to approximately 15 percent of the total postsecondary student population enrolled respectively at the UniverVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00720 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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sity or NTID, except that in any school year no United States 

citizen who is qualified to be admitted to the University or 

NTID and applies for admission to the University or NTID 

shall be denied admission because of the admission of an international student. 

(2) DISTANCE LEARNING.—International students who participate in distance learning courses that are at NTID or the University and who are residing outside of the United States 

shall— 

(A) not be counted as international students for purposes 

of the cap on international students under paragraph (1), 

except that in any school year no United States citizen who 

applies to participate in distance learning courses that are 

at the University or NTID shall be denied participation in 

such courses because of the participation of an international student in such courses; and 

(B) not be charged a tuition surcharge, as described in 

subsection (b). 

ø(b) TUITION SURCHARGE.—Effective with new admissions, the 

tuition for postsecondary international students enrolled in the 

University (including preparatory, undergraduate, and graduate 

students) or NTID shall include a surcharge of 100 percent for the 

academic year 1999–2000 and any succeeding academic year. 

ø(c) REDUCTION OF SURCHARGE.—Beginning with the academic 

year 1993–1994, the University or NTID may reduce the surcharge 

under subsection (b) to 50 percent if— 

ø(1) a student described under subsection (b) is from a developing country; 

ø(2) such student is unable to pay the tuition surcharge 

under subsection (b); and 

ø(3) such student has made a good faith effort to secure aid 

through such student’s government or other sources. 

ø(d) DEFINITION.—For purposes of subsection (c), the term ‘‘developing country’’ means a country that has a 1990 per capita income 

not in excess of $4,000 in 1990 United States dollars.¿ 

(b) TUITION SURCHARGE.—Except as provided in subsections 

(a)(2)(B) and (c), the tuition for postsecondary international students enrolled in the University (including undergraduate and 

graduate students) or NTID shall include, for academic year 2008– 

2009 and any succeeding academic year, a surcharge of— 

(1) 100 percent for a postsecondary international student from 

a non-developing country; and 

(2) 50 percent for a postsecondary international student from 

a developing country. 

(c) REDUCTION OF SURCHARGE.— 

(1) IN GENERAL.—Beginning with the academic year 2008– 

2009, the University or NTID may reduce the surcharge— 

(A) under subsection (b)(1) from 100 percent to not less 

than 50 percent if— 

(i) a student described under subsection (b)(1) demonstrates need; and 

(ii) such student has made a good-faith effort to secure aid through such student’s government or other 

sources; and 


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720 

(B) under subsection (b)(2) from 50 percent to not less 

than 25 percent if— 

(i) a student described under subsection (b)(2) demonstrates need; and 

(ii) such student has made a good faith effort to secure aid through such student’s government or other 

sources. 

(2) DEVELOPMENT OF SLIDING SCALE.—The University and 

NTID shall develop a sliding scale model that— 

(A) will be used to determine the amount of a tuition surcharge reduction pursuant to paragraph (1); and 

(B) shall be approved by the Secretary. 

(d) DEFINITION.—In this section, the term ‘‘developing country’’ means a country with a per-capita income of not more than $4,825, 

measured in 1999 United States dollars, as adjusted by the Secretary to reflect inflation since 1999. 

SEC. 210. RESEARCH PRIORITIES. 

(a) * * * 

(b) RESEARCH REPORTS.—The University and NTID shall each 

prepare and submit an annual research report, to the Secretary, 

the øCommittee on Education and the Workforce of the House of 

Representatives, and the Committee on Labor and Human Resources of the Senate¿ Committee on Education and Labor of the 

House of Representatives, and the Committee on Health, Education, 

Labor, and Pensions of the Senate, not later than January 10 of 

each year, that shall include— 

(1) * * * 

* * * * * * * 

SEC. 211. NATIONAL STUDY ON THE EDUCATION OF THE DEAF. 

(a) CONDUCT OF STUDY.— 

(1) IN GENERAL.—The Secretary shall establish a commission 

on the education of the deaf (in this section referred to as the 

‘‘commission’’) to conduct a national study on the education of 

the deaf, to identify education-related barriers to successful 

postsecondary education experiences and employment for individuals who are deaf, and those education-related factors that 

contribute to successful postsecondary education experiences 

and employment for individuals who are deaf. 

* * * * * * * 

(b) PUBLIC INPUT AND CONSULTATION.— 

(1) IN GENERAL.—In conducting such study, the øSecretary¿ 

commission shall obtain input from the public. To obtain such 

input, the øSecretary¿ commission shall— 

(A) * * * 

* * * * * * * 

(C) take such other action as the øSecretary¿ commission deems appropriate, which may include holding public 

meetings. 

(2) STRUCTURED OPPORTUNITIES.—The øSecretary¿ commission shall provide structured opportunities to receive and respond to the viewpoints of the individuals and organizations 

described in paragraph (1)(B). 


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721 

(c) REPORT.—The øSecretary shall report to Congress not later 

than 18 months after the date of enactment of the Education of the 

Deaf Amendments of 1998¿ commission shall report to the Secretary and Congress not later than 18 months after the date of the 

enactment of the College Opportunity and Affordability Act of 2007 

regarding the results of the study. The report shall contain— 

(1) ørecommendations,¿ recommendations relating to educated-related factors that contribute to successful postsecondary 

education experiences and employment for individuals who are 

deaf, including recommendations for legislation, that the øSecretary¿ commission deems appropriate; and 

(2) a detailed summary of the input received under subsection (b) and the ways in which the report addresses such 

input. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated ø$1,000,000 for each of the fiscal years 1999 and 

2000¿ such sums as may be necessary for each of the fiscal years 

2008 and 2009 to carry out the provisions of this section. 

SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

(a) GALLAUDET UNIVERSITY.—There are authorized to be appropriated such sums as may be necessary for each of the øfiscal years 

1998 through 2003¿ fiscal years 2008 through 2013 to carry out the 

provisions of title I and this title, relating to— 

(1) * * * 

* * * * * * * 

(b) NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.—There are 

authorized to be appropriated such sums as may be necessary for 

each of the øfiscal years 1998 through 2003¿ fiscal years 2008 

through 2013 to carry out the provisions of title I and this title relating to the National Technical Institute for the Deaf. 

* * * * * * * 

TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY 

ASSISTANCE ACT OF 1978 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, øThat this Act 

may be cited as the ‘‘Tribally Controlled College or University Assistance Act of 1978’’.¿ 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Tribally Controlled Colleges and 

Universities Assistance Act of 1978’’. 

DEFINITIONS

SEC. 2. (a) For purposes of this Act, the term— 

(1) * * * 

* * * * * * * 

(6) ‘‘national Indian organization’’ means an organization which 

the Secretary finds is nationally based, represents a substantial Indian constituency, and has expertise øin the field of Indian education¿ in the fields of tribally controlled colleges and universities 

and Indian higher education; 


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722 

(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; 

ø(7)¿ (8) ‘‘Indian student count’’ means a number equal to the 

total number of Indian students enrolled in each tribally controlled 

college or university, determined in a manner consistent with subsection (b) of this section on the basis of the quotient of the sum 

of the credit hours of all Indian students so enrolled, divided by 

twelve; and 

ø(8)¿ (9) ‘‘satisfactory progress toward a degree or certificate’’ has 

the meaning given to such term by the institution at which the student is enrolled. 

(b) The following conditions shall apply for the purpose of determining the Indian student count pursuant to øparagraph (7) of 

subsection (a)¿ subsection (a)(8): 

(1) * * * 

* * * * * * * 

ø(5) Credits earned in a continuing education program shall 

be converted to a credit-hour basis in accordance with the tribally controlled college or university’s system for providing credit for participation in such program. 

ø(6) No credit hours earned by an Indian student who is not 

making satisfactory progress toward a degree or certificate, 

shall be taken into account.¿ 

(5) DETERMINATION OF CREDITS.—Eligible credits earned in a 

continuing education program— 

(A) shall be determined as 1 credit for every 10 contact 

hours in the case of an institution on a quarter system, or 

15 contact hours in the case of an institution on a semester 

system, of participation in an organized continuing education experience under responsible sponsorship, capable 

direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training; and 

(B) shall be limited to 10 percent of the Indian student 

count of a tribally controlled college or university. 

TITLE I—TRIBALLY CONTROLLED COLLEGES OR 

UNIVERSITIES 

* * * * * * * 

ELIGIBLE GRANT RECIPIENTS

SEC. 103. To be eligible for assistance under this title, a tribally 

controlled college or university must be one which— 

(1) * * * 

(2) demonstrates adherence to stated goals, a philosophy, or 

a plan of operation which is directed to meet the needs of Indians; øand¿ 

(3) if in operation for more than one year, has students a 

majority of whom are Indiansø.¿; and 

(4)(A) is accredited by a nationally recognized accrediting 

agency or association determined by the Secretary of Education 


bajohnson on PROD1PC71 with REPORTS
723 

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. 

* * * * * * * 

øTECHNICAL ASSISTANCE CONTRACTS

øSEC. 105. The Secretary shall¿ 

SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. 

(a) TECHNICAL ASSISTANCE.— 

(1) IN GENERAL.—The Secretary shall provide, upon request 

from a tribally controlled college or university which is receiving funds under section 108, technical assistance either directly or through contract. øIn the awarding of contracts for 

technical assistance, preference shall be given¿ 

(2) DESIGNATED ORGANIZATION.—The Secretary shall require 

that a contract for technical assistance under paragraph (1) 

shall be awarded to an organization designated by the tribally 

controlled college or university to be assisted. øNo authority¿ 

(b) EFFECT OF SECTION.—No authority to enter into contracts 

provided by this section shall be effective except to the extent authorized in advance by appropriations Acts. 

* * * * * * * 

AMOUNT OF GRANTS

SEC. 108. ø(a) Except as provided in section 111,¿ 

(a) REQUIREMENT.— 

(1) IN GENERAL.—Except as provided in paragraph (2) and 

section 111, the Secretary shall, subject to appropriations, 

grant for each academic year to each tribally controlled college 

or university having an application approved by øhim¿ the Secretary an amount equal to the øproduct of¿ product obtained 

by multiplying— 

ø(1)¿ (A) the Indian student count at such college or university during the academic year preceding the academic 

year for which such funds are being made available, as determined by the Secretary in accordance with øsection 

2(a)(7)¿ section 2(a)(8); and 

ø(2) $6,000,¿ (B) $8,000, as adjusted annually for inflation. 

øexcept that no grant shall exceed the total cost of the education 

program provided by such college or university.¿ 

(2) EXCEPTION.—The amount of a grant under paragraph (1) 

shall not exceed an amount equal to the total cost of the education program provided by the applicable tribally controlled 

college or university. 

* * * * * * * 

APPROPRIATION AUTHORIZATION

SEC. 110. (a)(1) There is authorized to be appropriated, for the 

purpose of carrying out section 105, $3,200,000 for fiscal year 


bajohnson on PROD1PC71 with REPORTS
724 

ø1999¿ 2008 and such sums as may be necessary for each of the 

ø4 succeeding¿ 5 succeeding fiscal years. 

(2) There is authorized to be appropriated for the purpose of carrying out section 107, ø$40,000,000¿ such sums as may be necessary for fiscal year ø1999¿ 2008 and such sums as may be necessary for each of the ø4 succeeding¿ 5 succeeding fiscal years. 

(3) There is authorized to be appropriated for the purpose of carrying out sections 112(b) and 113, ø$10,000,000¿ such sums as may 

be necessary for fiscal year ø1999¿ 2008 and such sums as may be 

necessary for each of the ø4 succeeding¿ 5 succeeding fiscal years. 

(4) Funds appropriated pursuant to the authorizations under this 

section for the fiscal year ø1999¿ 2008 and for each of the øsucceeding 4¿ 5 succeeding fiscal years shall be transferred by the Secretary of the Treasury through the most expeditious method available, with each of the tribally controlled colleges or universities 

being designated as its own certifying agency. 

* * * * * * * 

TITLE III—TRIBALLY CONTROLLED COLLEGE OR 

UNIVERSITY ENDOWMENT PROGRAM 

* * * * * * * 

AUTHORIZATION OF APPROPRIATIONS

SEC. 306. (a) There are authorized to be appropriated to carry 

out the provisions of this title, $10,000,000 for fiscal year ø1999¿ 

2008 and such sums as may be necessary for each of the ø4 succeeding¿ 5 succeeding fiscal years. 

* * * * * * * 

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 2008 and each fiscal year thereafter, the Secretary 

shall— 

(1) subject to subsection (b), select 2 tribally controlled postsecondary career and technical institutions to receive assistance 

under this title; and 

(2) provide funding to the selected tribally controlled postsecondary career and technical institutions to pay the costs (including institutional support costs) of operating postsecondary 

career and technical education programs for Indian students at 


bajohnson on PROD1PC71 with REPORTS
725 

the tribally controlled postsecondary career and technical institutions. 

(b) SELECTION OF CERTAIN INSTITUTIONS.— 

(1) REQUIREMENT.—For each fiscal year during which the 

Secretary determines that a tribally controlled postsecondary 

career and technical institution described in paragraph (2) 

meets the definition referred to in section 501, the Secretary 

shall select that tribally controlled postsecondary career and 

technical institution under subsection (a)(1) to receive funding 

under this section. 

(2) INSTITUTIONS.—The 2 tribally controlled postsecondary 

career and technical institutions referred to in paragraph (1) 

are— 

(A) the United Tribes Technical College; and 

(B) the Navajo Technical College. 

(c) METHOD OF PAYMENT.—For each applicable fiscal year, the 

Secretary shall provide funding under this section to each tribally 

controlled postsecondary career and technical institution selected for 

the fiscal year under subsection (a)(1) in a lump sum payment for 

the fiscal year. 

(d) DISTRIBUTION.— 

(1) IN GENERAL.—For fiscal year 2009 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— 

(A) the total amount appropriated for the tribally controlled postsecondary career and technical institution for 

fiscal year 2006; or 

(B) the total amount appropriated for the tribally controlled postsecondary career and technical institution for 

fiscal year 2008. 

(2) EXCESS AMOUNTS.—If, for any fiscal year, the amount 

made available pursuant to section 504 exceeds the sum of the 

amounts required to be distributed under paragraph (1) to the 

tribally controlled postsecondary career and technical institutions selected for the fiscal year under subsection (a)(1), the Secretary shall distribute to each tribally controlled postsecondary 

career and technical institution selected for that fiscal year a 

portion of the excess amount, to be determined by— 

(A) dividing the excess amount by the aggregate Indian 

student count (as defined in section 117(h) of the Carl D. 

Perkins Career and Technical Education Act of 2006 (20 

U.S.C. 2327(h))) of such institutions for the prior academic 

year; and 

(B) multiplying the quotient described in subparagraph 

(A) by the Indian student count of each such institution for 

the prior academic year. 

SEC. 503. APPLICABILITY OF OTHER LAWS. 

(a) IN GENERAL.—Paragraphs (4) and (7) of subsection (a), and 

subsection (b), of section 2, sections 105, 108, 111, 112 and 113, and 

titles II, III, and IV shall not apply to this title. 

(b) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE.— 

Funds made available pursuant to this title shall be subject to the 


bajohnson on PROD1PC71 with REPORTS
726 

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 College Opportunity and Affordability Act of 2007. 

(d) OTHER ASSISTANCE.—Eligibility for, or receipt of, assistance 

under this title shall not preclude the eligibility of a tribally controlled postsecondary career and technical institutions to receive 

Federal financial assistance under— 

(1) any program under the Higher Education Act of 1965 (20 

U.S.C. 1001 et seq.); 

(2) any program under the Carl D. Perkins Career and Technical Education Act of 2006; or 

(3) any other applicable program under which a benefit is 

provided for— 

(A) institutions of higher education; 

(B) community colleges; or 

(C) postsecondary educational institutions. 

SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are necessary for fiscal year 2008 and each fiscal year thereafter to carry 

out this title. 

SECTION 403 OF THE TRIBAL ECONOMIC DEVELOPMENT AND TECHNOLOGY RELATED EDUCATION ASSISTANCE ACT OF 1990 

SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated for grants under this 

subchapter, ø$2,000,000 for fiscal year 1999¿ such sums as may be 

necessary for fiscal year 2008 and such sums as may be necessary 

for each of the ø4 succeeding¿ 5 succeeding fiscal years. 

SECTION 117 OF THE CARL D. PERKINS CAREER AND 

TECHNICAL EDUCATION ACT OF 2006 

SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 

TECHNICAL INSTITUTIONS. 

ø(a) GRANTS AUTHORIZED.—The Secretary shall, subject to the 

availability of appropriations, make grants pursuant to this section 

to tribally controlled postsecondary career and technical institutions that are not receiving Federal support under the Tribally 

Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a 

et seq.) to provide basic support for the education and training of 

Indian students.¿ 

(a) GRANT PROGRAM.—Subject to the availability of appropriations, the Secretary shall make grants under this section, to provide 

basic support for the education and training of Indian students, to 


bajohnson on PROD1PC71 with REPORTS
727 

tribally controlled postsecondary career and technical institutions 

that are not receiving Federal assistance as of the date on which the 

grant is provided under— 

(1) title I of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or 

(2) the Navajo Community College Act (25 U.S.C. 640a et 

seq.). 

* * * * * * * 

ø(d) APPLICATIONS.—Any tribally controlled postsecondary career 

and technical institution that is not receiving Federal support 

under the Tribally Controlled College or University Assistance Act 

of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College 

Act (25 U.S.C. 640a et seq.) that desires to receive a grant under 

this section shall submit an application to the Secretary in such 

manner and form as the Secretary may require.¿ 

(d) APPLICATIONS.—To be eligible to receive a grant under this 

section, a tribally controlled postsecondary career and technical institution that is not receiving Federal assistance under title I of the 

Tribally Controlled College or University Assistance Act (25 U.S.C. 

1802 et 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. 

NAVAJO COMMUNITY COLLEGE ACT 

* * * * * * * 

PURPOSE

SEC. 2. It is the purpose of this Act to assist the øNavajo Tribe 

of Indians¿ Navajo Nation in providing education to the members 

of the tribe and other qualified applicants through a community 

college, established by that tribe, known as øthe Navajo Community College¿ Dine ́ College. 

GRANTS

SEC. 3. The Secretary of the Interior is authorized to make grants 

to the øNavajo Tribe of Indians¿ Navajo Nation to assist the tribe 

in the construction, maintenance, and operation of øthe Navajo 

Community College¿ Dine ́ College. Such college shall be designed 

and operated by the øNavajo Tribe¿ Navajo Nation to insure that 

the øNavajo Indians¿ Navajo people and other qualified applicants 

have educational opportunities which are suited to their unique 

needs and interests. 

STUDY OF FACILITIES NEEDS

SEC. 4. (a) The Secretary shall conduct a detailed survey and 

study of the academic facilities needs of øthe Navajo Community 

College¿ Dine ́ College, and shall report to the Congress not later 

than øAugust 1, 1979¿ October 31, 2010, the results of such survey 

and study. Such report shall include any recommendations or views 

submitted by the governing body of such College and by the governing body of the øNavajo Tribe¿ Navajo Nation, and shall include 

detailed recommendations by the Secretary as to the number, type, 


bajohnson on PROD1PC71 with REPORTS
728 

and cost of academic facilities which are required, ranking each 

such required facility by relative need. 

(b) Funds to carry out the purposes of this section may be drawn 

from general administrative appropriations to the Secretary made 

after øthe date of enactment of the Tribally Controlled Community 

College Assistance Act of 1978¿ October 1, 2007. (c) No later than March 1991, an inventory prepared by øthe 

Navajo Community College¿ Dine ́ College identifying repairs, alterations, and renovations to facilities required to meet health and 

safety standards shall be submitted to the Secretary and appropriate committees of Congress. Within 60 days following the receipt 

of such inventory, the Secretary shall review the inventory, evaluating the needs identified, and transmit the written comments of 

the Department of the Interior to the appropriate committees of 

Congress, together with the Department’s evaluation prepared by 

the health and safety division of the Bureau of Indian Affairs. 

AUTHORIZATION OF APPROPRIATIONS

SEC. 5. (a)(1) For the purpose of making construction grants 

under this Act, there are authorized to be appropriated ø$2,000,000 

for fiscal year 1999 and such sums as may be necessary for each 

of the 4 succeeding fiscal years.¿ such sums as are necessary for fiscal years 2008 through 2013. 

* * * * * * * 

(3) Sums described in paragraph (2) shall be used to provide 

grants for construction activities, including the construction of 

buildings, water and sewer facilities, roads, information technology 

and telecommunications infrastructure, classrooms, and external 

structures (such as walkways). 

(b)(1) There are authorized to be appropriated for grants to øthe 

Navajo Community College¿ Dine ́ Collegeø, for each fiscal year, an 

amount necessary to pay expenses incurred for—¿ such sums as 

are necessary for fiscal years 2008 through 2013 to pay the cost of— 

(A) the maintenance and operation of the øcollege¿ College, 

including— 

(i) basic, special, developmental, vocational, technical, 

and special handicapped education costsø,¿; 

(ii) annual capital expenditures, including equipment 

needs, minor capital improvements and remodeling 

projects, physical plant maintenance and operation costs, 

and exceptions and supplemental need accountø, and¿; 

and 

(iii) summer and special interest programsø,¿; 

(B) major capital improvements, including internal capital 

outlay funds and capital improvement projectsø,¿; 

(C) mandatory payments, including payments due on bonds, 

loans, notes, or lease purchasesø, and¿; 

(D) supplemental student services, including student housing, food service, and the provision of access to books and 

servicesø.¿; and 

(E) improving and expanding the College, including by providing, for the Navajo people and others in the community of 

the College— 

(i) higher education programs; 


bajohnson on PROD1PC71 with REPORTS
729 

(ii) career and technical education; 

(iii) activities relating to the preservation and protection 

of the Navajo language, philosophy, and culture; 

(iv) employment and training opportunities; 

(v) economic development and community outreach; and 

(vi) a safe learning, working, and living environment. 

* * * * * * * 

(c) The Secretary of the Interior is authorized and directed to establish by rule procedures to insure that all funds appropriated 

under this Act are properly identified for grants to øthe Navajo 

Community College¿ Dine ́ Collegee and that such funds are not 

commingled with appropriations historically expended by the Bureau of Indian Affairs for programs and projects normally provided 

on the Navajo Reservation for Navajo beneficiaries. 

EFFECT ON OTHER LAWS

SEC. 6. (a) Except as specifically provided by law, eligibility for 

assistance under this Act shall not, by itself, preclude the eligibility 

of øthe Navajo Community College¿ Dine ́ College to receive Federal 

financial assistance under any program authorized under the Higher Education Act of 1965 or any other applicable program for the 

benefit of institutions of higher education, community colleges, or 

postsecondary educational institutions. 

(b) Notwithstanding any other provision of law, funds provided 

under this Act to øthe Navajo Community College¿ Dine ́ College 

may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law which requires that non-Federal or private funds of the øcollege¿ College be used in a project 

or for a specific purpose. 

PAYMENTS; INTEREST

SEC. 7. (a) * * * 

* * * * * * * 

(b)(1)(A) Notwithstanding any provision of law other than subparagraph (B), any interest or investment income that accrues on 

any funds provided under this Act after such funds are paid to øthe 

Navajo Community College¿ Dine ́ College and before such funds 

are expended for the purpose for which such funds were provided 

under this Act shall be the property of øthe Navajo Community 

College¿ Dine ́ College and shall not be taken into account by any 

officer or employee of the Federal Government in determining 

whether to provide assistance, or the amount of assistance, to øthe 

Navajo Community College¿ Dine ́ College under any provision of 

Federal law. 

(B) All interest or investment income described in subparagraph 

(A) shall be expended by øthe Navajo Community College¿ Dine ́

College by no later than the close of the fiscal year succeeding the 

fiscal year in which such interest or investment income accrues. 

(2) Funds provided under this Act may only be invested by øthe 

Navajo Community College¿ Dine ́ College in obligations of the 

United States or in obligations or securities that are guaranteed or 

insured by the United States. 


bajohnson on PROD1PC71 with REPORTS
730 

HIGHER EDUCATION AMENDMENTS OF 1998 

* * * * * * * 

TITLE VIII—STUDIES, REPORTS, AND 

RELATED PROGRAMS 

Part A—STUDIES 

øSEC. 801. STUDY OF MARKET MECHANISMS IN FEDERAL STUDENT 

LOAN PROGRAMS. 

ø(a) STUDY REQUIRED.—The Comptroller General and the Secretary of Education shall convene a study group including the Secretary of the Treasury, the Director of the Office of Management 

and Budget, the Director of the Congressional Budget Office, representatives of entities making loans under part B of title IV of the 

Higher Education Act of 1965, representatives of other entities in 

the financial services community, representatives of other participants in the student loan programs, and such other individuals as 

the Comptroller General and the Secretary may designate. The 

Comptroller General and Secretary, in consultation with the study 

group, shall design and conduct a study to identify and evaluate 

means of establishing a market mechanism for the delivery of loans 

made pursuant to such title IV. 

ø(b) DESIGN OF STUDY.—The study required under this section 

shall identify not fewer than 3 different market mechanisms for 

use in determining lender return on student loans while continuing 

to meet the other objectives of the programs under parts B and D 

of such title IV, including the provision of loans to all eligible students. Consideration may be given to the use of auctions and to the 

feasibility of incorporating income-contingent repayment options 

into the student loan system and requiring borrowers to repay 

through income tax withholding. 

ø(c) EVALUATION OF MARKET MECHANISMS.—The mechanisms 

identified under subsection (b) shall be evaluated in terms of the 

following areas: 

ø(1) The cost or savings of loans to or for borrowers, including parent borrowers. 

ø(2) The cost or savings of the mechanism to the Federal 

Government. 

ø(3) The cost, effect, and distribution of Federal subsidies to 

or for participants in the program. 

ø(4) The ability of the mechanism to accommodate the potential distribution of subsidies to students through an incomecontingent repayment option. 

ø(5) The effect on the simplicity of the program, including 

the effect of the plan on the regulatory burden on students, institutions, lenders, and other program participants. 

ø(6) The effect on investment in human capital and resources, loan servicing capability, and the quality of service to 

the borrower. 

ø(7) The effect on the diversity of lenders, including community-based lenders, originating and secondary market lenders. 

ø(8) The effect on program integrity. 


bajohnson on PROD1PC71 with REPORTS
731 

ø(9) The degree to which the mechanism will provide market 

incentives to encourage continuous improvement in the delivery and servicing of loans. 

ø(10) The availability of loans to students by region, income 

level, and by categories of institutions. 

ø(11) The proposed Federal and State role in the operation 

of the mechanism. 

ø(12) A description of how the mechanism will be administered and operated. 

ø(13) Transition procedures, including the effect on loan 

availability during a transition period. 

ø(14) Any other areas the study group may include. 

ø(d) PRELIMINARY FINDINGS AND PUBLICATION OF STUDY.—Not 

later than November 15, 2000, the study group shall make the 

group’s preliminary findings, including any additional or dissenting 

views, available to the public with a 60-day request for public comment. The study group shall review these comments and the Comptroller General and the Secretary shall transmit a final report, including any additional or dissenting views, to the Committee on 

Education and the Workforce of the House of Representatives, the 

Committee on Labor and Human Resources of the Senate, and the 

Committees on the Budget of the House of Representatives and the 

Senate not later than May 15, 2001. 

øSEC. 802. STUDY OF THE FEASIBILITY OF ALTERNATIVE FINANCIAL 

INSTRUMENTS FOR DETERMINING LENDER YIELDS. 

ø(a) STUDY REQUIRED.—The Comptroller General and the Secretary of Education shall convene a study group including the Secretary of the Treasury, the Director of the Office of Management 

and Budget, the Director of the Congressional Budget Office, representatives of entities making loans under part B of title IV of the 

Higher Education Act of 1965, representatives of other entities in 

the financial services community, representatives of other participants in the student loan programs, and such other individuals as 

the Comptroller General and the Secretary of Education may designate. The Comptroller General and the Secretary of Education, in 

consultation with the study group, shall evaluate the 91-day Treasury bill, 30-day and 90-day commercial paper, and the 90-day London Interbank Offered Rate (in this section referred to as ‘‘LIBOR’’) 

in terms of the following: 

ø(1) The historical liquidity of the market for each, and a 

historical comparison of the spread between: (A) the 30-day 

and 90-day commercial paper rate, respectively, and the 91-day 

Treasury bill rate; and (B) the spread between the LIBOR and 

the 91-day Treasury bill rate. 

ø(2) The historical volatility of the rates and projections of 

future volatility. 

ø(3) Recent changes in the liquidity of the market for each 

such instrument in a balanced Federal budget environment 

and a low-interest rate environment, and projections of future 

liquidity assuming the Federal budget remains in balance. 

ø(4) The cost or savings to lenders with small, medium, and 

large student loan portfolios of basing lender yield on either 

the 30-day or 90-day commercial paper rate or the LIBOR 

while continuing to base the borrower rate on the 91-day 


bajohnson on PROD1PC71 with REPORTS
732 

Treasury bill, and the effect of such change on the diversity of 

lenders participating in the program. 

ø(5) The cost or savings to the Federal Government of basing 

lender yield on either the 30-day or 90-day commercial paper 

rate or the LIBOR while continuing to base the borrower rate 

on the 91-day Treasury bill. 

ø(6) Any possible risks or benefits to the student loan programs under the Higher Education Act of 1965 and to student 

borrowers. 

ø(7) Any other areas the Comptroller General and the Secretary of Education agree to include. 

ø(b) REPORT REQUIRED.—Not later than 6 months after the date 

of enactment of this Act, the Comptroller General and the Secretary shall submit a final report regarding the findings of the 

study group to the Committee on Education and the Workforce of 

the House of Representatives and the Committee on Labor and 

Human Resources of the Senate. 

øSEC. 803. STUDENT-RELATED DEBT STUDY REQUIRED. 

ø(a) IN GENERAL.—The Secretary of Education shall conduct a 

study that analyzes the distribution and increase in student-related debt in terms of— 

ø(1) demographic characteristics, such as race or ethnicity, 

and family income; 

ø(2) type of institution and whether the institution is a public or private institution; 

ø(3) loan source, such as Federal, State, institutional or 

other, and, if the loan source is Federal, whether the loan is 

or is not subsidized; 

ø(4) academic field of study; 

ø(5) parent loans, and whether the parent loans are federally 

guaranteed, private, or property-secured such as home equity 

loans; and 

ø(6) relation of student debt or anticipated debt to— 

ø(A) students’ decisions about whether and where to enroll in college and whether or how much to borrow in order 

to attend college; 

ø(B) the length of time it takes students to earn baccalaureate degrees; 

ø(C) students’ decisions about whether and where to attend graduate school; 

ø(D) graduates’ employment decisions; 

ø(E) graduates’ burden of repayment as reflected by the 

graduates’ ability to save for retirement or invest in a 

home; and 

ø(F) students’ future earnings. 

ø(b) REPORT.—After conclusion of the study required by subsection (a), the Secretary of Education shall submit a final report 

regarding the findings of the study to the Committee on Labor and 

Human Resources of the Senate and the Committee on Education 

and the Workforce of the House of Representatives not later than 

18 months after the date of enactment of the Higher Education 

Amendments of 1998. 

ø(c) INFORMATION.—After the study and report under this section 

are concluded, the Secretary of Education shall determine which 

information described in subsection (a) would be useful for families 


bajohnson on PROD1PC71 with REPORTS
733 

to know and shall include such information as part of the comparative information provided to families about the costs of higher education under the provisions of part C of title I.¿ 

* * * * * * * 

øPart C—COMMUNITY SCHOLARSHIP 

MOBILIZATION 

øSEC. 811. SHORT TITLE. 

øThis part may be cited as the ‘‘Community Scholarship Mobilization Act’’. 

øSEC. 812. FINDINGS. 

øCongress finds that— 

ø(1) the local community, when properly organized and challenged, is one of the best sources of academic support, motivation toward achievement, and financial resources for aspiring 

postsecondary students; 

ø(2) local communities, working to complement or augment 

services currently offered by area schools and colleges, can 

raise the educational expectations and increase the rate of 

postsecondary attendance of their youth by forming locally 

based organizations that provide both academic support (including guidance, counseling, mentoring, tutoring, encouragement, and recognition) and tangible, locally raised, effectively 

targeted, publicly recognized, financial assistance; 

ø(3) proven methods of stimulating these community efforts 

can be promoted through Federal support for the establishment of regional, State, or community program centers to organize and challenge community efforts to develop educational 

incentives and support for local students; and 

ø(4) using Federal funds to leverage private contributions to 

help students from low-income families attain educational and 

career goals is an efficient and effective investment of scarce 

taxpayer-provided resources. 

øSEC. 813. DEFINITIONS. 

øIn this part: 

ø(1) REGIONAL, STATE, OR COMMUNITY PROGRAM CENTER.— 

The term ‘‘regional, State, or community program center’’ 

means an organization that— 

ø(A) is a division or member of, responsible to, and overseen by, a national organization; and 

ø(B) is staffed by professionals trained to create, develop, 

and sustain local entities in towns, cities, and neighborhoods. 

ø(2) LOCAL ENTITY.—The term ‘‘local entity’’ means an organization that— 

ø(A) is a nonprofit 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 

shall meet this criteria through affiliation with the national organization); 


bajohnson on PROD1PC71 with REPORTS
734 

ø(B) is formed for the purpose of providing educational 

scholarships and academic support for residents of the 

local community served by such organization; 

ø(C) solicits broad-based community support in its academic support and fund-raising activities; 

ø(D) is broadly representative of the local community in 

the structures of its volunteer-operated organization and 

has a board of directors that includes leaders from local 

neighborhood organizations and neighborhood residents, 

such as school or college personnel, parents, students, community agency representatives, retirees, and representatives of the business community; 

ø(E) awards scholarships without regard to age, sex, 

marital status, race, creed, color, religion, national origin, 

or disability; and 

ø(F) gives priority to awarding scholarships for postsecondary education to deserving students from low-income 

families in the local community. 

ø(3) NATIONAL ORGANIZATION.—The term ‘‘national organization’’ means an organization that— 

ø(A) has the capacity to create, develop and sustain local 

entities and affiliated regional, State, or community program centers; 

ø(B) has the capacity to sustain newly created local entities in towns, cities, and neighborhoods through ongoing 

training support programs; 

ø(C) 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; 

ø(D) is a publicly supported organization within the 

meaning of section 170(b)(1)(A)(iv) of such Code; 

ø(E) ensures that each of the organization’s local entities 

meet the criteria described in subparagraphs (C) and (D); 

and 

ø(F) has a program for or experience in cooperating with 

secondary and postsecondary institutions in carrying out 

the organization’s scholarship and academic support activities. 

ø(4) HIGH POVERTY AREA.—The term ‘‘high poverty area’’ 

means a community with a higher percentage of children from 

low-income families than the national average of such percentage and a lower percentage of children pursuing postsecondary 

education than the national average of such percentage. 

ø(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

ø(6) STUDENTS FROM LOW-INCOME FAMILIES.—The term ‘‘students from low-income families’’ means students determined, 

pursuant to part F of title IV of the Higher Education Act of 

1965 (20 U.S.C. 1087kk et seq.), to be eligible for a Federal 

Pell Grant under subpart 1 of part A of title IV of such Act (20 

U.S.C. 1070a). 

øSEC. 814. PURPOSE; ENDOWMENT GRANT AUTHORITY. 

ø(a) PURPOSE.—It is the purpose of this part to establish and 

support regional, State or community program centers to enable 

such centers to foster the development of local entities in high povVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00736 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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erty areas that promote higher education goals for students from 

low-income families by— 

ø(1) providing academic support, including guidance, counseling, mentoring, tutoring, and recognition; and 

ø(2) providing scholarship assistance for the cost of postsecondary education. 

ø(b) ENDOWMENT GRANT AUTHORITY.—From the funds appropriated pursuant to the authority of section 816, the Secretary 

shall award an endowment grant, on a competitive basis, to a national organization to enable such organization to support the establishment or ongoing work of regional, State or community program centers that foster the development of local entities in high 

poverty areas to improve secondary school graduation rates and 

postsecondary attendance through the provision of academic support services and scholarship assistance for the cost of postsecondary education. 

øSEC. 815. GRANT AGREEMENT AND REQUIREMENTS. 

ø(a) IN GENERAL.—The Secretary shall award one or more endowment grants described in section 814(b) pursuant to an agreement between the Secretary and a national organization. Such 

agreement shall— 

ø(1) require a national organization to establish an endowment fund in the amount of the grant, the corpus of which 

shall remain intact and the interest income from which shall 

be used to support the activities described in paragraphs (2) 

and (3); 

ø(2) require a national organization to use 70 percent of the 

interest income from the endowment fund in any fiscal year to 

support the establishment or ongoing work of regional, State or 

community program centers to enable such centers to work 

with local communities to establish local entities in high poverty areas and provide ongoing technical assistance, training 

workshops, and other activities to help ensure the ongoing success of the local entities; 

ø(3) require a national organization to use 30 percent of the 

interest income from the endowment fund in any fiscal year to 

provide scholarships for postsecondary education to students 

from low-income families, which scholarships shall be matched 

on a dollar-for-dollar basis from funds raised by the local entities; 

ø(4) require that at least 50 percent of all the interest income from the endowment be allocated to establish new local 

entities or support regional, State or community program centers in high poverty areas; 

ø(5) require a national organization to submit, for each fiscal 

year in which such organization uses the interest from the endowment fund, a report to the Secretary that contains— 

ø(A) a description of the programs and activities supported by the interest on the endowment fund; 

ø(B) the audited financial statement of the national organization for the preceding fiscal year; 

ø(C) a plan for the programs and activities to be supported by the interest on the endowment fund as the Secretary may require; 


bajohnson on PROD1PC71 with REPORTS
736 

ø(D) an evaluation of the programs and activities supported by the interest on the endowment fund as the Secretary may require; and 

ø(E) data indicating the number of students from low-income families who receive scholarships from local entities, 

and the amounts of such scholarships; 

ø(6) contain such assurances as the Secretary may require 

with respect to the management and operation of the endowment fund; and 

ø(7) contain an assurance that if the Secretary determines 

that such organization is not in substantial compliance with 

the provisions of this part, then the national organization shall 

pay to the Secretary an amount equal to the corpus of the endowment fund plus any accrued interest on such fund that is 

available to the national organization on the date of such determination. 

ø(b) RETURNED FUNDS.—All funds returned to the Secretary pursuant to subsection (a)(7) shall be available to the Secretary to 

carry out any scholarship or grant program assisted under title IV 

of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). 

øSEC. 816. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

$10,000,000 for fiscal year 2000. 

øPart D—GRANTS TO STATES FOR WORKPLACE 

AND COMMUNITY TRANSITION TRAINING 

FOR INCARCERATED YOUTH OFFENDERS 

øSEC. 821. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 

TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS. 

ø(a) FINDINGS.—Congress makes the following findings: 

ø(1) Over 150,000 youth offenders age 21 and younger are incarcerated in the Nation’s jails, juvenile facilities, and prisons. 

ø(2) Most youth offenders who are incarcerated have been 

sentenced as first-time adult felons. 

ø(3) Approximately 75 percent of youth offenders are high 

school dropouts who lack basic literacy and life skills, have little or no job experience, and lack marketable skills. 

ø(4) The average incarcerated youth has attended school only 

through grade 10. 

ø(5) Most of these youths can be diverted from a life of crime 

into productive citizenship with available educational, vocational, work skills, and related service programs. 

ø(6) If not involved with educational programs while incarcerated, almost all of these youths will return to a life of crime 

upon release. 

ø(7) The average length of sentence for a youth offender is 

about 3 years. Time spent in prison provides a unique opportunity for education and training. 

ø(8) Even with quality education and training provided during incarceration, a period of intense supervision, support, and 

counseling is needed upon release to ensure effective reintegration of youth offenders into society. 


bajohnson on PROD1PC71 with REPORTS
737 

ø(9) Research consistently shows that the vast majority of incarcerated youths will not return to the public schools to complete their education. 

ø(10) There is a need for alternative educational opportunities during incarceration and after release. 

ø(b) DEFINITION.—For purposes of this part, the term ‘‘youth offender’’ means a male or female offender under the age of 25, who 

is incarcerated in a State prison, including a prerelease facility. 

ø(c) GRANT PROGRAM.—The Secretary of Education (in this section referred to as the ‘‘Secretary’’) shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States, from allocations for the 

States under subsection (i), to assist and encourage incarcerated 

youths to acquire functional literacy, life, and job skills, through 

the pursuit of a postsecondary education certificate, or an associate 

of arts or bachelor’s degree while in prison, and employment counseling and other related services which start during incarceration 

and continue through prerelease and while on parole. 

ø(d) APPLICATION.—To be eligible for a grant under this section, 

a State correctional education agency shall submit to the Secretary 

a proposal for a youth offender program that— 

ø(1) identifies the scope of the problem, including the number of incarcerated youths in need of postsecondary education 

and vocational training; 

ø(2) lists the accredited public or private educational institution or institutions that will provide postsecondary educational 

services; 

ø(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; 

ø(4) describes the evaluation methods and performance 

measures that the State correctional education agency will employ, which methods and measures— 

ø(A) shall be appropriate to meet the goals and objectives of the proposal; and 

ø(B) shall include measures of— 

ø(i) program completion; 

ø(ii) student academic and vocational skill attainment; 

ø(iii) success in job placement and retention; and 

ø(iv) recidivism; 

ø(5) describes how the proposed programs are to be integrated with existing State correctional education programs 

(such as adult education, graduate education degree programs, 

and vocational training) and State industry programs; 

ø(6) addresses the educational needs of youth offenders who 

are in alternative programs (such as boot camps); and 

ø(7) describes how students will be selected so that only 

youth offenders eligible under subsection (f) will be enrolled in 

postsecondary programs. 

ø(e) PROGRAM REQUIREMENTS.—Each State correctional education agency receiving a grant under this section shall— 


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ø(1) integrate activities carried out under the grant with the 

objectives and activities of the school-to-work programs of such 

State, including— 

ø(A) work experience or apprenticeship programs; 

ø(B) transitional worksite job training for vocational 

education students that is related to the occupational goals 

of such students and closely linked to classroom and laboratory instruction; 

ø(C) placement services in occupations that the students 

are preparing to enter; 

ø(D) employment-based learning programs; and 

ø(E) programs that address State and local labor shortages; 

ø(2) annually report to the Secretary and the Attorney General on the results of the evaluations conducted using the 

methods and performance measures contained in the proposal; 

and 

ø(3) provide to each State for each student eligible under 

subsection (f) not more than $1,500 annually for tuition, books, 

and essential materials, and not more than $300 annually for 

related services such as career development, substance abuse 

counseling, parenting skills training, and health education, for 

each eligible incarcerated youth. 

ø(f) STUDENT ELIGIBILITY.—A youth offender shall be eligible for 

participation in a program receiving a grant under this section if 

the youth offender— 

ø(1) is eligible to be released within 5 years (including a 

youth offender who is eligible for parole within such time); and 

ø(2) is 25 years of age or younger. 

ø(g) LENGTH OF PARTICIPATION.—A State correctional education 

agency receiving a grant under this section shall provide educational and related services to each participating youth offender 

for a period not to exceed 5 years, 1 year of which may be devoted 

to study in a graduate education degree program or to remedial 

education services for students who have obtained a secondary 

school diploma or its recognized equivalent. Educational and related services shall start during the period of incarceration in prison or prerelease and may continue during the period of parole. 

ø(h) EDUCATION DELIVERY SYSTEMS.—State correctional education agencies and cooperating institutions shall, to the extent 

practicable, use high-tech applications in developing programs to 

meet the requirements and goals of this section. 

ø(i) ALLOCATION OF FUNDS.—From the funds appropriated pursuant to subsection ( j) for each fiscal year, the Secretary shall allot 

to each State an amount that bears the same relationship to such 

funds as the total number of students eligible under subsection (f) 

in such State bears to the total number of such students in all 

States. 

ø(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $17,000,000 for fiscal 

year 1999 and such sums as may be necessary for each of the 4 

succeeding fiscal years.¿ 


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739 

Part D—GRANTS FOR TRAINING FOR 

INCARCERATED INDIVIDUALS 

SEC. 821. GRANTS FOR IMPROVED WORKPLACE AND COMMUNITY 

TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS. 

(a) DEFINITION.—In this section: 

(1) INCARCERATED INDIVIDUAL.—The term ‘‘incarcerated individual’’ means a male or female offender who is incarcerated in 

a State or Federal prison, including a prerelease facility. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

Education. 

(b) GRANT PROGRAM.—The Secretary— 

(1) shall establish a program in accordance with this section 

to provide grants to the State correctional education agencies in 

the States, and to the Federal Bureau of Prisons, to assist and 

encourage incarcerated individuals to acquire educational and 

job skills, through— 

(A) coursework to prepare students to take college-level 

courses, such as remedial math and English for postsecondary preparation; 

(B) the pursuit of a postsecondary education certificate, 

or an associate or bachelor’s degree, provided by a regionally or nationally accredited body while in prison; and 

(C) employment counseling and other related services 

which start during incarceration and end not later than 1 

year after release from confinement; and 

(2) may establish such performance objectives and reporting 

requirements for State correctional education agencies and the 

Federal Bureau of Prisons 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 or the Federal Bureau of Prisons 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 vocational training; 

(2) lists the accredited public or private educational institution or institutions with campuses established outside the prison facility that will provide postsecondary preparatory or 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 or the Federal Bureau of 

Prisons 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 


bajohnson on PROD1PC71 with REPORTS
740 

(B) measures, consistent with the data elements and definitions described in subsection (d)(1)(A), of— 

(i) program completion, including an explicit definition of what constitutes a program completion within 

the proposal; 

(ii) knowledge and skill attainment, including specification of instruments that will measure knowledge 

and skill attainment; 

(iii) attainment of employment both prior to and subsequent to release; 

(iv) success in employment indicated by job retention 

and advancement; and 

(v) recidivism, including such subindicators as time 

before subsequent offense and severity of offense; 

(5) describes how the proposed programs are to be integrated 

with existing State and Federal correctional education programs (such as adult education, graduate education degree programs, and vocational training) and State and Federal prison 

industry programs; and 

(6) describes how the proposed programs will have considered 

or will utilize technology to deliver the services under this section. 

(d) PROGRAM REQUIREMENTS.—Each State correctional education 

agency and Federal Bureau of Prisons entity receiving a grant 

under this section shall— 

(1) annually report to the Secretary regarding— 

(A) the results of the evaluations conducted using data 

elements and definitions provided by the Secretary for the 

use of State correctional education programs and the Federal Bureau of Prisons; 

(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; and 

(D) how the funds provided under this section are being 

allocated among postsecondary preparatory education, postsecondary academic, and vocational education programs; 

and 

(2) provide to each State and the Federal Bureau of Prisons 

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) EDUCATION DELIVERY SYSTEMS.—State correctional education 

agencies, the Federal Bureau of Prisons, and cooperating institutions shall, to the extent practicable, use high-tech applications in 

developing programs to meet the requirements and goals of this section. 

(f) LENGTH OF PARTICIPATION.—Services carried out with a grant 

under this section shall be available to incarcerated individuals as 

follows: 


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(1) Educational services shall start during the period of incarceration or prerelease and shall end upon release. 

(2) Related services shall start during the period of incarceration or prerelease and may continue for not more than one 

year after release. 

(g) FEDERAL BUREAU OF PRISONS GRANT ELIGIBILITY.—Notwithstanding any other provision of law, the Federal Bureau of Prisons 

shall be eligible to apply for and receive a grant under this section, 

provided that the Federal Bureau of Prisons meets the application 

and program requirements under this section. 

(h) ALLOCATION OF FUNDS.— (1) STATES.—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 ratio to such funds as the 

total number of incarcerated individuals in such State bears to 

the total number of such incarcerated individuals in all States. 

(2) FEDERAL BUREAU OF PRISONS FACILITIES.—From the 

funds appropriated pursuant to subsection (h) for each fiscal 

year, the Secretary shall allot to each Federal Bureau of Prisons 

facility an amount that bears the same ratio to such funds as 

the total number of inmates in such facility bears to the total 

number of inmates in all Bureau of Prisons facilities. 

(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 4 succeeding fiscal years. 

* * * * * * * 

øPart F—IMPROVING UNITED STATES UNDERSTANDING OF SCIENCE, ENGINEERING, AND 

TECHNOLOGY IN EAST ASIA 

øSEC. 831. IMPROVING UNITED STATES UNDERSTANDING OF SCIENCE, 

ENGINEERING, AND TECHNOLOGY IN EAST ASIA. 

ø(a) ESTABLISHMENT.—The Director of the National Science 

Foundation is authorized, beginning in fiscal year 2000, to carry 

out an interdisciplinary program of education and research on East 

Asian science, engineering, and technology. The Director shall 

carry out the interdisciplinary program in consultation with the 

Secretary of Education. 

ø(b) PURPOSES.—The purposes of the program established under 

this section shall be to— 

ø(1) increase understanding of East Asian research, and innovation for the creative application of science and technology 

to the problems of society; 

ø(2) provide scientists, engineers, technology managers, and 

students with training in East Asian languages, and with an 

understanding of research, technology, and management of innovation, in East Asian countries; 

ø(3) provide program participants with opportunities to be 

directly involved in scientific and engineering research, and activities related to the management of scientific and technological innovation, in East Asia; and 

ø(4) create mechanisms for cooperation and partnerships 

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profit institutions, Federal laboratories (within the meaning of 

section 4(6) of the Stevenson-Wydler Technology Innovation 

Act of 1980 (15 U.S.C. 3703(6))), and government, to disseminate the results of the program assisted under this section for 

the benefit of United States research and innovation. 

ø(c) PARTICIPATION BY FEDERAL SCIENTISTS, ENGINEERS, AND

MANAGERS.—Scientists, engineers, and managers of science and engineering programs in Federal agencies and the Federal laboratories shall be eligible to participate in the program assisted under 

this section on a reimbursable basis. 

ø(d) REQUIREMENT FOR MERIT REVIEW.—Awards made under the 

program established under this section shall only be made using a 

competitive, merit-based review process. 

ø(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $10,000,000 for fiscal year 

2000.¿ 

* * * * * * * 

Part H—UNDERGROUND RAILROAD 

SEC. 841. UNDERGROUND RAILROAD EDUCATIONAL AND CULTURAL 

PROGRAM. 

(a) * * * 

* * * * * * * 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out øthis section $6,000,000 for fiscal year 

1999, $6,000,000 for fiscal year 2000, $6,000,000 for fiscal year 

2001, $3,000,000 for fiscal year 2002, and $3,000,000 for fiscal year 

2003.¿ this section $3,000,000 for fiscal years 2009 and the 4 succeeding fiscal years. 

* * * * * * * 

øPart J—WEB-BASED EDUCATION COMMISSION 

øSEC. 851. DEFINITIONS. 

ø(a) IN GENERAL.—This part may be cited as the ‘‘Web-Based 

Education Commission Act’’. 

ø(b) DEFINITIONS.—In this part: 

ø(1) COMMISSION.—The term ‘‘Commission’’ means the WebBased Education Commission established under section 852. 

ø(2) INFORMATION TECHNOLOGY.—The term ‘‘information 

technology’’ has the meaning given that term in section 5002 

of the Information Technology Management Reform Act of 

1996 (110 Stat. 679). 

ø(3) STATE.—The term ‘‘State’’ means each of the several 

States of the United States and the District of Columbia. 

øSEC. 852. ESTABLISHMENT OF WEB-BASED EDUCATION COMMISSION. 

ø(a) ESTABLISHMENT.—There is established a commission to be 

known as the Web-Based Education Commission. 

ø(b) MEMBERSHIP.— 

ø(1) COMPOSITION.—The Commission shall be composed of 16 

members, of which— 


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743 

ø(A) three members shall be appointed by the President, 

from among individuals representing the Internet technology industry; 

ø(B) three members shall be appointed by the Secretary, 

from among individuals with expertise in accreditation, establishing statewide curricula, and establishing information technology networks pertaining to education curricula; 

ø(C) two members shall be appointed by the Majority 

Leader of the Senate; 

ø(D) two members shall be appointed by the Minority 

Leader of the Senate; 

ø(E) two members shall be appointed by the Speaker of 

the House of Representatives; 

ø(F) two members shall be appointed by the Minority 

Leader of the House of Representatives; 

ø(G) one member shall be appointed by the Chairperson 

of the Committee on Health, Education, Labor, and Pensions of the Senate from among members of the Senate; 

and 

ø(H) one member shall be appointed by the Chairperson 

of the Committee on Education and the Workforce of the 

House of Representatives from among members of the 

House of Representatives. 

ø(2) DATE.—The appointments of the members of the Commission shall be made not later than 45 days after the date of 

enactment of this Act. 

ø(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. 

ø(d) INITIAL MEETING.—Not later than 30 days after the date on 

which all members of the Commission have been appointed, the 

Commission shall hold the Commission’s first meeting. 

ø(e) MEETINGS.—The Commission shall meet at the call of the 

Chairperson. 

ø(f) QUORUM.—A majority of the members of the Commission 

shall constitute a quorum, but a lesser number of members may 

hold hearings. 

ø(g) CHAIRPERSON AND VICE CHAIRPERSON.—The Commission 

shall select a chairperson and vice chairperson from among the 

members of the Commission. 

øSEC. 853. DUTIES OF THE COMMISSION. 

ø(a) STUDY.— 

ø(1) IN GENERAL.—The Commission shall conduct a thorough 

study to assess the educational software available in retail 

markets for secondary and postsecondary students who choose 

to use such software. 

ø(2) PUBLIC HEARINGS.—As part of the study conducted 

under this subsection, the Commission shall hold public hearings in each region of the United States concerning the assessment referred to in paragraph (1). 

ø(3) EXISTING INFORMATION.—To the extent practicable, in 

carrying out the study under this subsection, the Commission 

shall identify and use existing information related to the assessment referred to in paragraph (1). 


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744 

ø(b) REPORT.—Not later than 12 months after the first meeting 

of the Commission, the Commission shall submit a report to the 

President and Congress that shall contain a detailed statement of 

the findings and conclusions of the Commission resulting from the 

study, together with the Commission’s recommendations— 

ø(1) for such legislation and administrative actions as the 

Commission considers to be appropriate; and 

ø(2) regarding the appropriate Federal role in determining 

quality educational software products. 

ø(c) FACILITATION OF EXCHANGE OF INFORMATION.—In carrying 

out the study under subsection (a), the Commission shall, to the extent practicable, facilitate the exchange of information concerning 

the issues that are the subject of the study among— 

ø(1) officials of the Federal Government, and State governments and political subdivisions of States; and 

ø(2) educators from Federal, State, and local institutions of 

higher education and secondary schools. 

øSEC. 854. POWERS OF THE COMMISSION. 

ø(a) HEARINGS.—The Commission may hold such hearings, sit 

and act at such times and places, take such testimony, and receive 

such evidence as the Commission considers advisable to carry out 

the duties of the Commission. 

ø(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission 

may request from the head of any Federal agency or instrumentality such information as the Commission considers necessary to 

carry out the provisions of this part. Each such agency or instrumentality shall, to the extent permitted by law and subject to the 

exceptions set forth in section 552 of title 5, United States Code 

(commonly referred to as the Freedom of Information Act), furnish 

such information to the Commission upon request. 

ø(c) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as other departments and agencies of the Federal Government. 

ø(d) GIFTS.—The Commission may accept, use, and dispose of 

gifts or donations of services or property. 

øSEC. 855. COMMISSION PERSONNEL MATTERS. 

ø(a) COMPENSATION OF MEMBERS.—Except as provided in subsection (b), each member of the Commission who is not an officer 

or employee of the Federal Government shall serve without compensation. All members of the Commission who are officers or employees of the United States shall serve without compensation in 

addition to that received for their services as officers or employees 

of the United States. 

ø(b) TRAVEL EXPENSES.—The members of the Commission shall 

be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away 

from their homes or regular places of business in the performance 

of services for the Commission. 

ø(c) STAFF.— ø(1) IN GENERAL.—The Chairperson of the Commission may, 

without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the CommisVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00746 Fmt 6659 Sfmt 6601 E:\HR\OC\HR500.XXX HR500

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sion to perform the Commission’s duties. The employment of 

an executive director shall be subject to confirmation by the 

Commission. 

ø(2) COMPENSATION.—The Chairperson of the Commission 

may fix the compensation of the executive director and other 

personnel without regard to the provisions of chapter 51 and 

subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay 

rates, except that the rate of pay for the executive director and 

other personnel may not exceed the rate payable for level V of 

the Executive Schedule under section 5316 of such title. 

ø(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of 

civil service status or privilege. 

ø(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV- ICES.—The Chairperson of the Commission may procure temporary 

and intermittent services under section 3109(b) of title 5, United 

States Code, at rates for individuals that do not exceed the daily 

equivalent of the annual rate of basic pay prescribed for level V of 

the Executive Schedule under section 5316 of such title. 

øSEC. 856. TERMINATION OF THE COMMISSION. 

øThe Commission shall terminate on the date that is 90 days 

after the date on which the Commission submits the Commission’s 

report under section 853(b). 

øSEC. 857. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There are authorized to be appropriated 

$450,000 for fiscal year 1999 to the Commission to carry out this 

part. 

ø(b) AVAILABILITY.—Any sums appropriated under the authorization contained in this section shall remain available, without fiscal 

year limitation, until expended.¿ 

* * * * * * * 

HIGHER EDUCATION AMENDMENTS OF 1992 

* * * * * * * 

TITLE XV—RELATED PROGRAMS AND 

AMENDMENTS TO OTHER LAWS 

* * * * * * * 

Part E—OLYMPIC SCHOLARSHIPS 

* * * * * * * 

SEC. 1543. OLYMPIC SCHOLARSHIPS. 

(a) * * * 

* * * * * * * 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $5,000,000 for fiscal year ø1999¿ 2009 and such 


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746 

sums as may be necessary for each of the 4 succeeding fiscal years 

to carry out this section. 

* * * * * * * 

DEPARTMENT OF EDUCATION ORGANIZATION ACT 

* * * * * * * 

TITLE II—ESTABLISHMENT OF THE DEPARTMENT 

* * * * * * * 

PRINCIPAL OFFICERS

SEC. 202. (a) * * * 

(b)(1) There shall be in the Department— 

(A) * * * 

* * * * * * * 

(E) an Assistant Secretary for Civil Rights; øand¿ 

(F) an Assistant Secretary for International and Foreign Language Education; and 

ø(F)¿ (G) a General Counsel. 

* * * * * * * 

(e) There shall be in the Department four additional officers who 

shall be appointed by the President, by and with the advice and 

consent of the Senate. The officers appointed under this subsection 

shall perform such functions as the Secretary shall prescribe, including— 

(1) * * * 

* * * * * * * 

(4) management and budget functions; and 

(5) planning, evaluation, and policy development functions, 

including development of policies to promote the efficient and 

coordinated administration of the Department and its programs and to encourage improvements in educationø; and¿. 

ø(6) functions related to encouraging and promoting the 

study of foreign languages and the study of cultures of other 

countries at the elementary, secondary, and postsecondary levels.¿ 

* * * * * * * 

(j) The Assistant Secretary for International and Foreign Language Education— 

(1) shall be an individual with extensive background and experience in international and foreign language education; and 

(2) notwithstanding any other provision of law, shall report 

directly to the Secretary. 

* * * * * * * 

OFFICE OF INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION

SEC. 207A. There shall be in the Department an Office of International and Foreign Language Education, to be administered by 

the Assistant Secretary for International and Foreign Language 

Education appointed under section 202(b). In addition to perVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00748 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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forming such functions affecting international and foreign language 

education as the Secretary may prescribe, the Assistant Secretary 

shall— 

(1) have responsibility for encouraging and promoting the 

study of foreign languages and the study of cultures of other 

countries at the elementary, secondary, and postsecondary levels 

in the United States; 

(2) carry out the administration of all Department programs 

on international and foreign language education and research; 

(3) coordinate with related international and foreign language education programs of other Federal departments and 

agencies; and 

(4) administer and coordinate the Department of Education’s 

activities in international affairs. 

* * * * * * * 

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 

1968 

TITLE I—JUSTICE SYSTEM IMPROVEMENT 

* * * * * * * 

Part JJ—LOAN REPAYMENT FOR 

PROSECUTORS AND PUBLIC DEFENDERS 

SEC. 3111. 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 local agency who— 

(A) is continually licensed to practice law; and 

(B) prosecutes criminal or juvenile delinquency cases (or 

both) at the State or local level, including an employee who 

supervises, educates, or trains 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 local agency 

who provides legal representation to indigent persons 

in criminal or juvenile delinquency cases (or both), including an attorney who supervises, educates, or trains 

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 such fulltime employment to providing legal representation to 

indigent persons in criminal or juvenile delinquency 

cases (or both), including an attorney who supervises, 


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748 

educates, or trains 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 

(or both). 

(3) STUDENT LOAN.—The term ‘‘student loan’’ means— 

(A) 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.); 

(B) 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 

(C) 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 

Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 

428H of such Act. 

(c) PROGRAM AUTHORIZED.—The Attorney General shall, subject 

to the availability of appropriations, 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 LOAN REPAYMENT.— (1) BORROWER AGREEMENT.—To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into 

a written agreement with the Attorney General 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 3 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; and 

(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. 

(2) REPAYMENT BY BORROWER.— 

(A) IN GENERAL.—Any amount repaid by, or recovered 

from, an individual or the estate of an individual under 


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749 

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. 

(C) WAIVER.—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. 

(3) LIMITATIONS.— 

(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan repayments made by the Attorney General under this section 

shall be made subject to the availability of appropriations, 

and 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 3 years. 

(f) AWARD BASIS; PRIORITY.— 

(1) AWARD BASIS.—The Attorney General shall provide repayment benefits under this section— 

(A) subject to the availability of appropriations; and 

(B) in accordance with paragraph (2), except that the Attorney General shall determine a fair allocation of repayment benefits among prosecutors and defenders, and among 

employing entities nationwide. 

(2) PRIORITY.—In providing repayment benefits under this 

section in any fiscal year, the Attorney General shall give priority to borrowers— 

(A) who, when compared to other eligible borrowers, have 

the least ability to repay their student loans (considering 

whether the borrower is the beneficiary of any other student 

loan repayment program), as determined by the Attorney 

General; or 

(B) who— 


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750 

(i) received repayment benefits under this section 

during the preceding fiscal year; and 

(ii) have completed less than 3 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. 

(h) REPORT BY INSPECTOR GENERAL.—Not later than 3 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 is authorized to 

be appropriated to carry out this section $25,000,000 for each of the 

fiscal years 2008 through 2013. 

TITLE 18, UNITED STATES CODE 

* * * * * * * 

Part I—CRIMES 

* * * * * * * 

CHAPTER 11—BRIBERY, GRAFT, AND CONFLICTS OF 

INTEREST 

* * * * * * * 

§ 209. Salary of Government officials and employees payable 

only by United States 

(a) * * * 

* * * * * * * 

(i) This section does not prohibit— 

(1) a public or private institution of higher education from 

providing an officer or employee of the executive 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: Provided, that such repaying or providing forbearance— 

(A) is not provided exclusively to officers and employees 

of the executive branch of the United States Government, of 

any independent agency of the United States, and of the 

District of Columbia; and 

(B) is provided to any such officer or employee— 


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751 

(i) in accordance with a written, published policy of 

the institution relating to repaying or providing forbearance, respectively, for students who perform public 

service; and 

(ii) under the same terms and conditions as are 

available under such policy to other students of the institution who are performing public service and who 

qualify for such repayment or forbearance; and 

(2) an officer or employee of the executive branch of the 

United States Government, of any independent agency of the 

United States, or of the District of Columbia from receiving repayment or forbearance permitted under paragraph (1). 

* * * * * * * 

STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT 

OF 1980 

* * * * * * * 

SEC. 5. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 

TECHNOLOGY. 

(a) * * * 

* * * * * * * 

(c) MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECH- NOLOGY OPPORTUNITY PROGRAM.— (1) IN GENERAL.—The Secretary shall establish a Minority 

Serving Institution Digital and Wireless Technology Opportunity Program to assist eligible institutions in acquiring, and 

augmenting their use of, digital and wireless networking technologies to improve the quality and delivery of educational services at eligible institutions. 

(2) 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 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; and 


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752 

(E) to foster the use of digital and wireless networking 

technology to improve research and education, including 

scientific, mathematics, engineering, and technology instruction. 

(3) 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 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 proposals 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 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. 

(D) INFORMATION DISSEMINATION.—The Secretary shall 

convene an annual meeting of eligible institutions receiving 


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grants, cooperative agreements, or contracts under this subsection to foster collaboration and capacity-building activities among eligible institutions. 

(E) 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 one-quarter 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. 

(F) AWARDS.— (i) 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. 

(ii) 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 education agency, 

local education agencies, institutions of higher education, community-based organizations, national nonprofit organizations, or businesses, including minority 

businesses. 

(iii) PLANNING GRANTS.—The Secretary may provide 

funds to develop strategic plans to implement such 

grants, cooperative agreements, or contracts. 

(iv) 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. 

(v) NEED.—In awarding funds under this subsection, 

the Secretary shall give priority to the institution with 

the greatest demonstrated need for assistance. 

(G) ANNUAL REPORT AND EVALUATION.— 

(i) ANNUAL REPORT REQUIRED FROM RECIPIENTS.— 

Each 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. 

(ii) INDEPENDENT ASSESSMENT.—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. The Assessments 

shall be conducted once every 3 years during the 10- 


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year period following the enactment of this subsection. 

The assessments shall include an evaluation of the effectiveness of the program 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; an evaluation of the effectiveness of the program in improving 

access to, and familiarity with, digital and wireless 

networking technology for students, faculty, and staff 

at all eligible institutions; an evaluation of the procedures established under paragraph (3)(A); and recommendations for improving the program, including 

recommendations concerning the continuing need for 

Federal support. In carrying out its assessments, the 

National Academy of Public Administration shall review the reports submitted to the Secretary under 

clause (i). 

(iii) REPORT TO CONGRESS.—Upon completion of 

each independent assessment carried out under clause 

(ii), 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. 

(H) DEFINITIONS.—In this subsection: 

(i) 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. 

(ii) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’ means an institution that is— 

(I) a historically Black college or university that 

is 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 described in section 

326(e)(1)(A), (B), or (C) of that Act (20 U.S.C. 

1063b(e)(1)(A), (B), or (C)), or a consortium of institutions described in this subparagraph; 

(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 tribally controlled 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 under 

section 317(b) of the Higher Education Act of 1965 

(20 U.S.C. 1059d(b)); 

(V) a Native Hawaiian-serving institution under 

section 317(b) of the Higher Education Act of 1965 

(20 U.S.C. 1059d(b)); or 

(VI) an institution of higher education (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))). 


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(iii) 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). 

(iv) 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). 

(v) 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))). 

(vi) 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. 

(vii) 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). 

(viii) 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). 

* * * * * * * 

TRUTH IN LENDING ACT 

* * * * * * * 

TITLE I—CONSUMER CREDIT COST 

DISCLOSURE 

CHAPTER 1—GENERAL PROVISIONS 

* * * * * * * 

§ 104. Exempted transactions 

This title does not apply to the following: 

(1) * * * 

* * * * * * * 

(3) Credit transactions, other than those in which a security 

interest is or will be acquired in real property, or in personal 

property used or expected to be used as the principal dwelling 

of the consumer and other than private educational loans (as 

that term is defined in section 140(a)), in which the total 

amount financed exceeds $25,000. 

* * * * * * * 

CHAPTER 2—CREDIT TRANSACTIONS 

Sec.


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121. General requirement of disclosure. 

* * * * * * * 

140. Preventing unfair and deceptive private educational lending practices and eliminating conflicts of interest. 

* * * * * * * 

§ 128. Consumer credit not under open end credit plans 

(a) * * * 

* * * * * * * 

(e) TERMS AND DISCLOSURE WITH RESPECT TO PRIVATE EDUCATIONAL LOANS.— 

(1) DISCLOSURES REQUIRED IN PRIVATE EDUCATIONAL LOAN

APPLICATIONS AND SOLICITATIONS.—In any application for a 

private educational loan, or a solicitation for a private educational loan without requiring an application, the creditor 

shall disclose to the borrower, clearly and conspicuously— 

(A) the potential range of rates of interest applicable to 

the private educational loan; 

(B) whether the rate of interest applicable to the private 

educational loan is fixed or variable; 

(C) limitations on interest rate adjustments, both in 

terms of frequency and amount, or the lack thereof; 

(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 educational loan; 

(G) the term of the private educational loan; 

(H) whether interest will accrue while the student to 

whom the private educational loan relates is enrolled at an 

institution of higher education; 

(I) payment deferral options, including whether the 

deferment would apply to interest or principal, or both; 

(J) general eligibility criteria for the private educational 

loan; 

(K) an example of the total cost of the private educational 

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 creditor; and 

(ii) calculated both with and without capitalization 

of interest, if that is an option for postponing interest 

payments; 

(L) a statement that an institution of higher education 

may have school-specific educational loan benefits and 

terms not detailed on the disclosure form; 

(M) that the borrower may qualify for Federal financial 

assistance through a program under title IV of the Higher 

Education Act of 1965, in lieu of, or in addition to, a loan 

from a non-Federal source; 


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757 

(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; 

(O) that the consumer may obtain additional information 

concerning such Federal financial assistance from their institution of higher education or at the website of the Department of Education; 

(P) that, as provided in paragraph (6)— 

(i) the borrower shall have up to 30 calendar days 

following the date on which the application for the private educational loan is approved and the borrower receives the disclosure documents required under this 

subsection for the loan to accept the terms of the private educational loan and consummate the transaction; 

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 creditor during that 30-day 

period; and 

(Q) such other information as the Board shall prescribe, 

by rule, as necessary or appropriate for consumers to make 

informed borrowing decisions. 

(2) WRITTEN ACKNOWLEDGMENT OF RECEIPT.—In each case in 

which a disclosure is provided pursuant to paragraph (1) and 

an application initiated, a creditor shall obtain a written acknowledgment from the consumer that the consumer has read 

and understood the disclosure. 

(3) DISCLOSURES AT THE TIME OF PRIVATE EDUCATIONAL LOAN

APPROVAL.—Subject to the rules of the Board, contemporaneously with the approval of a private educational loan application, and before the loan transaction is consummated, the creditor 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 

educational loan is fixed or variable; 

(C) limitations on interest rate adjustments, both in 

terms of frequency and amount, or the lack thereof; 

(D) the initial approved principal amount; 

(E) applicable finance charges, late fees, penalties, and 

adjustments to principal, based upon borrower defaults or 

late payments; 

(F) the maximum term under the private educational 

loan program; 

(G) 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 actually offered by 

the creditor, to the extent that such maximum rate may be 

determined, or if not, a good faith estimate thereof; 

(H) any principal and interest payments required while 

the student to whom the private educational loan relates is 

enrolled at an institution of higher education and interest 

which will accrue during such enrollment; 

(I) payment deferral options, including whether the 

deferment would apply to interest or principal, or both; 


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(J) whether monthly payments are graduated; 

(K) that, as provided in paragraph (7)— 

(i) the borrower shall have up to 30 calendar days 

following the date on which the application for the private educational loan is approved and the borrower receives the disclosure documents required under this 

subsection for the loan to accept the terms of the private educational loan and consummate the transaction; 

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 creditor during that 30-day 

period; 

(L) that the borrower may qualify for Federal financial 

assistance through a program under title IV of the Higher 

Education Act of 1965, in lieu of, or in addition to, a loan 

from a non-Federal source; 

(M) the interest rates available with respect to such Federal financial assistance through a program under title IV 

of the Higher Education Act of 1965; 

(N) the maximum monthly payment, calculated using the 

maximum rate of interest actually offered by the creditor, 

to the extent that such maximum rate may be determined, 

or if not, a good faith estimate thereof; and 

(O) such other information as the Board shall prescribe, 

by rule, as necessary or appropriate for consumers to make 

informed borrowing decisions. 

(4) PROVISION OF INFORMATION.—Before a creditor may issue 

any funds with respect to an extension of credit described in 

paragraph (1) for an amount equal to more than $1,000, the 

creditor shall notify the relevant institution of higher education, 

in writing, of the proposed extension of credit and the amount 

thereof. 

(5) DISCLOSURES AT THE TIME OF PRIVATE EDUCATIONAL LOAN

CONSUMMATION.—Subject to the regulations prescribed by the 

Board, contemporaneously with the consummation of a private 

educational loan, the creditor shall make each of the disclosures 

described in subparagraphs (A) through (J) and (L) through (O) 

of paragraph (3) to the borrower. 

(6) FORMAT OF DISCLOSURES.—Disclosures required under 

paragraphs (1), (3), and (5) shall appear in a clearly legible, 

uniform format, subject to section 122(c). 

(7) EFFECTIVE PERIOD OF APPROVED RATE OF INTEREST AND

LOAN TERMS.— 

(A) IN GENERAL.—With respect to a private educational 

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 following the date on which the 

application for the private educational loan is approved 

and the borrower receives the disclosure documents required under this subsection for the loan, and the rates and 

terms of the loan may not be changed by the creditor during that period, subject to the rules of the Board. 

(B) PROHIBITION ON CHANGES.—Except for changes based 

on adjustments to the index used for a loan, the rates and 


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terms of the loan may not be changed by the creditor 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 30-day period referred to in 

subparagraph (A). 

(C) PROHIBITION ON DISBURSEMENT.—No funds may be 

disbursed with respect to a private educational loan until 

acceptance of the loan by the borrower under subparagraph 

(A) and the expiration of the 3-day period under paragraph 

(7). 

(8) RIGHT TO CANCEL.—With respect to a private educational 

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, subject to the rules of the 

Board. No funds may be transferred to the borrower during 

that 3-day period. 

(9) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply: 

(A) INSTITUTION OF HIGHER EDUCATION.—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). 

(B) PRIVATE EDUCATIONAL LENDER.—The term ‘‘private 

educational lender’’ means any creditor engaged in the 

business of soliciting, making, or extending private educational loans. 

(C) PRIVATE EDUCATIONAL LOAN.—The term ‘‘private educational loan’’— 

(i) means a loan provided by a private educational 

lender that— 

(I) is not made, insured, or guaranteed under 

part B of title IV of the Higher Education Act of 

1965 (20 U.S.C. 1070 et seq.); and 

(II) is issued by a private educational 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, or whether the loan is provided through the 

educational institution that the subject student attends or directly to the borrower from the lender; 

and 

(ii) 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. 

* * * * * * * 

§ 130. Civil liability 

(a) Except as otherwise provided in this section, any creditor who 

fails to comply with any requirement imposed under this chapter, 

including any requirement under section 125, or chapter 4 or 5 of 


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this title with respect to any person is liable to such person in an 

amount equal to the sum of— 

(1) * * * 

* * * * * * * 

(3) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined 

to have a right of rescission under section 125 or section 

128(e)(8), the costs of the action, together with a reasonable attorney’s fee as determined by the court; and 

* * * * * * * 

In determining the amount of award in any class action, the court 

shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of 

compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional. In connection with the 

disclosures referred to in subsection (a) and (b) of section 127, a 

creditor shall have a liability determined under paragraph (2) only 

for failing to comply with the requirements of section 125, section 

127(a), or of paragraph (4), (5), (6), (7), (8), (9), or (10) of section 

127(b) or for failing to comply with disclosure requirements under 

State law for any term or item which the Board has determined to 

be substantially the same in meaning under section 111(a)(2) as 

any of the terms or items referred to in section 127(a) or any of 

those paragraphs of section 127(b). In connection with the disclosures referred to in subsection (c) or (d) of section 127, a card 

issuer shall have a liability under this section only to a cardholder 

who pays a fee described in section 127(c)(1)(A)(ii)(I) or section 

127(c)(4)(A)(i) or who uses the credit card or charge card. In connection with the disclosures referred to in section 128, a creditor 

shall have a liability determined under paragraph (2) only for failing to comply with the requirements of section ø125 or¿ 125, of 

paragraph (2) (insofar as it requires a disclosure of the ‘‘amount financed’’), (3), (4), (5), (6), or (9) of section 128(a), or of section 

128(e), or for failing to comply with disclosure requirements under 

State law for any term which the Board has determined to be substantially the same in meaning under section 111(a)(2) as any of 

the terms referred to in any of those paragraphs of section 128(a). 

With respect to any failure to make disclosures required under this 

chapter or chapter 4 or 5 of this title, liability shall be imposed 

only upon the creditor required to make disclosure, except as provided in section 131. 

* * * * * * * 

(e) Any action under this section may be brought in any United 

States district court, or in any other court of competent 

juridisdiction, within one year from the date of the occurrence of 

the violation or, in the case of a violation involving a private educational loan, 1 year from the date on which the first regular payment of principal is due under the loan. This subsection does not 

bar a person from asserting a violation of this title in an action to 

collect the debt which was brought more than one year from the 

date of the occurrence of the violation as a matter of defense by 

recoupment or set-off in such action, except as otherwise provided 


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by State law. An action to enforce a violation of section 129 may 

also be brought by the appropriate State attorney general in any 

appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which 

the violation occurs. The State attorney general shall provide prior 

written notice of any such civil action to the Federal agency responsible for enforcement under section 108 and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the 

State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may— 

(1) * * * 

* * * * * * * 

§ 140. Preventing unfair and deceptive private educational 

lending practices and eliminating conflicts of interest 

(a) DEFINITIONS.—For purposes of this section, the following definitions shall apply: 

(1) COVERED EDUCATIONAL INSTITUTION.—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 or employee of the educational institution. 

(2) GIFT.—The term ‘‘gift’’— 

(A) means any gratuity, favor, discount, entertainment, 

hospitality, loan, or other item having a monetary value of 

more than a de minimis amount, including 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; 

(B) does not include— 

(i) standard informational material related to a loan 

or financial literacy (such as a brochure); 

(ii) food, refreshments, training, or informational 

material furnished to an employee or agent of a covered 

educational institution, as an integral part of a training session that is designed to improve the service of 

the private educational lender to the covered educational institution, if such training contributes to the 

professional development of the employee or agent of 

the covered educational institution; or 

(iii) favorable terms, conditions, and borrower benefits on an educational loan provided to a student employed by the covered educational institution if such 

terms, conditions, or benefits are comparable to those 

provided to all students of the institution; and 

(C) includes a gift to a family member of an officer, employee, or agent of a covered institution, or a gift to any 

other individual based on that individual’s relationship 

with the officer, employee, or agent, if— 

(i) the gift is given with the knowledge and acquiescence of the officer, employee, or agent; and 


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(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) INSTITUTION OF HIGHER EDUCATION.—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) POSTSECONDARY EDUCATIONAL EXPENSE.—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) PRIVATE EDUCATIONAL LENDER.—The term ‘‘private educational lender’’ means a creditor which solicits, makes, or extends private educational loans. 

(6) PRIVATE EDUCATIONAL LOAN.—The term ‘‘private educational loan’’— 

(A) means a loan provided by a private educational lender that— 

(i) is not made, insured, or guaranteed under part B 

of title IV of the Higher Education Act of 1965 (20 

U.S.C. 1070 et seq.); and 

(ii) is issued by a private educational 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, or whether the loan is provided through the educational institution that the subject student attends or directly to the 

borrower from the lender; and 

(B) does not include an extension of credit under an open 

end consumer credit plan, a residential mortgage transaction, or any other loan that is secured by real property 

or a dwelling. 

(7) REVENUE SHARING.—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 educational loans to students attending the covered 

educational institution or to the parents of such students; 

(B) the covered educational institution recommends to 

students or others the private educational lender or the private educational loans of the private educational lender; 

and 

(C) the private educational lender pays a fee or provides 

other material benefits, including profit or revenue sharing, 

to the covered educational institution or to the officers, employees, or agents of the covered educational institution in 

connection with the private educational 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, including any officer or employee thereof, 

may not, directly or indirectly— 

(1) offer or provide any gift to a covered educational institution or a covered educational institution employee, nor may 


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763 

such covered educational institution, officer, or employee receive 

any such gift, in exchange for any advantage or consideration 

provided to such private educational lender related to its private educational 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 educational loans in any way that implies that the covered educational institution endorses the private educational loans 

offered by the lender. 

(d) BAN ON PARTICIPATION ON ADVISORY COUNCILS.— (1) IN GENERAL.—An officer, employee, or agent who is employed in the financial aid office of a covered institution, or who 

otherwise has responsibilities with respect to private educational loans, shall not serve on or otherwise participate with 

advisory councils of private educational lenders or affiliates of 

such lenders. 

(2) RULES OF CONSTRUCTION.—No provision of this subsection 

shall be construed as— 

(A) prohibiting private educational lenders from seeking 

advice from covered institutions or groups of covered institutions (including through telephonic or electronic means, 

or a meeting) in order to improve products and services for 

borrowers, to the extent that no gifts or compensation (including for transportation, lodging, or related expenses) are 

provided by private educational lenders in connection with 

seeking this advice from such institutions; or 

(B) prohibiting an employee, officer, or agent of a covered 

institution from serving on the board of directors of a private educational lender, if required by State law. 

(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, directly or indirectly, for 

early repayment or prepayment, of any private educational loan. 

* * * * * * * 

COMMUNITY REINVESTMENT ACT OF 1977 

* * * * * * * 

TITLE VIII—COMMUNITY REINVESTMENT 

* * * * * * * 

SEC. 804. (a) * * * 

* * * * * * * 

(d) LOW-COST EDUCATIONAL LOANS.—In assessing and taking 

into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider, as a factor, low-cost educational loans provided by the financial institution to low-income borrowers. 

* * * * * * * 


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XVIII. ADDITIONAL VIEWS

ADDITIONAL VIEWS 

Since its inception four decades ago, the Higher Education Act 

has provided hundreds of billions of dollars to students, as well as 

significant resources to colleges and universities themselves. The 

Higher Education Act is responsible for helping generations of 

American students successfully complete postsecondary studies and 

reap the benefits that come with higher education. The Act is 

unique in its focus on providing students with a portable funding 

source that they may use at the institution of their choosing, modeling the success that can be achieved through authentic educational choice. Yet despite this clear success, Committee Republicans believe the Higher Education Act has failed to achieve a fundamental goal: lowering the cost of college so that every American 

can achieve the dream of higher education. The Department of 

Education currently makes available $82 billion in student aid for 

higher education. This figure does not include student aid disbursed by other Federal agencies nor does the figure include the 

billions ‘‘spent’’ by the Federal government in the form of tax credits for higher education expenses. For every dollar increase in Federal student aid, it seems there is a larger dollar increase in college 

tuition. The result is an unending spiral of financial confusion that 

leaves far too many American students unable to pursue a college 

education. 

This reauthorization provides a vital opportunity to reassess the 

effectiveness of the Federal investment in higher education, realign 

our priorities to ensure that the focus of the Higher Education Act 

is students, and redefine what it means to hold colleges and universities accountable. Policymakers have an opportunity—and an 

obligation—to enact meaningful reforms on behalf of American students, families, and taxpayers. 

Historically speaking, and perhaps even more so today, Federal 

involvement in higher education is primarily viewed in financial 

terms. Committee Republicans believe this emphasis on funding 

has both positive and negative implications for students and taxpayers. On the positive side, Committee Republicans strongly believe that what has made the Higher Education Act so effective is 

that it targets funds directly to students. The Higher Education Act 

is a shining example of how educational freedom encourages competition and serves students by allowing them to make decisions 

about what educational opportunity will best meet their needs. On 

the negative side, however, Committee Republicans believe the vast 

Federal investment has allowed America’s higher education system 

to become complacent in its efforts to expand service, increase efficiency, hold down costs, and increase quality. Some would even 

argue that the infusion of Federal resources has stifled the type of 


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1See, e.g., UWM Post, Inc. v. Bd of Regents of the Univ. of Wis. Sys., 774 F. Supp. 1163 (E.D. 

Wis. 1991); Bair v. Shippensburg Univ., 280 F. Supp. 2d 357 (M.D. Pa. 2003); Doe v. Univ. of 

Mich., 721 F. Supp. 852 (E.D. Mich. 1989); Dambrot v. Central Mich. Univ., 55 F.3d 1177 (6th 

Cir. 1995). 

innovation and competition that would exist in a more demanddriven system that was not so dependent on third-party payments. 

Funding for higher education has indeed gone up dramatically in 

recent years. According to information from the College Board in 

its 2007 Trends in Student Aid report, federally-supported student 

aid programs have increased by 128 percent in the last decade. 

This includes increases in Pell Grants, Supplemental Educational 

Opportunity Grants, Federal Work Study, support for veterans and 

other military personnel, and student loans. 

Committee Republicans are proud of the financial commitment 

Congress has demonstrated in recent years toward higher education. This support will continue. However, Committee Republicans are concerned that the value of this investment may be diminished by a lack of market discipline, meaningful competition, 

and consumer awareness. As such, Committee Republicans believe 

that while the financial focus of the Higher Education Act is important to its success, there is also a need to refocus on the principles 

of access, accountability, affordability, and quality. Committee Republicans believe that, for the most part, H.R. 4137 achieves those 

principles. However, the principles could have been further enhanced through the acceptance of several key Republican amendments. 

Student speech and association rights 

Committee Republicans believe it is critical that students and 

members of the campus community are able to exercise their right 

to speak freely and express their views in organizations and events 

on campus. Therefore, Representative Mark Souder (R–IN) offered 

an amendment to adjust the existing Sense of Congress on Student 

Speech and Association Rights to ensure that institutions of higher 

education are protecting these rights for students. These rights include that students should be judged solely on their knowledge and 

reasoned answers; that student funds should be used to present diverse views at campus events, lectures and programs; that institutions should present students with an array of material in the instructional setting that includes dissenting views; and that students should not be unfairly punished because of their ideology or 

political beliefs. 

Beginning in the 1980s and 1990s, institutions began enacting 

harassment policies or ‘‘free speech codes,’’ institutional policies or 

regulations designed to prevent speech and expression that, in an 

off-campus environment, would otherwise be constitutionally protected. Courts have held that several of these policies and codes are 

too broad and vague to be constitutional.1 Committee Republicans 

encourage institutions to re-examine their speech codes to ensure 

compliance with the law. 

Further, Committee Republicans recognize that a good education 

involves free academic inquiry and thought in all fields of study. 

There is evidence to suggest, however, that both faculty and students have been harassed or discriminated against because of the 


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expression of their personal or professional judgments, opinions or 

beliefs that may be considered political, ideological or religious. 

Sometimes these opinions or beliefs may, in fact, be well-researched and intellectually informed, but because they are deemed 

controversial, the faculty or students who hold these beliefs may be 

harassed or limited in some way from academic or professional advancement. However, rather than put forward alternatives to our 

language, Committee Democrats simply chose to vote down this 

amendment by a 19–23 predominately party line vote. Committee 

Republicans believe that such discrimination discourages the type 

of intellectual curiosity necessary for a free, democratic society to 

flourish and we therefore encourage universities to promote intellectual pluralism within the context of the university’s institutional 

mission. This amendment was simply building on a Sense of Congress included under current law and would have demonstrated the 

Committee’s commitment to ensuring the free flow exchange of 

ideas on college campuses across the country. 

Performance pay 

One of the most important goals of the No Child Left Behind Act 

is to ensure that all public school students are taught by teachers 

with subject matter knowledge and teaching skills capable of effectively driving student learning gains in schools, particularly schools 

with high concentrations of low-income students. 

Committee Republicans are concerned that the manner in which 

public school teachers are generally compensated (paying teachers 

according to a structured scale on the basis of their level of education and number of years in the classroom, even though neither 

of these factors is necessarily associated with better teaching or 

higher student achievement) may work against the goals in No 

Child Left Behind. 

There is growing recognition that alternative compensation systems that reward teachers for demonstrated growth in student 

achievement can be a catalyst for school improvement and an important recruitment tool for school districts seeking talented prospective teachers. A study produced earlier this year by researchers 

at the University of Florida demonstrated that student learning increased when teachers were provided financial incentives. 

Representative Tom Price (R–GA) introduced an amendment that 

would have permitted grantees in the title II Partnership Grants 

program to develop performance pay systems for teachers. This authority, which is similar to language already in current law, would 

encourage greater experimentation with performance pay to build 

on efforts already underway across the country to capitalize on this 

promising teacher quality improvement strategy. Unfortunately, 

the Committee rejected this amendment by a vote of 16 to 26. 

Committee Republicans remain confident that this amendment 

permitting the development of performance pay systems would 

have allowed partnerships to implement reforms to teacher compensation systems that would result in improved learning environments and increased academic achievement for our nation’s neediest students. 


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Adjunct Teacher Corps 

School districts around the country are facing a shortage of qualified teachers in the fields of math, science, and critical foreign languages. A recent report cited by the U.S. Department of Education 

found that approximately one-third of middle and high school math 

and science teachers did not have a major or minor in their subject 

area or related discipline, with well over half of teachers in the 

physical sciences lacking such a degree. This shortage in qualified 

teachers in these high-need subjects has a profound impact on our 

country’s ability to produce graduates with the skills in these highneed fields necessary to maintain our competitiveness in the global 

economy. 

Representative Cathy McMorris Rodgers (R–WA) offered an 

amendment to address this issue by establishing an Adjunct Teacher Corps. This program would provide grants to local educational 

agencies and public or private educational organizations to recruit 

well-qualified individuals to serve as adjunct teachers in secondary 

school math, science, and critical foreign language courses. These 

individuals might be mid-career professionals with unique expertise and experiences that could fill gaping holes in schools’ teaching 

forces. The amendment would require school districts to provide adjunct teachers pre-service training and on-going mentoring by highly qualified teachers to ensure that the adjunct teachers have both 

the subject matter knowledge and pedagogical skills to be effective 

classroom instructors. 

Committee Republicans continue to believe that school districts 

must be granted more flexibility to make up for the shortfall in 

teachers prepared through the traditional pipeline with expertise 

in high-need fields. The Adjunct Teacher Corps would provide this 

flexibility by allowing schools to capitalize on the unique subject 

matter knowledge and experiences of individuals within the math, 

science, and critical foreign languages fields. Despite the talent 

that these individuals would bring to our nation’s schools through 

the Adjunct Teacher Corps, this amendment was rejected 19–25 in 

Committee. Committee Republicans look forward to working with 

Committee Democrats on this amendment before the bill is brought 

up on the Floor. 

Student Loan Auctions 

Committee Republicans remain concerned about the PLUS loan 

auction proposal included in The College Cost Reduction and Access Act, H.R. 2669. Under this proposal, the Department of Education is responsible for starting and managing 50 statewide auctions every two years. Committee Republicans have serious concerns about the Department of Education’s ability to manage this 

new complicated scheme. Further, Committee Republicans also 

have concerns about how the PLUS auction will complicate lending 

for parents. A parent with several children attending colleges in 

different States may be forced to take out PLUS loans from two or 

three different lenders, depending upon the lender that won the bid 

in each State. Such a process does nothing to simplify the loan 

process for families and in fact, has the potential to lead to greater 

confusion for students, parents and institutions. The College Opportunity and Affordability Act of 2007 includes an evaluation of 


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the auction proposal. While Committee Republicans support an 

evaluation, we believe that the simple amendment offered by Representative Mark Souder (R–IN) should have been adopted. Rep. 

Souder’s amendment did not abolish the auction. In fact, it did not 

even set a test through which the Secretary would be required to 

end the auction. The amendment simply gave the Secretary the authority to discontinue the auction at any point if the evaluation determined that the auction was not in the best interests of taxpayers or students. This amendment was eventually withdrawn 

with the understanding that we could work out a compromise prior 

to the bill being brought up on the Floor. Committee Republicans 

look forward to working with Committee Democrats on this amendment. 

Borrower choice in student loans 

Since the creation of the Direct Loan program in 1992, the reauthorizations of the Higher Education Act have put forward proposals designed to level the playing field between the Federal Family Education Loan (FFEL) program and the Direct Loan (DL) program. The competition between the two programs has significantly 

increased the quality of service in both programs. Currently, approximately 80 percent of loans are originated in the FFEL program and 20 percent in the DL program. 

In the FFEL program, students are permitted to select their own 

lender. In fact, this bill includes several provisions that improve 

borrower choice by requiring that every institution operating a preferred lender list recommend at least three unaffiliated lenders on 

the list. In addition, the bill builds on provisions included in the 

bipartisan H.R. 890, The Student Loan Sunshine Act, and requires 

that institutions conspicuously post a notice to students that they 

are permitted to select any lender, even if the lender does not appear on the preferred lender list. 

At the same time that H.R. 4137 reinforces the policy that institutions must provide student choice, however, the bill limits the 

choice of students who attend institutions participating in the Direct Loan program. Committee Republicans supported the amendment by Representative Ric Keller (R-FL) that would have permitted borrower choice at Direct Loan schools. 

The theme of the investigation by New York Attorney General 

Andrew Cuomo and the investigations by the Committee has been 

that students should have the ultimate choice in choosing their 

lender. However, students attending institutions participating in 

the Direct Loan program have no choice in their lender. In fact, the 

lender is automatically selected for them by their institution. In the 

FFEL program, investigations occurred when institutions tried to 

find the best deals for their students and offered recommendations. 

In the Direct Loan program, institutions mandate the Federal government as the lender even though students could get better loan 

tenns from a FFEL lender. This amendment would simply have ensured that all students are provided free choice when it comes to 

their student loan lender regardless of the institution they attend. 

However, instead, Committee Democrats chose to vote down this 

amendment by a vote of 13–28, thereby supporting the idea that 

not all borrowers deserve a choice in their lender. 


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Accountability in international education 

International education programs at the postsecondary level play 

a vital role in building and maintaining the nation’s ability to supply expertise in critical foreign languages, area studies and international business arenas. In order to continue the nation’s established leadership role in international affairs, the opportunities for 

students to become knowledgeable in international issues and critical foreign languages has become increasingly important. America’s interests and national security are inextricably tied to our 

knowledge and understanding of the rest of the world. 

Committee Republicans believe that when selecting grantees, the 

Secretary should take into account the degree to which activities of 

centers, programs, and fellowships at institutions of higher education advance national interests, generate and disseminate information, and foster debate on American foreign policy from diverse 

intellectual perspectives. In addition, Committee Republicans believe that the international education programs funded by the Federal government and operated at our country’s institutions should 

be meeting the national security and intelligence needs of our country. For that reason, Representative Peter Hoekstra (R–MI) introduced an amendment that built on a number of refolins of the title 

VI programs included in H.R 609, The College Access and Opportunity Act of 2006, from last Congress and the Senate reauthorization bill. The amendment required the Secretary to consult with 

various federal agencies, including the Departments of Commerce, 

Defense, and State and the National Security agency and the office 

of the Director of National Intelligence, in determining the national 

need for expertise in foreign languages and world regions. Congress 

should be enacting policies that tailor the laws to the country’s 

needs. While this amendment was withdrawn, Committee Republicans look forward to working with Committee Democrats to supplement the amendment offered by Representative Rush Holt (D– 

NJ) to create a new Assistant Secretary position for international 

education with some of these important ideas and principles to ensure accountability in the title VI programs. 

Over the past several Congresses, the Committee has heard testimony from a number of different experts and government officials 

that have pleaded for ways to fulfill important shortages. These officials need graduates to have expertise in critical foreign languages and in different regions of the world. This provision in the 

amendment would have provided the Secretary with the tools to 

gain a better understanding of the country’s needs, award grant 

funds based on that new knowledge, and determine where the 

graduates of these programs are going upon graduation. 

Committee Republicans also believe that international education 

programs need to develop an environment that fosters debate and 

offers diverse perspectives to our nation’s students. In order to 

meet that goal, the amendment required the Secretary to collect information on how the program will reflect a wide range of viewpoints. Committee Republicans have heard one anecdote after another about how students with certain viewpoints are stifled in the 

classroom and through their coursework. For this reason, Committee Republicans also believe it is vital for the Secretary to gather information about how the grantees will address disputes reVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00778 Fmt 6604 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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lated to the offering of diverse perspectives. Students with opinions 

that may be different from other students or their professors must 

know that there is a procedure in place to address concerns of discrimination. 

Finally, Committee Republicans also believe that the bill should 

clearly require that recruiters from the military and Federal agencies be given the same access as is granted to prospective employers who wish to recruit students for non-government related employment opportunities. Committee Republicans believe students 

who benefit from the programs funded under title VI have instrumental and unique skills in critical foreign languages, world regions and international affairs that would benefit the military and 

agencies of the Federal government and those employers should be 

peiiiiitted to recruit students on campus for this purpose. 

International advisory board 

In a June 2005 report from the Congressional Research Service, 

there was significant discussion regarding the establishment of a 

‘‘multi-agency board, endowment, foundation or other independent 

Federal entity to coordinate and/or administer all Federal programs dealing with foreign language and international studies.’’ 

The report further suggested that one function of such board or 

agency might be ‘‘relatively long-range planning to attempt to meet 

both the Federal government’s and the Nation’s needs for foreign 

language and area studies specialists in a coordinated manner.’’ 

During a June 2003 hearing on title VI, Dr. Stanley Kurtz, a Research Fellow with the Hoover Institution, argued that a board, 

similar to those that govern the Fulbright and National Security 

Education Programs, was needed to help enhance the programs 

under title VI. Dr. Kurtz proposed that a board should be inclusive 

of all points of view and should therefore ‘‘be able to hold annual 

[public] hearings on title VI activities, including the outreach activities of the National Resource Centers.’’ 

In a book entitled, ‘‘Language and National Security in the 21st 

Century,’’ published by the National Foreign Language Center, the 

authors recommend an ‘‘establishment of mechanisms to monitor 

national needs and capacity in language and to assess how those 

needs and that capacity are addressed by Federal, State, and local 

programs, including title VI.’’ In response to all of these sources, 

Representative Peter Hoekstra (R–MI) introduced an amendment, 

rejected along party lines by a voice vote, that would create an 

International Advisory Board. The Board authorized by the amendment would be responsible for making specific recommendations 

that would assist the Secretary and the Congress to improve the 

programs under title VI to better reflect the national needs related 

to homeland security, international education, and international affairs, including the assessment of the national needs and training 

provided by the institutions of higher education that receive a 

grant for expert and non-expert level foreign language training. 

Committee Republicans believe that the programs authorized 

under title VI of the Higher Education Act are crucially important 

because they ensure the expansion of the international knowledge 

base of the nation’s citizenry and promote the growth and development in national need areas related to addressing national security 


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interests and international commerce. The International Advisory 

Board, rather than a new Assistant Secretary position at the Department of Education, would be the best entity to provide advice, 

counsel and recommendations to the Secretary and the Congress on 

international education issues for higher education in order to improve international education program. Rather than go through a 

political appointment process and be subject to the political winds 

of the time, the International Advisory Board would be appointed 

by the House of Representatives, the Senate, and the Secretary, 

who must select two representatives from agencies with diplomacy, 

national security, international commerce or other international activity responsibilities. These agencies may include, but not be limited to, the Department of Defense, the Department of Homeland 

Security, the Department of State, the Department of Commerce, 

and the Central Intelligence Agency. 

The International Advisory Board would be authorized to hold 

public hearings to review the recommendations provided by the 

Board to the Secretary and the Congress. Committee Republicans 

believe the creation of the International Advisory Board would be 

an important first step to engage the independent board with the 

grantees, communities and constituencies who are most interested 

in the objectives and outcomes of the programs authorized under 

title VI. Committee Republicans also believe strongly that the creation of such a Board would not provide them with the authority 

to mandate, direct, or control an institution of higher education’s 

specific instructional content, curriculum, or program of instruction. 

New programs & regulations 

Committee Republicans remain concerned about the overall expansion of the federal government included in H.R. 4137. The bill 

creates approximately 20 new programs and requires many more 

new reporting requirements. These facts are in direct conflict to the 

streamlining and simplification effort promoted by the Committee 

Republicans at the beginning of this reauthorization process. 

At that time, the Committee believed the first step in developing 

meaningful reforms was not simply to impose new regulations on 

top of the existing framework, but to identify ways to actually reduce red tape and bureaucracy for students, financial aid personnel, and colleges and universities. Known as the FED UP 

project, this bipartisan initiative was the first step toward developing a more efficient and effective Federal student aid system. 

In an effort to identify outdated, redundant, or overly burdensome provisions in title IV of the Higher Education Act and its regulations, the ‘‘Upping the Effectiveness of Our Federal Student Aid 

Programs,’’ or ‘‘FED UP,’’ was developed by then-21st Century 

Competitiveness Subcommittee Chairman Howard P. ‘‘Buck’’ 

McKeon (R–CA) and the late Representative Patsy Mink (D–HI) in 

2001. The project, which was launched in May 2001, solicited suggestions from the higher education community as to what provisions in the Higher Education Act and which regulations should be 

changed or eliminated and why. More than 3,000 responses were 

received and logged from loan professionals, financial aid officers, 

students, higher education associations and concerned citizens. The 


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Department of Education completed a negotiated rulemaking session based on the proposals submitted through FED UP and released new regulations. 

H.R. 609 incorporated the suggestions from FED UP and specifically addressed statutory changes that are necessary to relieve 

some of the administrative burdens on students, financial aid professionals, student loan providers and institutions of higher education, while providing clarification of other provisions currently in 

law. Committee Republicans fear that H.R. 4137 is heading in the 

opposite direction by requiring new reporting requirements for institutions, the result of which will be thousands of reports arriving 

every year at the doors of the Department of Education. Some of 

the reporting provisions in the bill require that the Secretary actually publicize the information required in the reports on the Department’s web site. Other provisions do not specify what actions 

need to be taken. Committee Republicans remain deeply concerned 

about additional burdens imposed on students, institutions and 

other partners in the field. Committee Republicans look forward to 

working with Chairmen Miller and Hinojosa, and other Committee 

Democrats, in ensuring that the reporting requirements are not 

burdensome or duplicative and remain useful. 

Committee Republicans also look forward to working with Committee Democrats to further limit the new initiatives and programs 

included in the bill. Creating new programs on top of existing programs generally creates duplication and waste. The programs already funded under the Higher Education Act cover a wide range 

of services and activities designed to meet the needs of students 

and, before creating and funding a new program, the Committee 

should carefully examine existing programs in order to ensure 

against creating more bureaucracy when the existing bureaucracy 

is already in place to do the job. Creating new authorizations simply burdens the appropriators to find funding for every program instead of focusing resources on the programs that are truly effective 

in helping our nation’s students obtain a postsecondary education. 

HOWARD P. ‘‘BUCK’’ MCKEON. 

PETER HOEKSTRA. 

MARK E. SOUDER. 

RIC KELLER. 

JOE WILSON. 

JOHN KLINE. 

CATHY MCMORRIS RODGERS. 

KENNY MARCHANT. 

CHARLES W. BOUSTANY, Jr. 

DAVID DAVIS (TN). 

DEAN HELLER. 


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ADDITIONAL VIEWS ON THE ADVISORY COMMITTEE FOR 

STUDENT FINANCIAL ASSISTANCE 

As the importance of a postsecondary education grows along with 

the need for a greater federal investment in student financial assistance, it is essential that Congress maintain a mechanism for 

on-going independent analysis and advice on the implementation of 

the student aid programs. Since its establishment in the 1986 

Amendments to the Higher Education Act, the Advisory Committee 

on Student Financial Assistance has been that mechanism. 

What has made the Advisory Committee an invaluable source of 

technical expertise and advice to the Congress and the Secretary 

of Education has been its independence—both from the administration and from outside interest groups. The Advisory Committee’s 

agenda is set in statute by the Congress. The congressional mandate requires the Advisory Committee to conduct objective, nonpartisan, and independent analyses on important aspects of the 

student assistance programs under Title IV of the HEA. in addition, Congress has and may call upon the Committee to conduct 

special evaluations, studies, and analyses that address the basic 

structure and effectiveness of the individual programs under Title 

IV. 

The Advisory Committee provides an open, public process that 

incorporates input from a broad range of stakeholders for monitoring and making recommendations for improvements to the student aid programs. The Advisory Committee membership includes 

a cross-section of stakeholders in the student aid community with 

members appointed by the Congress and the Secretary of Education representing institutions of higher education, secondary 

schools, financial institutions, students, and parents. More than 

half of the members must be appointed on the basis of technical expertise and professional standing in the field of higher education 

and student aid administration. All Advisory Committee hearings 

and reports are a matter of public record. 

To fulfill its congressional responsibilities over the past 20 years, 

the Advisory Committee has held more than 100 formal meetings, 

hearings, and symposia. In addition, the Committee has developed 

background papers on a myriad of issues pertaining to student financial assistance. The recent work of the Advisory Committee, including its three reports, Access Denied: Restoring the Nation’s 

Commitment to Equal Educational Opportunity, Empty Promises: 

The Myth of College Access in America, and Mortgaging Our Future: How Financial Barriers to College Undercut America’s Global 

Competitiveness has demonstrated to policy-makers, educators, and 

members of the higher education community that federal policy 

must be mindful of the barriers to access and persistence facing 

low- and moderate-income students. As a result of these reports, 

numerous efforts to encourage increases in need-based aid for lowVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00782 Fmt 6604 Sfmt 6604 E:\HR\OC\HR500.XXX HR500

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and moderate-income students have occurred at the federal, state, 

and institutional levels. 

These barriers include the complexities of the student aid system. As a result, the Advisory Committee has been an active participant in discussions on ways to streamline and simplify both 

need analysis and aid application. The Advisory Committee’s efforts on this issue have been met with significant success. In the 

1990s, its work on financial aid simplification led to the introduction of a free common financial aid form that serves as an application for federal aid and most state and institutional aid. The Advisory Committee also worked toward expanding and implementing 

two streamlined need analysis formulas that are used for low-income students: the Simplified Needs Test (SNT) and the automaticzero Expected Family Contribution, or the auto-zero EFC. 

Congress charged the Advisory Committee in the fiscal year 2004 

Consolidated Appropriations Act with conducting a one-year simplification study to identify ways to streamline the financial aid 

system and make it easier, more responsive, and fairer for students 

and families. The central question put forth by Congress was 

whether a broad and cost-effective simplification initiative could increase the power of student aid to achieve greater access to college, 

especially for low-income students. In 2005, the Committee submitted to Congress and the Secretary of Education the simplification study’s final report, The Student Aid Gauntlet: Making Access 

to College Simple and Certain. The report recommended a sweeping, but cost effective, simplification initiative, consisting of four 

national imperatives for improving access that would increase the 

return on our nation’s already sizeable investment in student aid. 

The recommendations are as follows: 

• Create a system of early financial aid information. 

• Make federal need analysis transparent, consistent, and 

fair. 

• Expand existing simplification to more students. 

• Allow all students to apply for financial aid earlier. 

• Make the FAFSA relevant and understandable. 

• Create a simpler paper form for low-income students. 

• Phase out the full paper form and increase the use of technology. 

• Simplify and streamline FAFSA on the Web. 

• Simplify the verification process. 

• Create a national partnership to make access simple and 

certain. 

Nine of the ten recommendations were included, in whole or in 

part, in the Deficit Reduction Act of 2005, which was signed into 

law by the President on February 8, 2006 and the College Cost Reduction and Access Act, signed into law on September 27, 2007. 

The recommendation not included was to simplify the verification 

process. 

The Advisory Committee’s tenth proposal, to create a new national access and persistence partnership, is designed to leverage 

federal funds in order to encourage states to create public-private 

collaborations that increase college enrollment and success for lowincome students. This recommendation is reflected in the proviVerDate Aug 31 2005 05:10 Dec 28, 2007 Jkt 039716 PO 00000 Frm 00783 Fmt 6604 Sfmt 6602 E:\HR\OC\HR500.XXX HR500

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sions to establish Grants for Access and Persistence (GAP) in H.R. 

4137. 

As is evident from its recent activities, the Advisory Committee 

on Student Financial Assistance continues to provide valuable 

input and advice to Congress. With the enactment of major changes 

to the student aid programs in the College Cost Reduction and Access Act and in H.R. 4137, the Advisory Committee will continue 

to play a critical role in ensuring that the student aid programs 

achieve the goal of access to postsecondary education for low- and 

middle-income students. 

RUBE ́ N HINOJOSA. 


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ADDITIONAL VIEW OF THE COLLEGE OPPORTUNITY AND 

AFFORDABILITY ACT OF 2007 REPORT LANGUAGE 

I support the bill and agree with the comments made in the full 

report. I would like to offer as additional views the following: 

Feasibility study on renegotiated student loan interest rates (Sec. 

808): This study should include an evaluation of the feasibility of 

treating student loans like home mortgages, such as allowing students to refinance their loans at any time to take advantage of 

lower interest rates or to convert to a variable rather than a fixed 

interest rate and what conversion fees might be appropriate. 

Diversity in the Arts grant program (Sec. 705(a)(15)): Programs 

receiving these funds should seek to promote cultural diversity in 

the entertainment media industry to work in collaborations with 

schools and their students. A good example of an organization is 

the Legacy Media Institute, in Petersburg, Virginia. Legacy Media 

Institute is a nonprofit organization which seeks to diversify the 

entertainment media industry. They attain this goal by educating 

students aspiring to be professionals in the entertainment industry 

through interactions with leading professionals in the industry and 

educators. 

Secretary’s disaster plan (Sec. 863): The disaster relief plan shall 

include plans to accommodate either man-made or natural disasters. 

ROBERT C. ‘‘BOBBY’’ SCOTT. 

Æ 


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