69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–523 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4137) 

TO AMEND AND EXTEND THE HIGHER EDUCATION ACT 

OF 1965, AND FOR OTHER PURPOSES 

FEBRUARY 6, 2008.—Referred to the House Calendar and ordered to be printed 

Ms. SUTTON, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 956] 

The Committee on Rules, having had under consideration House 

Resolution 956, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 4137, the College Opportunity and Affordability Act of 2007, under a structured 

rule. The rule provides one hour of general debate equally divided 

and controlled by the chairman and ranking minority member of 

the Committee on Education and Labor. The rule waives all points 

of order against consideration of the bill except clauses 9 and 10 

of rule XXI. The rule provides that the amendment in the nature 

of a substitute recommended by the Committee on Education and 

Labor now printed in the bill shall be considered as an original bill 

for the purpose of amendment and shall be considered as read. The 

rule waives all points of order against the amendment in the nature of a substitute except for clause 10 of rule XXI. This waiver 

does not affect the point of order available under clause 9 of rule 

XXI (regarding earmark disclosure). 

The rule makes in order only those amendments printed in this 

report and the amendments en bloc. The amendments made in 

order may be offered only in the order printed in this report, may 

be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject 

to a demand for a division of the question in the House or in the 


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Committee of the Whole. All points of order against the amendments except for clauses 9 and 10 of rule XXI are waived. The rule 

also permits the chairman of the Committee on Education and 

Labor or his designee to offer amendments en bloc consisting of 

those amendments that have been printed in this report and not 

earlier disposed of. The rule provides one motion to recommit with 

or without instructions. The rule provides that, notwithstanding 

the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker. 

The rule tables House Resolution 941. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

(except for clauses 9 and 10 of rule XXI) includes a waiver of clause 

3(b) of rule XIII, requiring the results of roll call votes in the committee report. The waiver of all points of order against the amendment in the nature of a substitute (except clause 10 of rule XXI) 

includes a waiver of clause 4 of rule XXI, prohibiting appropriations in legislative bills. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 425 

Date: February 6, 2008. 

Measure: H.R. 4137. 

Motion by: Mr. Dreier. 

Summary of motion: To grant a modified open rule. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 426 

Date: February 6, 2008. 

Measure: H.R. 4137. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. McKeon (CA), #44, which is a 

Sense of Congress that the Secretary of Education shall monitor 

the availability of student loans in light of the situation with the 

financial markets. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 427 

Date: February 6, 2008. 

Measure: H.R. 4137. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. King, Steve (IA), #31, which 


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would require colleges and universities that use Affirmative Action 

policies in admissions to fully disclose their admission policies. 

Would compile this data and make it publicly available. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Sessions—Yea; Slaughter—Nay. 

Rule Committee record vote No. 428 

Date: February 6, 2008. 

Measure: H.R. 4137. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Souder (IN), #35, which would 

state the sense of Congress that no college student should be subject to discrimination on the basis of protected speech or association. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 429 

Date: February 6, 2008. 

Measure: H.R. 4137. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Kline (MN), #43, which prohibits the disbursement of Higher Education Act funds by contract 

or grant to any institution that partners with any entity which discriminates or condones discrimination against the military or military recruiting centers. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 430 

Date: February 6, 2008. 

Measure: H.R. 4137. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for each of the following amendments separately debatable 

for 10 minutes equally divided: an amendment by Rep. Hoekstra 

(MI), #58, which provides that the Secretary shall develop a student survey to determine employment or training for students 

graduating from international education programs funded by Title 

VI. The Secretary shall take job placement in areas of national 

need into consideration when institutions apply for Title VI grants. 

The Secretary shall release a biennial report to Congress and the 

public that identifies the areas of national need for expertise in foreign languages and world regions. Finally, the Assistant Secretary 

will consult with other agencies and departments to determine 

areas of national need for expertise in foreign languages and world 

regions; an amendment by Rep. Bishop, Rob (UT), #36, which reVerDate Aug 31 2005 06:37 Feb 07, 2008 Jkt 069008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR523.XXX HR523

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moves the maintenance of effort language in Title 1 of the bill, and 

instead directs the Secretary to identify and disseminate methods 

of cost containment; an amendment by Rep. Shays (CT), #56, which 

expresses the sense of Congress that Federal financial institutions 

and other entities utilize authority to assist in ensuring the liquidity and the availability of financing mechanisms for the purpose of 

bringing stability to the student loan marketplace; and an amendment by Rep. Davis, Lincoln (TN)/Myrick (NC), #61, which would 

allow the Department of Education to give grants to colleges and 

universities to establish pregnant and parenting student services 

centers for pregnant students, parenting students, prospective parenting students anticipating a birth or adoption, and students who 

are placing or have placed a child for adoption. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Sessions—Yea; Slaughter—Nay. 

SUMMARY OF AMENDMENTS MADE IN ORDER

(Summaries derived from information provided by sponsors.) 

1. Miller, George (CA): The Manager’s amendment makes technical changes to the bill, as well as changes to the provisions on 

college costs to a more consumer friendly approach, while keeping 

the focus on accountability; a revision to the definition of the state 

funds that count toward meeting the State Maintenance of Effort 

requirement; a revised technical amendment to Pell grant funding; 

modifications to the Cohort Default Rate provisions to provide for 

a transition period before the new sanctions are imposed and provide for targeted technical assistance to schools in danger of losing 

their federal student aid as a result of high Cohort Default Rates; 

provisions to ensure that students are aware of lower-cost federal 

student aid options before turning to more expensive private loans 

and a means to help students avoid potentially compromising their 

federal aid eligibility by inadvertently relying on private student 

loans or borrowing excess amounts of private student loans; and includes studies. (20 minutes) 

2. McKeon (CA): This amendment requires the National Research Council to conduct a study of the regulations on institutions 

of higher education. (10 minutes) 

3. Kildee (MI): The amendment authorizes discretion currently 

exercised by the Secretary of Education to reserve for competitive 

grants to Tribally Controlled Colleges and Universities for construction, maintenance, or renovation of campus facilities a percentage of funds appropriated for Tribal Colleges and Universities 

under Title III of the Higher Education Act. (10 minutes) 

4. Petri (WI): The amendment would require the existing Education-Treasury Study Group to evaluate the feasibility of an alternative market-based reform to the Federal Family Education Loan 

Program. The recommended alternative should reduce federal costs 

to taxpayers and use savings to increase need-based grant aid to 

low-income students. (10 minutes) 

5. Petri (WI): The amendment would extend the new audit and 

reporting provisions applied only to the Direct Loan program to the 

Federal Family Education Loan Program. (10 minutes) 


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6. Castle (DE): An amendment to require the Quality Efficiency 

Task Forces to develop annual benchmarks for the top 5 percent 

of institutions in each institution category that have the largest increase in their tuition and fees over the most recent three year period in which data is available. The amendment also requires those 

institutions not meeting the benchmarks to provide the Secretary 

of Education a detailed explanation of the reasons why the institution did not meet such benchmarks. (10 minutes) 

7. Davis, Danny (IL): An amendment to restore protections to 

private student loan borrowers similar to those afforded other unsecured debtors by allowing the discharge of private student loans 

via bankruptcy. (10 minutes) 

8. Davis, Susan (CA): This amendment will prevent interest from 

accruing for active duty service members and qualifying National 

Guard members for the duration of their activation up to 60 

months when serving in a combat zone. (10 minutes) 

9. Sestak (PA): This amendment includes physical therapists as 

an occupation defined as an area of national need to qualify for student loan forgiveness under Sec. 428K of the Higher Education Act. 

(10 minutes) 

10. Sestak (PA): This legislation amends the articulation agreement strategies that may be employed by states and institutions of 

higher education to include management systems regarding course 

equivalency, transfer of credit, and articulation. (10 minutes) 

11. Yarmuth (KY): Provides competitive Teach to Reach grants 

to eligible partnerships to provide general education teacher candidates with the knowledge and skills to effectively instruct students with disabilities in their classrooms. Eligible partnerships 

must include an institution of higher education; a special education 

department within that institution, and a high-need local education 

agency. (10 minutes) 

12. Hastings (FL)/Sa ́nchez, Linda (CA): The amendment authorizes a nationwide pilot program through the Department of Education to promote holistic community-centered partnerships aimed 

at mitigating gang violence and reducing recidivism rates among 

juvenile ex-offenders previously detained for gang-related offenses. 

(10 minutes) 

13. Welch (VT): Amendment would require annual reporting by 

colleges and universities on how much of their endowment was 

paid out each year for the purpose of containing college costs. (10 

minutes) 

14. Lantos (CA)/Watt (NC): The amendment makes a technical 

correction to the Graduate Assistance in Areas of National Need 

(GAANN) program to clarify Congressional intent that a Masters 

Degree level institution or program is eligible to be the lead recipient of a grant under the GAANN program. (10 minutes) 

15. Edwards (TX)/Boyda (KS): Prohibits a state from charging 

members of the armed forces who are on active duty for more than 

30 days and whose domicile or permanent duty station is in such 

state, and such members’ dependents, more than the in-state tuition for attending a public institution of higher education (IHE) in 

that state. Provides that, even if such members’ permanent duty 

station is subsequently changed to a location outside the state, they 

or their dependents must continue to be charged no more than the 


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in-state tuition if they remain continuously emolled at such IHE in 

the state. (10 minutes) 

16. Johnson, Eddie Bernice (TX)/Young, Don (AK): This amendment expands Pell Grant eligibility to children who lost a parent 

or guardian as a result of the conflicts in Iraq or Afghanistan. 

These children will be eligible for the maximum amount of Pell 

Grant assistance. (10 minutes) 

17. Stupak (MI): Provides federal student loan relief to borrowers 

who go into school administration in low-income school districts. 

Applies to any borrower who has been employed as a full-time 

school superintendent, principal, or other administrator for five 

consecutive complete school years in a school district in a low-income area. (10 minutes) 

18. Doggett (TX): The amendment encourages the prepopulation 

of FAFSA income and asset information, by taxpayer consent, with 

tax data provided directly from the IRS to the Department of Education, and allows the Secretary of Education to provide for the use 

of second preceding tax year information. (10 minutes) 

19. Baird (WA): This amendment would direct the Secretary of 

Education to conduct a study on the costs and benefits of making 

student aid available to less than half-time students. The Secretary 

would then make recommendations on how to best design a demonstration loan program targeted for less than half-time students. 

(10 minutes) 

20. Inslee (WA): Ensures that competitive Sustainability Planning Grants explicitly provide for ‘‘greenhouse gas emissions reductions’’ to reduce the, threat of global warming and adds an eligibility requirement to FIPSE to ensure that institutions meet current energy efficiency standards. Additionally, includes a sense of 

Congress that the Federal Perkins Loan Program, which provides 

low-interest loans to help needy students finance a degree in higher education, should remain a campus-based aid program and to 

support increased funds to provide more low-income students with 

options. (10 minutes) 

21. Crowley (NY): The amendment would allow community college students to have $10 forgiven from their student loans for 

every hour they dedicate to mentoring an at-risk child. (10 minutes) 

22. Cooper (TN): Increases the authorization level, from $300 

million to $500 million, for the 103 Historically Black Colleges and 

Universities. Increases the authorization level, from $100 million to 

$125 million, for the 18 Historically Black Graduate Institutions. 

(10 minutes) 

23. Ryan, Tim (OH)/Altmire (PA): Amendment creates a pilot 

competitive grant program (available to no more than 10 colleges) 

to assist institutions of higher education in setting up college textbook rental programs. (10 minutes) 

24. Van Hollen (MD)/Castle (DE): This amendment authorizes 

Teach for America at $20 million for FY09 and $25 million for 

FY10. (10 minutes) 

25. Gillibrand (NY): Institutions of Higher Education shall adopt 

a statement of current policy concerning the working relationship 

of campus security personnel with State and local law enforcement 

agencies for the investigation of felonies or a report of a missing 

student. (10 minutes) 


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26. Murphy, Patrick (PA)/Myrick (NC): The amendment would 

help students and families plan financially for higher education by 

requiring that colleges provide information about the anticipated 

cost of a post-secondary degree. Institutions would have the option 

of offering either a multi-year tuition and fee schedule or a traditional, single-year tuition and fee schedule with a nonbinding, 

multi-year estimate of a student’s net costs. (10 minutes) 

27. Shuler (NC): To authorize a competitive grant program 

through the Department of Education that would allow institutions 

of higher education or consortia to create longitudinal data systems 

to efficiently and accurately manage, analyze, disaggregate, and 

use individual student data. The amendment authorizes programs 

in no more than five states for a period of three years. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GEORGE

MILLER OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 20 

MINUTES

Page 12, after line 16, insert the following new paragraph (and 

redesignate the succeeding paragraphs accordingly): 

(1) in subsection (a)(1), by inserting before the semicolon the 

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

484(d)(3)’’; 

Page 15, line 2, strike ‘‘and eligible’’ and insert ‘‘or eligible’’. 

Page 17, line 23, strike ‘‘1988))’’ and insert ‘‘1988)); as updated 

by the Secretary from time to time and published in the Federal 

Register,’’. 

Page 18, after line 3, insert the following new paragraph (and redesignate the succeeding paragraphs accordingly): 

‘‘(19) DISCONNECTED STUDENTS.—The term ‘disconnected students’ means students who are— ‘‘(A) homeless children and youths, as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); 

‘‘(B) orphans, in foster care, or wards of the court, or 

who were in foster care or were wards of the court until 

the students reached the age of 16; 

‘‘(C) adjudicated or convicted juveniles, or who were adjudicated juveniles until the juveniles reached the upper 

age of juvenile court jurisdiction, or who were convicted juveniles who completed the sentence for the juvenile conviction prior to reaching the age of majority; or 

‘‘(D) pregnant or parenting youth. 

Page 37, beginning on line 22, strike ‘‘The Secretary’’ and insert 

‘‘Not later than 90 days after the Secretary receives the information required under paragraph (2), the Secretary’’. 

Page 39, beginning on line 7, strike subsection (a) and insert the 

following: 

‘‘(a) MAINTENANCE OF EFFORT REQUIRED.—A State shall provide—‘‘(1) for public institutions of higher education in such State 

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

amount which is equal to or greater than the average amount 

provided for non-capital and non-direct research and developVerDate Aug 31 2005 06:37 Feb 07, 2008 Jkt 069008 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR523.XXX HR523

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ment expenses or costs by such State to such institutions of 

higher education during the 5 most recent preceding academic 

years for which satisfactory data are available; and 

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

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

amount which is equal to or greater than the average amount 

provided for student financial aid for paying costs associated 

with postsecondary education by such State to such institutions during the 5 most recent preceding academic years for 

which satisfactory data are available. 

Page 39, line 23, after ‘‘precipitous’’ insert ‘‘and unforeseen’’. 

Page 41, beginning on line 1, strike section 109 through page 54, 

line 24, and insert the following: 

SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 

(a) AMENDMENT TO TITLE I.—Part C of title I (20 U.S.C. 1015) 

is 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) COLLEGE AFFORDABILITY AND TRANSPARENCY LISTS.—Effective July 1, 2011, the Secretary shall annually update and make 

publicly available on the College Navigator website, in a manner 

that is sortable by State, the following lists: 

‘‘(1) A list of the top 5 percent of the institutions in each category (as defined by subsection (b)) that have the highest tuition and fees. ‘‘(2) A list of the top 5 percent of the institutions in each 

such category that have the lowest tuition and fees. 

‘‘(3) A list of the top 5 percent of the institutions in each 

such category that have the largest increase, expressed as a 

percentage change, in their tuition and fees over the most recent three year period for which satisfactory data is available. 

‘‘(b) CATEGORIES OF INSTITUTIONS.—The following categories 

shall be used in compiling the information in subsection (a): 

‘‘(1) 4-year public institutions of higher education. 

‘‘(2) 4-year private, nonprofit institutions of higher education. 

‘‘(3) 4-year private, for-profit institutions of higher education. 

‘‘(4) 2-year public institutions of higher education. 

‘‘(5) 2-year private, nonprofit institutions of higher education. 

‘‘(6) 2-year private, for-profit institutions of higher education. 

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

‘‘(8) Less than 2-year private, nonprofit institutions of higher 

education. 

‘‘(9) Less than 2-year private, for-profit institutions of higher 

education. 

‘‘(10) All types of institutions described in paragraphs (1) 

through (9). 

‘‘(c) INSTITUTION REPORTS.—If an institution of higher education 

appears on the list described in subsection (a)(3), the institution or 

a representative association designated by the institution shall submit to the Secretary the following information: ‘‘(1) A description of the factors contributing to the increase 

in the institution’s tuition and fees, including an identification 

of the major areas in the institution’s budget with the greatest 

cost increases. 


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‘‘(2) If determinations of tuition and fee increases are not 

within the exclusive control of the institution, a description of 

the agency or instrumentality of State government or other entity that participates in such determinations, and the authority 

exercised by such agency, instrumentality, or entity. ‘‘(d) QUALITY EFFICIENCY TASK FORCES.—Each institution that is 

required to submit information by subsection (c) shall establish a 

quality-efficiency task force to— ‘‘(1) review the operations of such institution; 

‘‘(2) analyze institutional operating costs in comparison with 

such costs at other institutions within the same category of institutions; ‘‘(3) identify areas where, in comparison with other institutions in such category, the institution operates more expensively to produce a similar result; ‘‘(4) conduct an in-depth analysis of such identified areas for 

cost reduction opportunities; and ‘‘(5) submit a report to the Secretary and the institution on 

the results of the review and analysis conducted under this 

subsection. ‘‘(e) INFORMATION TO THE PUBLIC.—The Secretary shall compile 

the information submitted under subsections (c) and (d) and shall 

submit an annual report summarizing such information to the authorizing committees and publish such report on the College Navigator website. ‘‘(f) EXEMPTIONS.—An institution shall not be placed on the list 

required under subsection (a)(3) and shall not be subject to the reporting in subsection (c) if, for the 3-year interval described in subsection (a)(3) the institution meets the following criteria: ‘‘(1) With respect to the category of institutions described in 

subsection (b) to which the institution belongs, the computed 

price of the institution is in the lowest quartile of institutions 

within such category, as determined by the Secretary, during 

the last year of such 3-year interval. 

‘‘(2) The dollar amount of the institution’s increase in its full 

price, as computed under subsection (a)(3), is less than $500 

for such 3-year interval. 

‘‘(g) STATE HIGHER EDUCATION APPROPRIATIONS CHART.—The 

Secretary shall annually report on the College Navigator website, 

in charts for each State— ‘‘(1) a comparison of— ‘‘(A) the percentage change in State appropriations per 

full-time equivalent student in each public institution of 

higher education in the State for each of the 5 most recent 

preceding academic years; to ‘‘(B) the percentage change in tuition and fees for each 

public institution of higher education in the State for each 

of the 5 most recent preceding academic years; and ‘‘(2) the total amount of need-based and merit-based aid provided by the State to full-time equivalent students attending 

an institution of higher education in the State. 

‘‘(h) AVAILABILITY OF NET PRICE INFORMATION.— ‘‘(1) NET PRICE.—In this section, the term ‘net price’ means 

the average yearly tuition and fees actually charged to a fulltime undergraduate student receiving student aid at an instiVerDate Aug 31 2005 06:37 Feb 07, 2008 Jkt 069008 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR523.XXX HR523

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tution of higher education, after deduction of any discounts and 

Federal and State aid, and any other institutional aid, that reduce the full price of tuition and fees at the institution, as determined in accordance with regulations prescribed by the Secretary. 

‘‘(2) NET PRICE CALCULATOR.—

‘‘(A) 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 a net price 

calculator to help students, families, and consumers determine the net price of an institution of higher education. 

The calculator shall be developed in a manner that permits students to determine an estimate of their individual 

net price of attendance for an institution. 

‘‘(B) 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 make available for use on 

the institution’s website the net price calculator developed 

under subparagraph (A) to help students, families, and 

other consumers determine the net price of such institution of higher education. 

‘‘(i) POSTSECONDARY EDUCATION PRICE INDICES.—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, for 

inclusion in the higher education pricing summary page required 

under subsection (j)(3), postsecondary education price indices that 

accurately reflect the annual change in tuition and fees for undergraduate students in the categories of institutions described in subsection (b). Such indices shall be updated annually. Prior to the 

completion of the postsecondary education price indices, the Secretary is authorized to use an alternative, comparable index or indices. 

‘‘(j) CONSUMER COST INFORMATION.—

‘‘(1) INFORMATION FROM INSTITUTIONS.—Not later than 1 year 

after the date of enactment of the College Opportunity and Affordability Act of 2007, the Secretary shall post on the College 

Navigator website and make available to institutions of higher 

education, students, families, and other consumers, in a consumer-friendly manner, the following information about each 

institution of higher education for the most recent academic 

year for which the Secretary has available data: 

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

‘‘(B) 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. 


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‘‘(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) Percentage of enrolled undergraduate students at 

the institution registered with the office of disability services (or equivalent department) as students with disabilities. 

‘‘(I) Retention rates for full-time and part-time first-time, 

first-year undergraduate students enrolled at the institution. 

‘‘(J) Average time to degree or certificate completion for 

first-time, first-year undergraduate students enrolled at 

the institution. 

‘‘(K) 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), including by income category, as defined in 

paragraph (4). 

‘‘(L) Number of students who obtained a certificate or an 

associates, bachelors, masters, or doctoral degree at the institution. 

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

‘‘(N) 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. 

‘‘(O) Percentage of faculty at the institution with the 

highest degree in their field. 

‘‘(P) Percentage change in total price in tuition and fees 

and the net price for an undergraduate at the institution 

in each of the 3 most recent preceding academic years. 

‘‘(Q) Total average annual 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. 

‘‘(R) Average annual grant amount (including Federal, 

State, and institutional aid) broken down by income category as defined in paragraph (4) for a student enrolled at 

the institution. 


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‘‘(S) Average annual amount of Federal student loans, 

and other loans provided through the institution, to undergraduate students enrolled at the institution. 

‘‘(T) Total annual grant aid available to undergraduate 

students enrolled at the institution, from the Federal Government, a State, the institution, and other sources. 

‘‘(U) 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. 

‘‘(V) Number of students receiving Federal Pell Grants 

at the institution. 

‘‘(W) Average net price of the institution calculated for 

each income category, as defined in paragraph (4), for each 

of the 3 most recent preceding academic years. 

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

‘‘(Y) The institution’s cohort default rate, as defined 

under section 435(m). 

‘‘(Z) Information on the policies of the institution related 

to transfer of credit from other institutions. 

‘‘(AA) Information on campus safety required to be collected under section 485(f). 

‘‘(BB) 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. 

‘‘(CC) 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) DATA COLLECTION.—The Commissioner of Education Statistics shall continue to redesign the relevant parts of the Integrated Postsecondary Education Data System to include additional data as required by this subsection and to continue to 

improve the usefulness and timeliness of data collected by such 

System in order to inform consumers about institutions of 

higher education. 

‘‘(3) HIGHER EDUCATION PRICING SUMMARY PAGE.—The Secretary shall make publicly available on an annual basis, in a 

sortable and searchable electronic format on the College Navigator website, a list of all institutions of higher education participating in aid programs under title IV of this Act that includes for each such institution: 

‘‘(A) The undergraduate tuition and fees for the upcoming academic year. 


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13 

‘‘(B) The average annual net price by income category, as 

defined in paragraph (4), over the 3 most recent preceding 

academic years. 

‘‘(C) The average annual percentage change and dollar 

change in such institution’s tuition and fees over the 3 

most recent preceding academic years. 

‘‘(D) The average annual percentage change and dollar 

change in such institution’s per student instructional 

spending over the 3 most recent preceding academic years. 

‘‘(E) The difference between the average annual percentage change in such institution’s tuition and fees over the 

3 most recent preceding academic years and the postsecondary education price indices, as defined in subsection (i). 

‘‘(F) A link to the institution information on the College 

Navigator website, as detailed in paragraph (1). 

‘‘(4) INCOME CATEGORIES.—

‘‘(A) IN GENERAL.—For purposes of reporting the information required under this subsection and compiling information for the net price calculator, the following income 

categories shall apply: 

‘‘(i) $0–35,000; 

‘‘(ii) $35,001–70,000; 

‘‘(iii) $70,001–105,000; 

‘‘(iv) $105,001–140,000; and 

‘‘(v) $140,000 and up. 

‘‘(B) ANNUAL ADJUSTMENT.—The Secretary shall make 

available to all institutions of higher education participating in an aid program under title IV of this Act, on an 

annual basis, the annual inflation adjustment for the income categories set forth in subparagraph (A). 

‘‘(C) IMPRACTICABLE REPORTING EXEMPTION.—An institution that is required by this subsection to report any information pertaining to institutional aid by income category 

is not required to report such information to the extent 

that reporting such information by income category is impractical or impossible because information concerning income is not collected from the recipients of such institutional aid. 

‘‘(k) 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; 


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14 

‘‘(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. 

‘‘(l) REGULATIONS.—The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.’’. 

(b) SENSE OF CONGRESS REGARDING CONSUMER INFORMATION

ABOUT INSTITUTIONS OF HIGHER EDUCATION.—

(1) FINDINGS.—Congress finds that—

(A) the diversity of the American higher education systems allows each student to find the right ‘‘fit’’ for his or 

her interests and talents; 

(B) while the variety of options available is one of the 

great strengths of our system of higher education, it can 

also be overwhelming when students and their families 

begin a college search; 

(C) there is a massive amount of information available 

about institutions of higher education, but it is often difficult to navigate or is scattered among several sources; 

(D) the data collected and available is comprehensive; 

however, there is a need to keep consumer needs in mind 

in packaging the information that already exists and presenting the information in a simple, consumer-friendly format; 

(E) in particular, prospective students and their families 

want a succinct overview of common key information about 

institutions, with easy access to more in-depth institutionspecific information about campus life and the complete 

college experience; and 

(F) a variety of efforts have been initiated by colleges 

and universities and others to provide web-based, consumer-friendly information geared to prospective students 

and their families. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that institutions of higher education should participate in efforts to 

provide concise, easily accessible, on-line consumer information 

to prospective students and families that is consistent across 

institutions while permitting opportunities for more in-depth 

exploration of specific institutions. 

Page 59, line 1, after ‘‘writing’’ insert ‘‘(which may include electronic communications)’’. 

Page 59, line 9, after ‘‘textbook’’ insert ‘‘in the preceding 10 

years’’. 


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15 

Page 74, line 18, strike ‘‘August 1 of each year’’ and insert ‘‘March 1 of each year, or such other date determined by the Secretary,’’. Page 80, beginning on line 10, strike clause (i) and insert the following: ‘‘(i) Standard material, activities, or programs on 

issues related to a loan, default aversion, default prevention, or financial literacy, such as a brochure, a 

workshop, or training. 

Page 81, line 4, strike ‘‘Exit’’ and insert ‘‘Entrance and exit’’. Page 81, line 6, strike ‘‘exit’’ and insert ‘‘entrance and exit’’. Page 81, after line 21, insert the following: ‘‘(vi) State education grants, scholarships, or financial aid funds administered by or on behalf of a State. 

Page 88, line 11, strike ‘‘$25,000’’ and insert ‘‘$27,500’’. Page 88, line 13, after ‘‘Secretary may’’ insert ‘‘impose a civil pen- alty in an amount of not more than $27,500, or’’. Page 97, line 21, insert before the semicolon the following: ‘‘, and 

includes Migrant and Seasonal Head Start and American Indian/ 

Alaska Native Head Start’’. Page 97, line 24, after ‘‘program’’ insert ‘‘(including a program 

authorized under section 619 or part C of the Individuals with Disabilities Education Act)’’. Page 110, line 25, strike ‘‘or’’; on page 111, line 14, strike the period and insert ‘‘; or’ ’’; and after line 14 insert the following new 

subparagraph: ‘‘(C) whose participants include current teachers who 

seek ongoing professional development in the subject matter knowledge in which the teacher is assigned to teach; 

and ‘‘(D) that requires the faculty of arts and sciences of the 

partner institution to lead collaborative seminars for such 

participants for the purpose of— ‘‘(i) improving student learning; 

‘‘(ii) enhancing the quality of teaching and strengthening subject matter mastery and the pedagogical 

skills of current teachers through continuing professional development; and 

‘‘(iii) developing curriculum units, based on the subject matter presented, for use in the teachers’ classrooms. 

Page 120, line 10, after ‘‘techniques’’ insert ‘‘and strategies, consistent with the principles of universal design for learning,’’. 

Page 120, line 16, after ‘‘teaching skills’’ insert ‘‘, including the 

ability to effectively teach higher-order analytical, evaluative, problem-solving, and communications skills,’’. 

Page 122, line 9, strike ‘‘and’’; on line 11, after the semicolon insert ‘‘and’’; and after line 11, insert the following: 

‘‘(cc) effectively teach high-order analytical, 

evaluative, problem solving and communications skills appropriate for the teacher’s content or specialty area; 

Page 125, beginning on line 24, strike ‘‘incentive, or merit or performance-based pay.’’ and insert ‘‘or incentive pay, based on their 

extra skills and responsibilities.’’. 


smartinez on PRODPC61 with REPORTS
16 

Page 127, line 10, after ‘‘school’’ insert ‘‘teachers or’’. Page 127, line 12, after ‘‘instruction for’’ insert ‘‘elementary or 

secondary school teachers or’’. Page 128, beginning on line 24, strike ‘‘Modifying’’ and all that 

follows through page 129, line 2, and insert ‘‘Where feasible, attempt to place’’. Page 131, line 11, after ‘‘based on’’ insert ‘‘, but is not required 

to include all of, the’’. Page 131, line 12, strike ‘‘teaching as’’ and insert ‘‘teaching, 

which may include’’. Page 134, strike lines 22 and 23 and insert the following: ‘‘(C) STIPENDS; APPLICATIONS; AGREEMENTS; REPAYMENTS.—

Page 135, line 3, after the period insert ‘‘The stipend or salary 

shall be provided for no longer than 1 year.’’. 

Page 135, strike line 4 and all that follows through line 20 and 

insert the following: 

‘‘(ii) APPLICATIONS FOR STIPENDS.—Each teacher 

residency candidate desiring a stipend or salary during the period of residency shall submit an application 

to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require. ‘‘(iii) AGREEMENTS TO SERVE.—Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will— ‘‘(I) serve as a full-time teacher for a total of not 

less than 3 academic years after successfully completing the teaching residency program; ‘‘(II) teach in a high-need school served by the 

high-need local educational agency in the eligible 

partnership; ‘‘(III) teach in a field designated as high-need by 

the eligible partnership; 

‘‘(IV) provide to the eligible partnership a certificate, from the chief administrative officer of the 

school at which the resident is employed, of the 

employment required in subclauses (I), (II), and 

(III), at the beginning of, and upon completion of, 

each year or partial year of service; 

‘‘(V) be a highly qualified teacher, as defined in 

section 9101 of the Elementary and Secondary 

Education Act of 1965, when the applicant begins 

to fulfill the service obligation under this clause; 

and 

‘‘(VI) comply with the requirements set by the 

eligible partnership under clause (iv) if the applicant is unable or unwilling to complete the service 

obligation required by this clause. 

‘‘(iv) REPAYMENTS.— ‘‘(I) IN GENERAL.—An eligible partnership carrying out a teaching residency program under this 

subsection shall require a recipient of a stipend or 

salary under this subparagraph who does not complete the service obligation required by clause (iii) 


smartinez on PRODPC61 with REPORTS
17 

to repay the stipend or salary to the eligible partnership, together with interest thereon accruing 

from the date of the stipend or salary award, and 

in accordance with such other terms and conditions specified by the eligible partnership, as necessary. 

‘‘(II) OTHER TERMS AND CONDITIONS.—Any other 

terms and conditions specified by the eligible partnership may include reasonable provisions for deferral of a teaching resident’s service obligation required by clause (iii) on grounds of health, incapacitation, inability to secure employment in a 

school served by the eligible partnership, or other 

extraordinary circumstances. 

‘‘(III) USE OF REPAYMENTS.—An eligible partnership shall use any repayment received under this 

clause to carry out additional activities that are 

consistent with the purposes of this subsection. 

Page 136, line 8, strike ‘‘rural school districts’’ and insert ‘‘rural 

local educational agencies (as such term is defined in section 872 

of this Act)’’. 

Page 138, line 15, strike ‘‘designated by the Secretary’’. 

Page 144, line 25, after ‘‘instruction’’ insert ‘‘, including technology consistent with the principles of universal design for learning,’’. 

Page 157, beginning on line 2, strike ‘‘As a condition of receiving 

assistance under title IV, each’’ and insert ‘‘Each’’. 

Page 157, line 12, strike ‘‘Secretary’’ and insert ‘‘State educational agency’’. 

Page 157, beginning on line 19, strike ‘‘As a condition’’ and all 

that follows through ‘‘title IV, each’’ on line 20, and insert ‘‘Each’’. 

Page 158, line 11, before the period insert ‘‘, as applicable’’. 

Page 164, line 17, and page 165, line 3, strike ‘‘develop skills to 

enter’’ and insert ‘‘develop learning skills to succeed in higher education and to enter’’. 

Page 165, line 2, after ‘‘environments’’ insert ‘‘, including environments consistent with the principles of universal design for learning,’’. 

Page 165, line 19, insert ‘‘or masters’’ before ‘‘degrees’’. 

Page 167, line 10, strike ‘‘technology development’’ and insert 

‘‘development in the use of technology’’. 

Page 171, after line 5, insert the following new paragraph (and 

redesignate the succeeding paragraph accordingly): 

‘‘(6) A description of how the project—

‘‘(A) will incorporate State teacher technology standards; 

and 

‘‘(B) will incorporate State student technology standards. 

Page 174, line 20, strike ‘‘and’’; page 175, line 2, strike the period 

and insert a semicolon; and after line 2, insert the following new 

paragraphs: 

‘‘(6) may be used to develop and apply virtual classroom simulation and related technologies to enhance recruitment, preparation, and retention for high-need schools in the areas of 

mathematics, science, foreign languages, special education, or 


smartinez on PRODPC61 with REPORTS
18 

teaching the English language to students who are limited 

English proficient; and ‘‘(7) may be used to develop innovative teacher preparation 

programs that emphasize the essential components of reading 

instruction and other strategies based on scientifically valid research and that address early intervention strategies for students with reading difficulty or language processing differences. 

Page 177, line 10, strike ‘‘and’’; line 13, strike the period and insert a semicolon; and after line 13, insert the following new paragraphs: ‘‘(12) develop associate’s degree programs with an emphasis 

on the essential components of reading instruction to train 

educators such as pre-service teachers, paraprofessionals, 

speech-language pathology assistants, and tutors to teach students with reading difficulties and students who learn to read 

differently than their peers; and ‘‘(13) develop licensure programs for early childhood educators that emphasize the essential components of reading instruction and other strategies based on scientifically valid research, and that address strategies for early screening and 

early intervention for students with reading difficulty and who 

learn to read differently than their peers.’’. 

Page 179, beginning on line 24, strike ‘‘has the meaning’’ and all 

that follows through line 25, and insert ‘‘means a publicly funded 

institution of higher education (as defined in section 101) at which 

the highest degree awarded is predominantly the associates degree.’’. 

Page 183, line 13, after ‘‘teachers to’’ insert ‘‘serve in low-performing schools and’’. 

Page 188, line 15, strike ‘‘ACHIEVEMENT’’ and insert ‘‘STUDENT

LEARNING’’; and on lines 17 and 19, strike ‘‘achievement’’ and insert 

‘‘student learning’’. Page 189, line 3, insert after the period the following: ‘‘Further, 

the peer review standards shall ensure that reviewers have expertise in assessment systems, accountability, and instruction.’’. Page 190, line 10, after ‘‘childhood’’ insert ‘‘development and’’. Page 190, strike lines 11 and 12, and redesignate the succeeding 

subparagraphs accordingly. 

Page 190, beginning on line 15, strike ‘‘through age 5’’ and insert ‘‘to school entry’’. Page 192, line 4, after ‘‘supplemental initiative,’’ insert ‘‘the State 

Head Start collaboration director,’’. Page 222, line 2, strike ‘‘by regulation’’. Page 234, beginning on line 5, strike section 308 and insert the 

following: 

SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL 

FINANCING. 

(a) DEFINITIONS.—Section 342 (20 U.S.C. 1066a) is amended—

(1) in paragraph (5)(G), by inserting ‘‘by an accrediting agency or association recognized by the Secretary of Education’’

after ‘‘agency or association’’; 

(2) in paragraph (8)—

(A) is amended by striking ‘‘the private’’ and inserting 

‘‘any private’’; and 


smartinez on PRODPC61 with REPORTS
19 

(B) by inserting adding ‘‘capital project’’ after ‘‘issuing 

taxable’’; and 

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

‘‘(10) The term ‘eligible foundation’ means a non-profit foundation owned and sponsored by an eligible institution, or an 

entity wholly owned by such a foundation. ‘‘(11) The term ‘borrower’ means the eligible institution or 

the eligible foundation that receives funding pursuant to a 

loan.’’. (b) FEDERAL INSURANCE FOR BONDS.— (1) RESPONSIBILITIES OF DESIGNATED BONDING AUTHORITY.— Section 343(b) (20 U.S.C. 1066b(b)) is amended— (A) in paragraph (1), by striking ‘‘2 percent’’ and inserting ‘‘1 percent’’; 

(B) in paragraph (3)(A), by inserting ‘‘, not to exceed 1 

percent,’’ after ‘‘charge such interest’’; 

(C) in paragraph (8)— (i) by inserting ‘‘for loans closed before June 15, 

2008,’’ before ‘‘establish an escrow account’’; 

(ii) in subparagraph (B)(ii), by inserting ‘‘within 90 

days’’ after ‘‘loan proceeds’’; 

(D) by striking ‘‘and’’ at the end of paragraph (10); 

(E) by striking the period at the end of paragraph (11) 

and inserting a semicolon; and 

(F) by adding at the end the following new paragraphs: ‘‘(12) with respect to any such loan, provide that any loan 

collateralization shall not exceed 100 percent of the loan 

amount; and ‘‘(13) for loans closed after, June 15, 2008, establish a reserve 

account which shall be available to the Secretary to pay principal and interest on the bonds in the event of delinquency in 

loan repayment, which reserve account shall consist of an 

origination fee of 1 percent with respect to each loan.’’. (2) FORBEARANCE; DEFERMENT.—Section 343 is further 

amended by adding at the end the follow new subsections: 

‘‘(f) FORBEARANCE.—An insurance agreement under this subsection shall contain provisions providing that, upon request from 

the borrower and with the approval of the Secretary in consultation 

with the Advisory Board, the designated bond authority shall grant 

a borrower forbearance, renewable at 12-month intervals, on terms 

agreed to in writing by the parties to the loan with the approval 

of the Secretary, and otherwise consistent with the regulations of 

the Secretary. ‘‘(g) DEFERMENT.—An insurance agreement under this subsection 

shall contain provisions providing that, during construction or renovation, the Designated Bond Authority shall grant a borrower 

deferment, renewable at 12-month intervals, on terms agreed to in 

writing by the parties to the loan with the approval of the Secretary in consultation with the Advisory Board, and otherwise consistent with the regulations of the Secretary.’’. (c) LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED BY

THE DESIGNATED BONDING AUTHORITY.—Section 344(a) (20 U.S.C. 

1066c(a)) is amended— (1) by striking ‘‘$375,000,000’’ and inserting ‘‘$1,100,000,000’’; 


smartinez on PRODPC61 with REPORTS
20 

(2) by striking ‘‘$250,000,000’’ and inserting ‘‘$733,333,333’’; 

and 

(3) by striking ‘‘$125,000,000’’ and inserting ‘‘$366,666,666’’. 

(d) AUTHORITY OF THE SECRETARY.—Section 345(1) (20 U.S.C. 

1066d(1)) is amended—

(1) by striking ‘‘the Higher Education Amendments of 1992,’’

and inserting ‘‘the College Opportunity and Affordability Act of 

2007’’; 

(2) by striking ‘‘and’’ at the end of subparagraph (A); and 

(3) by inserting after subparagraph (B) the following new 

subparagraphs: 

‘‘(C) specify up to 3 designated bonding authorities to be 

authorized under this part; and 

‘‘(D) provide for periodic review of designated bonding 

authority authorizations no less frequently than every 3 

years;’’. 

(e) HBCU CAPITAL FINANCING ADVISORY BOARD.—Section 

347(b)(1) (20 U.S.C. 1066f(b)(1)) is amended—

(1) by striking out ‘‘9 members’’ and inserting ‘‘11 members’’; 

(2) in subparagraph (C), by striking ‘‘two’’ and inserting 

‘‘three’’; 

(3) by adding at the end the following new subparagraph: 

‘‘(G) The president of the Thurgood Marshall Scholarship 

Fund.’’. 

Page 238, beginning on line 8, strike ‘‘this subpart’’ and all that 

follows through ‘‘including’’ on line 9 and insert ‘‘this subpart. Such 

plan shall include, if the Secretary determines that it is practical, 

an objective measure of the impact of such projects, such as’’. 

Page 238, after line 19, insert the following new subparagraph 

(and redesignate the succeeding subparagraphs accordingly): 

(B) in subparagraph (C), by inserting before the semicolon the following: ‘‘, the Department of Defense, or the 

National Science Foundation’’; 

Page 248, beginning on line 12, strike subsection (d) and insert 

the following: 

(d) TECHNICAL AMENDMENTS TO CCRAA.—Section 401(b)(9) is 

amended—

(1) by amending subparagraph (D) to read as follows: 

‘‘(D) PROGRAM REQUIREMENTS AND OPERATIONS OTHERWISE UNAFFECTED.—Except as provided in subparagraphs 

(B) and (C), nothing in this paragraph shall be construed 

to alter the requirements and operations of the Federal 

Pell Grant Program as authorized under this section, or 

authorize the imposition of additional requirements or operations for the determination and allocation of Federal 

Pell Grants under this section.’’; and 

(2) by amending subparagraph (F) to read as follows: 

‘‘(F) AVAILABILITY OF FUNDS.—The amounts made available by subparagraph (A) for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall 

remain available through September 30 of the succeeding 

fiscal year.’’. 

Page 254, line 10, insert ‘‘and’’ after the semicolon and strike 

lines 11 through 14 and insert the following: 


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21 

(ii) by amending subparagraph (A) to read as follows: ‘‘(A) to synchronize the awarding of grants for programs 

under this chapter, the Secretary may, under such terms 

as are consistent with the purposes of this chapter, provide 

a one-time, limited extension of the length of such an 

award;’’; and 

Page 255, beginning on line 1, strike subparagraph (A) and insert the following: 

(A) in paragraph (2)— (i) by striking ‘‘(2) PRIOR EXPERIENCE.—In’’ and inserting the following: ‘‘(2) CONSIDERATIONS.—(A) PRIOR EXPERIENCE.—In’’; 

(ii) by striking ‘‘service delivery’’ and inserting ‘‘high 

quality service delivery, as determined under subsection (f),’’; and 

(iii) by adding at the end the following new subparagraph: 

‘‘(B) PARTICIPANT NEED.—In making grants under this chapter, the Secretary shall consider the number, percentages, and 

needs of eligible participants in the area, college, or school or 

schools to be served to aid such participants in preparing for, 

enrolling in, or succeeding in college, as appropriate to the particular program for which the eligible entity is applying.’’; 

Page 255, line 12, after ‘‘foster care youth’’ insert ‘‘(including 

youth in foster care and youth who have left foster care after 

reaching age 16)’’. 

Page 261, beginning on line 20, strike paragraph (5) and insert 

the following: 

‘‘(5) APPEALS.—(A) Upon a determination by the Secretary 

not to accept an application, or upon a determination by the 

Secretary through the peer review process as specified in subsection (c)(4) not to fund an application, for any program under 

this chapter, the Secretary shall allow such applicant to appeal 

the funding decision. An applicant may submit a written request for reconsideration of the application, with appropriate 

documentary evidence, to the Secretary. ‘‘(B) For appeals regarding the awarding of points for prior 

experience of high quality service delivery or a decision not to 

read an application or any mishandling of such application, a 

panel of three Department employees appointed by the Secretary shall review each request for reconsideration. The panel 

shall review the request for the purpose of identifying any 

technical errors or administrative problems with the scoring of 

the application, the awarding of prior experience points, or the 

handling of the application, including any decision not to read 

an application. The panel shall make its recommendations to 

the Secretary in writing. ‘‘(C) For appeals regarding scoring decisions by the peer review panel, the Secretary shall refer the application to a second peer review panel. 

‘‘(D) In each instance, after the Secretary or the Secretary’s 

designee considers the recommendations of the panel and 

makes a final decision, the Secretary shall notify each entity 

requesting reconsideration under this paragraph regarding the 


smartinez on PRODPC61 with REPORTS
22 

status of their appeal within 90 days after the date the applicant submitted the appeal.’’; 

Page 264, after line 20, insert the following new subsection (and 

redesignate the succeeding subsections accordingly): 

(b) TALENT SEARCH.—Section 402B(b)(10) (20 U.S.C. 1070a12(b)(10)) is amended by inserting ‘‘, groups of persons from disadvantaged backgrounds that have particular lower educational access or outcomes, or disconnected students’’ after ‘‘limited English 

proficiency’’. Page 264, line 25, strike ‘‘and’’; and on page 265, before line 1, 

insert the following new paragraph (and redesignate the succeeding 

paragraph accordingly): 

(2) in subsection (b)(12), by inserting ‘‘, groups of persons 

from disadvantaged backgrounds that have particular lower 

educational access or outcomes, or disconnected students’’ after ‘‘limited English proficiency’’; and 

Page 265, beginning on line 2, strike subsection (f) and insert the 

following: ‘‘(f) ABSOLUTE PRIORITY PROHIBITED IN UPWARD BOUND PROGRAM.—Upon enactment of this subsection and except as otherwise 

expressly provided by amendment to this section, the Secretary 

shall not continue implement or enforce the absolute priority for 

Upward Bound Program published by the Department of Education 

in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 

et seq.). This subsection shall not be applied retroactively. In implementing this subsection, the Department shall allow the programs and participants chosen in the grant cycle to which the priority applies to continue their grants and participation without a 

further recompetition. The entities shall not be required to apply 

the absolute priority conditions or restrictions to future participants.’’. 

Page 265, after line 9, insert the following new subsection (and 

redesignate the succeeding subsections accordingly): 

(d) STUDENT SUPPORT SERVICES.—Section 402D(b)(10) (20 U.S.C. 

1070a–14(b)(10)) is amended by inserting ‘‘, groups of persons from 

disadvantaged backgrounds that have particular lower educational 

access or outcomes, or disconnected students’’ after ‘‘limited 

English proficiency’’. 

Page 265, after line 14, insert the following new subsections (and 

redesignate the succeeding subsection accordingly): 

(f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 402F(b)(10) 

(20 U.S.C. 1070a–16(b)(10)) is amended by inserting ‘‘, groups of 

persons from disadvantaged backgrounds that have particular 

lower educational access or outcomes, or disconnected students’’

after ‘‘limited English proficiency’’. 

(g) STAFF DEVELOPMENT ACTIVITIES.—Section 402G(b) (20 U.S.C. 

1070a–17(b)) is amended by adding at the end the following new 

paragraph: 

‘‘(5) Strategies for recruiting and serving hard-to-reach populations, including students of limited English proficiency, 

groups of persons from disadvantaged backgrounds that have 

particular lower educational access or outcomes, disconnected 

students, and students with disabilities.’’. Page 272, beginning on line 8, strike clauses (iv) and (v) and insert the following: 


smartinez on PRODPC61 with REPORTS
23 

(iv) in paragraph (3), by inserting ‘‘eligible’’ before 

‘‘for assistance’’, and by striking the period and inserting ‘‘; or’’; and 

(v) by adding at the end the following new paragraph: 

‘‘(4) a disconnected student.’’. 

Page 276, strike lines 1 through 13 and insert the following: 

(f) SCHOLARSHIP COMPONENT.—Section 404E(b)(2) (20 U.S.C. 

1070a–25) is amended by striking ‘‘the maximum Federal Pell 

Grant’’ and inserting ‘‘the minimum Federal Pell Grant’’. 

Page 276, line 23, strike ‘‘subpart 1’’ and insert ‘‘subpart 2’’. 

Page 283, beginning on line 16, strike ‘‘and include’’ and all that 

follows through ‘‘this title’’ on line 21. 

Page 289, beginning on line 11, strike ‘‘(less any’’ and all that follows through ‘‘by the student)’’ on line 15. 

Page 290, beginning on line 8, strike ‘‘(less any’’ and all that follows through ‘‘by the student)’’ on line 11. 

Page 290, beginning on line 22, strike ‘‘(less any’’ and all that follows through ‘‘by the student)’’ on line 25. 

Page 301, beginning on line 25, strike paragraph (6) through 

page 302, line 6, and insert the following: 

(6) by inserting after subsection (f) the following: 

‘‘(g) RESERVATION AND ALLOCATION OF FUNDS.—From the 

amounts made available under subsection (i), the Secretary—

‘‘(1) may reserve not more than a total of 1⁄2 of 1 percent for 

outreach activities, technical assistance, and professional development programs relating to the programs under subsection 

(a); and 

‘‘(2) shall, in awarding grants from the remainder of such 

amounts— 

‘‘(A) make available not less than 45 percent of such remainder for the high school equivalency programs and not 

less than 45 percent of such remainder for the college assistance migrant programs; 

‘‘(B) award the rest of such remainder for either high 

school equivalency programs or college assistance migrant 

programs based on the number, quality, and promise of 

the applications; and 

‘‘(C) consider the need to provide an equitable geographic 

distribution of such grants.’’; 

Page 302, beginning on line 22, strike paragraph (8) through 

page 303, line 8, and insert the following: 

(8) by striking subsection (i) (as redesignated by paragraph 

(5)) and inserting the following: 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 

making grants and contracts under this section, there are authorized to be appropriated $75,000,000 for fiscal year 2009 and such 

sums as may be necessary for the each of the 4 succeeding fiscal 

years.’’. 

Page 305, line 6, strike ‘‘social psychology or’’. 

Page 306, strike lines 19 through 22. 

Page 311, line 13, after ‘‘service’’ insert ‘‘in a full-time position related to the field in which the student obtained his or her undergraduate degree,’’; and after ‘‘following’’ insert ‘‘the later of—’’. 


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24 

Page 311, strike lines 14 and 15, and before line 16, insert the 

following: 

‘‘(A) the completion of the student’s undergraduate degree program; or 

‘‘(B) the completion of a graduate degree program in a 

field related to the field in which the student obtained his 

or her undergraduate degree. 

Page 323, after line 3, insert the following new subsection: 

‘‘(g) REPORT ON BEST PRACTICES.—Within one year after the date 

of enactment of this section, the Secretary shall—

‘‘(1) conduct a study to identify the best practices to strengthen the role of institutions that receive funding under title III 

or title V in increasing America’s critical foreign language education efforts; and 

‘‘(2) submit a report on the results of such study to the authorizing committees. 

Page 323, before line 4, insert the following new section (and redesignate the succeeding section accordingly): 

‘‘SEC. 419D. ADJUNCT TEACHER CORPS. 

‘‘(a) PURPOSE.—The purpose of this section is to create opportunities for individuals with subject matter expertise in mathematics, 

science, and critical foreign languages to provide such subject matter expertise to secondary school students on an adjunct basis. 

‘‘(b) PROGRAM AUTHORIZED.—The Secretary is authorized to 

award grants to eligible entities to identify, recruit, and train individuals with subject matter expertise in mathematics, science, and 

critical foreign languages to serve as adjunct content specialists. 

‘‘(c) DURATION OF GRANTS.—The Secretary may award grants 

under this section for a period of not more than 5 years. 

‘‘(d) ELIGIBLE ENTITY.—For the purpose of this section, an eligible entity is—

‘‘(1) a local educational agency; or 

‘‘(2) a partnership consisting of a local educational agency, 

serving as a fiscal agent, and a public or private educational 

organization or business. 

‘‘(e) USES OF FUNDS.—An eligible entity that receives a grant 

under this section is authorized to use such grant to carry out one 

or both of the following activities: 

‘‘(1) To develop the capacity of the eligible entity to identify, 

recruit, and train individuals with subject matter expertise in 

mathematics, science, and critical foreign languages who are 

not employed in the elementary and secondary education system (including individuals in business and government, and individuals who would participate through distance-learning arrangements) to become adjunct content specialists. 

‘‘(2) To provide pre-service training and on-going professional 

development to adjunct content specialists. 

‘‘(f) APPLICATIONS.—

‘‘(1) APPLICATION REQUIRED.—To be considered for a grant 

under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary requires. 

‘‘(2) CONTENTS.—Such application shall include a description 

of—


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25 

‘‘(A) the need for, and expected benefits of using, adjunct 

content specialists in the schools of the local educational 

agency, which may include information on the difficulty 

the local educational agency faces in recruiting qualified 

faculty in mathematics, science, and critical foreign language courses; 

‘‘(B) measurable objectives for the activities supported by 

the grant, including the number of adjunct content specialists the eligible entity intends to place in schools and classrooms, and the gains in academic achievement expected as 

a result of the addition of such specialists; 

‘‘(C) how the eligible entity will establish criteria for and 

recruit the most qualified individuals and public or private 

organizations and businesses to participate in the activities supported by the grant; 

‘‘(D) how the eligible entity will provide pre-service 

training and on-going professional development to adjunct 

content specialists to ensure that such specialists have the 

capacity to serve effectively; 

‘‘(E) how the eligible entity will use funds received under 

this section, including how the eligible entity will evaluate 

the success of the activities supported by the grant; 

‘‘(F) how the eligible entity will support and continue the 

activities supported by the grant after the grant has expired, including how such entity will seek support from 

other sources, such as State and local government and the 

private sector; and 

‘‘(G) an assurance that the use of adjunct content specialists will not result in the displacement or transfer of 

currently employed teachers nor a reduction in the number 

of overall teachers in the district. 

‘‘(g) PRIORITIES.—In awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate in the 

application for such a grant a plan to—

‘‘(1) serve the schools of the local educational agency that 

have a large number or percentage of students performing 

below grade level in mathematics, science, or critical foreign 

language courses; 

‘‘(2) serve local educational agencies that have a large number or percentage of students from families with incomes below 

the poverty line (as such term is defined in section 200); and 

‘‘(3) recruit and train individuals to serve as adjunct content 

specialists in schools that have an insufficient number of 

teachers in mathematics, science, or critical foreign languages. 

‘‘(h) MATCHING REQUIREMENT.—Each eligible entity that receives 

a grant under this section shall provide, from non-Federal sources, 

an amount equal to 100 percent of the amount of such grant (in 

cash or in kind) to carry out the activities supported by such grant. 

‘‘(i) PERFORMANCE REPORT.—Each eligible entity receiving a 

grant under this section shall prepare and submit to the Secretary 

a final report on the results of the activities supported by such 

grant, which shall contain such information as the Secretary may 

require, including any improvements in student academic achievement as a result of the use of adjunct content specialists. 


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26 

‘‘(j) EVALUATION.—The Secretary shall evaluate the activities 

supported by grants under this section, including the impact of 

such activities on student academic achievement, and shall report 

the results of such evaluation to the authorizing committees. ‘‘(k) DEFINITION.—In this section the term ‘adjunct content specialist’ means an individual who— ‘‘(1) meets the requirements of section 9101(23)(B)(ii) of the 

Elementary and Secondary Education Act of 1965; ‘‘(2) has demonstrated expertise in mathematics, science, or 

a critical foreign language, as determined by the local educational agency; and ‘‘(3) may not be the primary provider of instructional services 

to a student unless the adjunct content specialist is under the 

direct supervision of a teacher who meets the requirements of 

Section 9101(23) of such Act.’’. Page 323, after line 25, insert the following new subsection (and 

redesignate the succeeding subsection accordingly): 

(e) REPORTING REQUIREMENTS.—Section 419N(e) is amended— (1) in paragraph (1)(A), by striking ‘‘18 months,’’ and all that 

follows through the end thereof and inserting ‘‘annually.’’; and 

(2) in paragraph (2)— (A) by striking ‘‘the third annual grant payment’’ and inserting ‘‘continuation awards’’; and 

(B) by striking ‘‘the 18-month report’’ and inserting ‘‘the 

reports’’. Page 324, line 23, strike ‘‘and’’ and after such line insert the following new paragraph (and redesignate the succeeding paragraph 

accordingly): 

(3) in section 420N— (A) in subsection (b)— (i) in paragraph (1)(E), by striking ‘‘and’’ after the 

semicolon; 

(ii) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new paragraph: 

‘‘(3) contains, or is accompanied by, a plain-language disclosure form developed by the Secretary that clearly describes the 

nature of the TEACH Grant award, the service obligation, and 

the loan repayment requirements that are the consequence of 

the failure to complete the service obligation.’’; and 

(B) by adding a the end the following new subsection: 

‘‘(d) ADDITIONAL ADMINISTRATIVE PROVISIONS.—

‘‘(1) CHANGE OF HIGH-NEED DESIGNATION.—In the event that 

a recipient of an initial grant under this subpart has acquired 

an academic degree, or expertise, in a field that was, at the 

time of the recipient’s application for that grant, designated as 

high-need in accordance with subsection (b)(1)(C)(vii), but is no 

longer so designated, the grant recipient may fulfill the service 

obligation described in subsection (b)(1) by teaching in that 

field. ‘‘(2) EXTENUATING CIRCUMSTANCES.—The Secretary shall establish, by regulation, categories of extenuating circumstances 

under which a recipient of a grant under this subpart who is 

unable to fulfill all or part of his or her service obligation may 


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27 

be excused from fulfilling that portion of the service obligation.’’; and 

Page 325, beginning on line 4, strike ‘‘Such evaluation shall’’ and 

all that follows through line 18 and insert close quotations marks 

and a period. 

Page 326, line 21, after ‘‘this title’’ insert ‘‘, as determined by the 

Secretary,’’. Page 327, beginning on line 1, strike subparagraph (B) and insert the following: ‘‘(B) An institution and any third party servicer obtaining access to information under subparagraph (A), including any subcontractor obtaining access to information 

under subparagraph (C)(iii), shall safeguard that information— ‘‘(i) as required by any law applicable to the institution, third party servicer, or subcontractor; and ‘‘(ii) at least to the same extent that the disclosing 

financial institution is required to safeguard its customer information under sections 501 and 505(b) of 

the Gramm-Leach-Bliley Act (15 U.S.C. 6801, 6805(b)). 

Page 327, line 16, after ‘‘the borrower’’ insert ‘‘, a subcontractor 

of the third party servicer for purposes of skip tracing,’’. Page 327, line 23, strike the close quotation marks and the following period; and after line 23, insert the following: ‘‘(D) Any requirement under subparagraph (A) to provide 

student loan information shall be considered an applicable 

legal requirement for the purposes of section 502(e)(8) of 

the Gramm-Leach-Bliley Act (15 U.S.C. 6802(e)(8)). ‘‘(E) Any subcontractor obtaining access to information 

under subparagraph (C)(iii) shall meet the same restrictions that apply to third party servicers under subparagraph (C).’’. Page 328, before line 1, insert the following new sections (and redesignate the succeeding sections accordingly): 

SEC. 424. VOLUNTARY FLEXIBLE AGREEMENTS.. 

Section 428A(a) (20 U.S.C. 1078-1(a)) is amended by adding at 

the end the following new paragraph: ‘‘(3) REPORT REQUIRED.—The Secretary, in consultation with 

the guaranty agencies participating under voluntary flexible 

agreements, shall report on an annual basis to the authorizing 

committees regarding the program outcomes that the voluntary 

flexible agreements have had with respect to program integrity, program and cost efficiencies, delinquency prevention, default aversion, and consumer education programs described in 

section 433A, and the availability and delivery of student financial aid. Such report shall include—

‘‘(A) a description of each voluntary flexible agreement 

and the performance goals established by the Secretary for 

each agreement; 

‘‘(B) a list of participating guaranty agencies and the 

specific statutory or regulatory waivers provided to each 

guaranty agency and any waivers provided to other guaranty agencies under paragraph (2); 

‘‘(C) a description of the standards by which each agency’s performance under the agency’s voluntary flexible 


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28 

agreement was assessed and the degree to which each 

agency achieved the performance standards; 

‘‘(D) an analysis of the fees paid by the Secretary, and 

the costs and efficiencies achieved under each voluntary 

flexible agreement; and 

‘‘(E) an identification of promising practices for program 

improvement that could be replicated by other guaranty 

agencies.’’. 

SEC. 425. GRACE PERIOD FOR GRADUATE AND PROFESSIONAL STUDENT PLUS LOANS. 

(a) AMENDMENT.—Section 428B(d) (20 U.S.C. 1078-2(d)) is 

amended by amending paragraphs (1) and (2) to read as follows: 

‘‘(1) COMMENCEMENT OF REPAYMENT.—Repayment of principal on loans made under this section shall—

‘‘(A) commence not later than—

‘‘(i) in the case of a parent borrower, 60 days after 

the date such loan is disbursed by the lender; and 

‘‘(ii) in the case of a graduate or professional student 

borrower, commence at the beginning of a repayment 

period that begins the day after 6 months after the 

date the student ceases to carry at least one-half the 

normal full-time academic workload (as determined by 

the institution); and 

‘‘(B) be subject to deferral during any period during 

which the graduate or professional student or the parent 

meets the conditions required for a deferral under section 

427(a)(2)(C) or 428(b)(1)(M). 

‘‘(2) CAPITALIZATION OF INTEREST.—

‘‘(A) IN GENERAL.—Interest on loans made under this 

section—

‘‘(i) which accrues prior to the beginning of repayment under paragraph (1)(A)(i), shall be added to the 

principal amount of the loan; and 

‘‘(ii) which accrues during a period in which payments of principal are deferred pursuant to paragraph 

(1)(B) shall, if agreed upon by the borrower and the 

lender—

‘‘(I)(aa) be paid monthly or quarterly; or 

‘‘(bb) be added to the principal amount of the 

loan not more frequently than quarterly by the 

lender. 

‘‘(B) INSURABLE LIMITS.—Capitalization of interest under 

this paragraph shall not be deemed to exceed the annual 

insurable limit on account of the borrower.’’. 

(b) CONFORMING AMENDMENT.—Section 428(b)(7)(C) (20 U.S.C. 

1078(b)(7)(C)) is amended by striking ‘‘, 428B,’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall be effective for loans issued on or after July 1, 2008. 

Page 329, after line 4 insert the following new sections (and redesignate the succeeding sections accordingly): 

SEC. 427. EXTENSION OF CONSOLIDATION LOAN AUTHORITY. 

Section 428C(e) (20 U.S.C. 1078–3(c)) is amended by striking 

‘‘2012’’ and inserting ‘‘2013.’’


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29 

SEC. 428. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS. 

(a) SPECIAL RULE.—Section 428G(a) (20 U.S.C. 1078-7(a)) is 

amended by adding at the end the following new paragraph: 

‘‘(4) AMENDMENT TO SPECIAL RULE.—Beginning on October 1, 

2011, the special rule under paragraph (3) shall be applied by 

substituting ‘15 percent’ for ‘10 percent’.’’. 

(b) REQUIREMENTS FOR DISBURSEMENTS TO FIRST YEAR STUDENTS.—Section 428G(b) (20 U.S.C. 1078-7(b)) is amended by adding at the end the following new paragraph: 

‘‘(3) AMENDMENT TO COHORT DEFAULT RATE EXEMPTION.—Beginning on October 1, 2011, the exemption to the requirements 

of paragraph (1) in the second sentence of such paragraph 

shall be applied by substituting ‘15 percent’ for ‘10 percent’.’’. 

Page 332, line 22, after ‘‘PATHOLOGISTS’’ insert ‘‘AND AUDIOLOGISTS’’; and line 23, after ‘‘pathologist’’ insert ‘‘or audiologist’’. 

Page 333, line 2, insert ‘‘, audiology’’ before the comma. 

Page 335, after line 14, insert the following new paragraphs: 

‘‘(14) DENTISTS.—An individual who—

‘‘(A) has received his or her degree from an accredited 

dental school (as accredited by the Commission on Dental 

Accreditation) and has completed residency training in pediatric dentistry, general dentistry, or dental public health; 

or 

‘‘(B) is employed as a member of the faculty at a program or school accredited by the Commission on Dental 

Accreditation. 

‘‘(15) STEM EMPLOYEES.—An individual who is employed in 

engineering, technology, applied sciences, or mathematics. 

Page 336, after line 18, insert the following new paragraph (and 

redesignate the succeeding paragraphs accordingly): 

‘‘(1) AUDIOLOGIST.—The term ‘audiologist’ means an individual who—

‘‘(A) has received, at a minimum, a graduate degree in 

audiology from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 496(a) of this Act; and 

‘‘(B) provides audiology services under subsection (ll)(2) 

of section 1861 of the Social Security Act (42 U.S.C. 

1395x(ll)(2)), or meets or exceeds the qualifications for a 

qualified audiologist under subsection (ll)(4) of such section 

(42 U.S.C. 1395x(ll)(4)). 

Page 348, beginning on line 5, strike subsection (c) and insert the 

following: 

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

construed to prohibit—

‘‘(1) a guaranty agency from using activities, programs, and 

materials existing on the date of enactment of this section in 

meeting the requirements of this section; or 

‘‘(2) a lender or loan servicer from providing outreach or financial aid literacy information in accordance with subsection 

(b).’’. 

Page 348, after line 8, insert the following new section (and redesignate the succeeding sections accordingly): 


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30 

SEC. 433. DEFINITION OF ELIGIBLE INSTITUTION: PARTICIPATION 

RATE INDEX. 

(a) AMENDMENTS.—Section 435(a) (20 U.S.C. 1085(a)) is amended—

(1) in paragraph (2)—

(A) in subparagraph (A)(ii), by striking ‘‘paragraph (4)’’

and inserting ‘‘paragraph (5)’’; and 

(B) in subparagraph (B)—

(i) by striking ‘‘and’’ at the end of clause (ii); and 

(ii) by striking clause (iii) and inserting the following new clauses: 

‘‘(iii) 25 percent for fiscal year 1994 through fiscal 

year 2011; and 

‘‘(iv) 30 percent for fiscal year 2012 and any succeeding fiscal year.’’; 

(2) by redesignating paragraph (6) as paragraph (8), and redesignating paragraphs (3) through (5) as paragraphs (4) 

through (6), respectively; 

(3) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) APPEALS FOR REGULATORY RELIEF.—An institution whose 

cohort default rate, calculated in accordance with subsection 

(m), is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) of this subsection, for two consecutive fiscal years may, within 30 days of receiving notification 

from the Secretary, file an appeal demonstrating exceptional 

mitigating circumstances, as defined in paragraph (5). The Secretary shall issue a decision on any such appeal within 45 days 

after its submission. If the Secretary determines that the institution demonstrates exceptional mitigating circumstances, the 

Secretary shall not subject the institution to provisional certification based solely on the institution’s cohort default rate.’’; 

(4) in paragraph (5)(A) (as redesignated by paragraph (2) of 

this subsection), by striking ‘‘For the purposes of paragraph 

(2)(A)(ii)’’ and all that follows through ‘‘following criteria:’’, and 

inserting ‘‘For purposes of this subsection, an institution of 

higher education shall be treated as having exceptional mitigating circumstances that make application of paragraph (2) 

inequitable, and that provide for regulatory relief under paragraph (3), if such institution, in the opinion of an independent 

auditor, meets the following criteria:’’; 

(5) by inserting after paragraph (6) (as redesignated by paragraph (2) of this subsection) the following new paragraph: 

‘‘(7) DEFAULT PREVENTION AND ASSESSMENT OF ELIGIBILITY

BASED ON HIGH DEFAULT RATES.—

‘‘(A) FIRST YEAR.—(i) An institution whose cohort default 

rate is equal to or greater than the threshold percentage 

specified in paragraph (2)(B)(iv) in any fiscal year shall establish a default prevention task force to prepare a plan 

to—

‘‘(I) identify the factors causing the institution’s 

cohort default rate to exceed such threshold; 

‘‘(II) establish measurable objectives to improve 

the institution’s cohort default rate; and 


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31 

‘‘(III) specify actions that the institution can 

take to improve student loan repayment, including 

enhanced use of professional judgment and discretion of student financial aid administrators. ‘‘(ii) Each institution subject to this subparagraph shall 

submit the plan under clause (i) to the Secretary, who 

shall review the plan and offer technical assistance to the 

institution to promote improved student loan repayment. ‘‘(B) SECOND CONSECUTIVE YEAR.—(i) An institution 

whose cohort default rate is equal to or greater than the 

threshold percentage specified in paragraph (2)(B)(iv) for 

two consecutive fiscal years shall require the institution’s 

default prevention task force established under subparagraph (A) to review and revise the plan required under 

such subparagraph, and shall submit such revised plan to 

the Secretary. ‘‘(ii) The Secretary shall review each revised plan submitted in accordance with this subparagraph, and may direct that such a plan be amended to include actions, with 

measurable objectives, that the Secretary determines, 

based on available data and analyses of student loan defaults, will promote student loan repayment. ‘‘(C) COHORT DEFAULT RATES PUBLISHED.—The Secretary 

shall make available to the public on the College Navigator web site the cohort default rate and the plan of the 

default prevention task force of each institution that is 

subject to this paragraph.’’; and 

(6) in paragraph (8)(A) (as redesignated by paragraph (2) of 

this subsection), by striking ‘‘0.0375’’ and inserting ‘‘0.0625’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a)(6) 

is effective for fiscal years beginning on or after October 1, 2011. 

Page 348, line 22, strike ‘‘beginning of the third’’ and insert ‘‘end 

of the second’’. Page 348, after line 23, insert the following new paragraph (and 

redesignate the succeeding paragraphs accordingly): 

(2) in paragraph (1)(B), by striking ‘‘such fiscal year’’ and inserting ‘‘such second fiscal year’’; 

Page 349, beginning on line 1, strike ‘‘beginning of the third’’ and 

insert ‘‘end of the second’’. Page 349, strike lines 4 through 10 and insert the following: 

(3) in paragraph (2)(C)— (A) by striking ‘‘end of such following fiscal year is not 

considered as in default for the purposes of this subsection’’ and inserting ‘‘end of the second fiscal year following the year in which the loan entered repayment is 

not considered as in default for purposes of this subsection’’; and 

(B) by striking ‘‘such fiscal year’’ and inserting ‘‘such second fiscal year’’; and 

Page 349, line 21, strike ‘‘cohort default data’’ and insert ‘‘cohort 

default rate’’. 

Page 348, line 19, insert ‘‘(a) AMENDMENTS.—’’ before ‘‘Section 

435(m)’’; and on page 350, after line 13, insert the following new 

subsection: 

(b) EFFECTIVE DATE AND TRANSITION.—


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32 

(1) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall be effective for purposes of calculating cohort default 

rates for fiscal year 2008 and succeeding fiscal years. 

(2) TRANSITION.—Notwithstanding paragraph (1), the method 

of calculating cohort default rates under section 435(m) of the 

Higher Education Act of 1965 as in effect on the day before the 

date of enactment of this Act shall continue in effect, and the 

rates so calculated shall be the basis for any sanctions imposed 

on institutions of higher education because of their cohort default rates, until three consecutive years of cohort default rates 

calculated in accordance with the amendments made by subsection (a) are available. 

Page 351, line 19, strike ‘‘2752(d)(4)(D)’’ and insert ‘‘2752(c)(4)(D)’’. Page 351, after line 20, insert the following new subsections: 

(c) GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.—Section 443 

(42 U.S.C. 2753) is amended —

(1) in subsection (b)(2)(B), strike ‘‘(as described in subsection 

(d)), is’’ insert the following: ‘‘(as described in subsection (d)), 

and not less than 1 civic education and participation project (as 

described in subsection (e)), are’’; 

(2) by adding at the end the following new subsection: 

‘‘(e) CIVIC EDUCATION AND PARTICIPATION ACTIVITIES.— ‘‘(1) USE OF FUNDS.—In any academic year to which subsection (b)(2)(B) applies, an institution shall ensure that funds 

granted to such institution under this section are used in accordance with such subsection to compensate (including compensation for time spent in training and travel directly related 

to civic education and participation activities) students employed in projects that— ‘‘(A) teach civics in schools; 

‘‘(B) raise awareness of government functions or resources; or ‘‘(C) increase civic participation such as in voting or running for elected office. 

‘‘(2) PRIORITY FOR SCHOOLS.—To the extent practicable, an 

institution shall— ‘‘(A) give priority to the employment of students participating in projects that educate or train the public about 

evacuation, emergency response, and injury prevention 

strategies relating to natural disasters, acts of terrorism, 

and other emergency situations; and ‘‘(B) ensure that any student compensated with the 

funds described in paragraph (1) receives appropriate 

training to carry out the educational services required. ‘‘(3) FEDERAL SHARE.—The Federal share of the compensation of work-study students compensated under this subsection 

may exceed 75 percent.’’. 

(d) FLEXIBLE USE OF FUNDS.—Section 445 (42 U.S.C. 2755) is 

amended by adding at the end the following new subsection: ‘‘(d) FLEXIBILITY IN THE EVENT OF A MAJOR DISASTER.— ‘‘(1) In the event of a major disaster, an eligible institution 

located in any area affected by such major disaster, as determined by the Secretary, may make payments under this part 

to disaster-affected students as follows: 


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33 

‘‘(A) For any academic year during which a major disaster occurs, such an eligible institution may pay wages 

under this part to disaster-affected students in an amount 

equal to or less than the amount of wages such students 

would have been paid under this part had the students 

been able to complete the work obligation necessary to receive work study funds for such academic year. 

‘‘(B) Wages shall not be awarded to any student who, for 

the academic year during which a major disaster occurs, 

was not eligible for work study or was not completing the 

work obligation necessary to receive work study funds 

under this part prior to the occurrence of the major disaster. 

‘‘(C) Any wages awarded to disaster-affected students 

under this subsection shall meet the matching requirements outlined in section 443. 

‘‘(2) DEFINITIONS.—In this subsection: 

‘‘(A) The term ‘disaster-affected students’ means students enrolled at an eligible institution who—

‘‘(i) were receiving Federal work study payments 

from such eligible institution for an academic year 

prior to the occurrence of a major disaster during such 

academic year; and 

‘‘(ii) were prevented from fulfilling their work-study 

obligations for such academic year due to such major 

disaster, as determined by the Secretary. 

‘‘(B) The term ‘major disaster’ has the meaning given 

such term in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.’’. 

Page 367, after line 3, insert the following new subsection (and 

redesignate the succeeding subsections accordingly): 

(c) TREATMENT OF COOPERATIVE EDUCATION WORK INCOME.—

Section 480(e) (20 U.S.C. 1087vv(e)) is amended—

(1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and 

(2) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) any income earned from work under a cooperative education program offered by an institution of higher education;’’. 

Page 400, beginning on line 3, strike paragraphs (1) through 

page 402, line 6, and insert the following (and redesignate the succeeding paragraph accordingly): 

‘‘(1) IN GENERAL.—Notwithstanding subsections (a), (c), and 

(d), in order to receive any grant or work assistance under section 401, subpart 3 of part A, and part C of this title, a student 

with an intellectual disability (as defined in section 768(2)) 

shall—

‘‘(A) be enrolled or accepted for enrollment in a comprehensive transition and postsecondary education program for students with intellectual disabilities at an institution of higher education; 

‘‘(B) be maintaining satisfactory progress in the program 

as determined by the institution, in accordance with standards established by the institution; and 


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‘‘(C) meet the requirements of paragraphs (3), (4), (5), 

and (6) of subsection (a). ‘‘(2) AUTHORITY.—Notwithstanding any other provision of 

law, unless enacted with specific reference to this section, the 

Secretary is authorized to waive any statutory provision applicable to the student financial assistance programs under section 401, subpart 3 of part A, or part C of this title, or any institutional eligibility provisions of this title, as the Secretary 

deems necessary to ensure that programs enrolling students 

with intellectual disabilities otherwise determined to be eligible under this subsection may receive such financial assistance. 

Page 402, line 7, strike ‘‘rules’’ and insert ‘‘regulations’’. Page 405, strike lines 7 through 9 and insert the following: 

(a) DISCLOSURE OF POLICIES.—Section 485(a) (20 U.S.C. 1092(a)) 

is amended—

Page 405, after line 9, insert the following new paragraph: 

(1) in paragraph (1)—

(A) in subparagraph (G), by striking ‘‘program, and’’; 

Page 405, beginning on line 10, redesignate paragraphs (1), (2), 

and (3) as subparagraphs (B), (C), and (D), respectively, and move 

the margins of such subparagraphs (as so redesignated) to the 

right two ems spaces. 

Page 405, strike line 13 and insert ‘‘graph (O) and inserting a 

semicolon; and’’. 

Page 405, line 15, strike ‘‘paragraph’’ and insert ‘‘paragraphs’’. 

Page 406, line 12, strike the period, close quotation marks, and 

following period and insert ‘‘; and’’, and after such line insert the 

following new subparagraph: 

‘‘(Q) institutional policies regarding meningoccal vaccinations which may include offering the vaccinations through 

the institution at a cost to the student.’’; and 

Page 406, before line 13, insert the following new paragraph: 

(2) by amending paragraph (4) to read as follows: 

‘‘(4) For purposes of this section, institutions may— ‘‘(A) exclude from the information disclosed in accordance with subparagraph (L) of paragraph (1) the completion or graduation rates of students who leave school to 

serve in the Armed Forces, on official church missions, or 

with a recognized foreign aid service of the Federal Government; or ‘‘(B) in cases in which the students described in subparagraph (A) represent 20 percent or more of the certificateor degree-seeking, full-time, undergraduate students at an 

institution, the institution may recalculate the completion 

or graduation rates of such students by excluding from the 

calculation described in paragraph (3) the time period during which such students were not enrolled due to the service described in subparagraph (A) of this paragraph.’’. Page 406, beginning on line 18, strike paragraph (2) through 

page 407, line 23, and insert the following: 

(2) in subparagraph (F)(ii), by inserting after ‘‘through (VIII) 

of clause (I)’’ the following: ‘‘, and for larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of 

property,’’. 


smartinez on PRODPC61 with REPORTS
35 

Page 417, line 18, strike ‘‘Each’’ and insert the following: ‘‘(1) NOTICE UPON ENROLLMENT.—Each 

Page 417, line 21, strike the close quotation marks and following 

period, and after such line insert the following; ‘‘(2) NOTICE AFTER LOSS OF ELIGIBILITY.—Within two weeks 

of notification by the Secretary that a student has lost eligibility under section 484(r) for any grant, loan, or work assistance, an institution of higher education shall provide to each 

such student affected by the penalties listed under 484(r)(1) a 

separate, clear, and conspicuous written notice that notifies the 

student of the loss of eligibility and advises the student of the 

ways in which the student can regain eligibility under section 

484(r)(2).’’. Page 417, before line 22, insert the following new subsection: 

(e) DISCLOSURE OF ATHLETICALLY RELATED GRADUATION

RATES.—Section 485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read 

as follows: 

‘‘(3) For purposes of this subsection, institutions may—

‘‘(A) exclude from the reporting requirements under 

paragraphs (1) and (2) the completion or graduation rates 

of students and student athletes who leave school to serve 

in the Armed Forces, on official church missions, or with 

a recognized foreign aid service of the Federal Government; or 

‘‘(B) in cases in which the students described in subparagraph (A) represent 20 percent or more of the certificateor degree-seeking, full-time, undergraduate students at an 

institution, the institution may calculate the completion or 

graduation rates of such students by excluding from the 

calculations described in paragraph (1) the time period 

during which such students were not enrolled due to the 

service described in subparagraph (A) of this paragraph.’’. 

Page 418, line 4, strike ‘‘REQUIREMENTS’’ and insert ‘‘ESTAB- LISHED’’. 

Page 418, beginning on line 12, strike ‘‘, and on the application 

materials of such institutions’’. 

Page 418, line 18, insert ‘‘and’’ after the semicolon; strike lines 

19 through 21; and redesignate the succeeding subparagraphs accordingly. 

Page 419, beginning on line 4, strike ‘‘limit the’’ and all that follows through line 5 and insert ‘‘authorize the Secretary to require 

particular policies, procedures, or practices by institutions of higher 

education with respect to articulation agreements.’’. 

Page 419, beginning on line 10, strike ‘‘, including private nonprofit and for-profit institutions’’. 

Page 420, line 24, after ‘‘degree’’ insert ‘‘or program’’. 

Page 430, beginning on line 6, strike clause (i) and insert the following new clauses (and redesignate the succeeding clause accordingly): 

‘‘(i) in the case of loans made by an institution, for 

each of the institution’s fiscal years 2009 through 

2012, the principal amount of loans made by the institution, based on the expected interest earned less the 

estimated amount to account for future defaults and 

loan forgiveness accounted for on an accrual basis, in 


smartinez on PRODPC61 with REPORTS
36 

accordance with Generally Accepted Accounting Principles and related standards and guidance, if the loans 

are bona fide as evidenced by enforceable promissory 

notes, are issued at intervals related to the institution’s enrollment periods, and are subject to regular 

loan repayments and collections; ‘‘(ii) in the case of loans made by an institution, for 

the institution’s fiscal year 2013 and each of the institution’s subsequent fiscal years, only the amount of 

loan repayments received during the fiscal year; and 

Page 435, after line 10, insert the following new subsection: 

(f) INSTITUTIONAL CERTIFICATIONS FOR PRIVATE EDUCATIONAL

LOANS.—Section 487(a) is further amended by adding at the end 

the following new paragraph: ‘‘(29)(A) The institution will— ‘‘(i) upon the request of a private educational lender, 

acting in connection with an application initiated by a 

consumer for a private educational loan, provide certification to such private educational lender— ‘‘(I) that the student who initiated the application for the private educational loan, or on whose 

behalf the application was initiated, is enrolled or 

is scheduled to enroll at the institution; ‘‘(II) of the student’s cost of attendance at the 

institution as determined under part F of this 

title; and ‘‘(III) of the difference between the cost of attendance of the institution and the student’s estimated financial assistance received under this 

title and other assistance known to the institution; ‘‘(ii) disclose a borrower’s ability to select a private 

educational lender of the borrower’s choice; and ‘‘(iii) inform students about the impact of a proposed 

private educational loan on the students’ potential eligibility for other financial assistance, including Federal financial assistance under this title. ‘‘(B) For purposes of this paragraph, the terms ‘private educational lender’ and ‘private educational loan’ have the meanings given in section 140 of the Truth in Lending Act (15 

U.S.C. 1631 et seq.).’’. 

Page 437, after line 12, insert the following new section (and redesignate the succeeding sections accordingly): 

SEC. 492. TRANSFER OF ALLOTMENTS. 

Section 488 (20 U.S.C. 1095) is amended by striking ‘‘section 

413D.’’ and inserting ‘‘section 413D or 462 (or both).’’. 

Page 443, line 2, after ‘‘graph’’ insert ‘‘, nor shall the agency or 

association be required to obtain the approval of the Secretary to 

expand its scope of accreditation to include distance education, provided that the agency or association notifies the Secretary in writing of the change in scope’’. 

Page 443, after line 9, insert the following new subparagraph 

(and redesignate the succeeding subparagraphs accordingly): 

(B) in paragraph (5), by amending subparagraph (A) to 

read as follows: 


smartinez on PRODPC61 with REPORTS
37 

‘‘(A) success with respect to student achievement in relation the institution’s mission, which may include different 

standards for different institutions or programs, as established by the institution, including, as appropriate, consideration of State licensing examinations, consideration of 

course completion, and job placement rates;’’; 

Page 447, after line 9, insert the following new subsection (and 

redesignate the succeeding subsection accordingly): 

(b) RULE OF CONSTRUCTION.—Section 496 is further amended by 

adding at the end the following new subsection: ‘‘(p) RULE OF CONSTRUCTION.—Nothing in subsection (a)(5) of this 

section shall restrict the authority of— ‘‘(1) an accrediting agency or association to set, with the involvement of its members, and to apply accreditation standards 

to institutions or programs that seek review by the agency or 

association; or ‘‘(2) an institution to develop and use institutional standards 

to show its success with respect to student achievement, which 

shall be considered as part of any accreditation review.’’. Page 481, beginning on line 24, strike subsection (e) through 

page 482, line 2, and redesignate the succeeding subsection accordingly. 

Page 492, line 14, strike ‘‘subpart 5’’ and insert ‘‘subpart 6’’; line 

17, strike ‘‘THROUGH 4’’ and insert ‘‘THROUGH 5’’; line 20, 

strike ‘‘through 4’’ and insert ‘‘through 5’’; and line 23, strike ‘‘or 

4’’ and insert ‘‘4, or 5’’. Page 502, after line 23, insert the following new section (and redesignate the succeeding sections accordingly): 

SEC. 705. MASTERS DEGREES PROGRAMS AT HISTORICALLY BLACK 

COLLEGES AND UNIVERSITIES AND OTHER MINORITY 

SERVING INSTITUTIONS. 

Part A of title VII (20 U.S.C. 1134) is further amended by inserting after subpart 4 (as added by section 704 of this Act) the following subpart: 

‘‘Subpart 5—Masters Degrees Programs at Historically Black Colleges and Universities and Other 

Minority Serving Institutions 

‘‘SEC. 723. GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS AT 

ELIGIBLE INSTITUTIONS. 

‘‘(a) GRANT AUTHORITY.— ‘‘(1) IN GENERAL.—From the amounts appropriated under 

subsection (g), the Secretary shall make grants to graduate 

academic departments, programs, and other academic units at 

historically Black colleges and universities and other minorityserving institutions that provide qualified courses of study 

leading to a degree in a qualified masters degree program described in subsection (d)(1)(B). Such grants shall be used to 

make fellowship awards to eligible students and may be combined with matching grants from non-Federal sources to 

strengthen qualified masters degree programs. ‘‘(2) ADDITIONAL GRANTS.—From the amounts appropriated 

under subsection (g), The Secretary may also make grants to 

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38 

tions that submit joint proposals, and have formal arrangements designed to fulfill the purposes of this subpart. ‘‘(b) AWARD AND DURATION OF GRANTS.— ‘‘(1) AWARDS.—The Secretary shall make awards to institutions that are eligible under subsection (d) and that submit an 

application to the Secretary in accordance with subsection (c). 

Awards shall be based on the following criteria: ‘‘(A) The number of students enrolled in the masters degree program. ‘‘(B) The number of students who earned such degrees in 

the previous year from the program for which the eligible 

institution is seeking funds. ‘‘(C) The average cost of education per student, for all 

full-time masters degree students enrolled in the qualified 

masters degree program. ‘‘(D) The quality of the academic program at the institution. ‘‘(E) The quality of the application submitted by the institution or consortium. ‘‘(2) DURATION AND AMOUNT.—

‘‘(A) DURATION.—The Secretary shall award a grant 

under this subpart for a period of 5 years, which may be 

renewed for an additional 5 years consistent with subsection (c). ‘‘(B) AMOUNT.—The Secretary shall award a grant to an 

academic department, program, or consortium at an eligible institution of higher education under this subpart for 

a fiscal year in an amount that is not less than $100,000, 

and not greater than $750,000. ‘‘(c) APPLICATION.—

‘‘(1) CONTENTS OF APPLICATIONS.—An institution that is eligible under subsection (d) that seeks 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 require. The application shall include—

‘‘(A) a description of the qualified masters degree program or programs that the institution intends to provide 

fellowship awards to, including the number of student 

awards to be made; 

‘‘(B) a budget describing the amount of the fellowship 

awards to students for 2 successive academic years, based 

on the academic progress of such students and the cost of 

attendance at the eligible institution, except that in no instance shall a graduate student receive a fellowship in excess of the award level provided for such students by the 

National Science Foundation; 

‘‘(C) a budget for stipends to students who are awarded 

fellowships under this subpart in order to encourage highly qualified students to pursue graduate study for the purposes described in this part; and 

‘‘(D) a description of activities to be undertaken with institutional, private foundation, or State matching funds 

that will be used to contribute to the increased production 

of minority masters degree candidates. 

‘‘(2) PREFERENCE TO CONTINUING GRANT RECIPIENTS.—


smartinez on PRODPC61 with REPORTS
39 

‘‘(A) IN GENERAL.—The Secretary shall make initial 

grant awards consistent with the criteria in subsection 

(b)(1), and shall renew such awards if the grantee demonstrates success in satisfying the criteria in subparagraphs (A) and (B) of such subsection by increasing the 

number of African Americans and other minorities earning 

masters degrees at the institution based on benchmarks 

established by the Secretary. ‘‘(B) RATABLE REDUCTION.—To the extent that appropriations are insufficient to comply with subparagraph (A) and 

subsection (b)(2)(B), available funds shall be distributed by 

ratably reducing the amounts required to be awarded 

under subsection (b)(2)(B). ‘‘(d) INSTITUTIONAL ELIGIBILITY.—

‘‘(1) QUALIFIED MASTERS DEGREE PROGRAMS.—

‘‘(A) IN GENERAL.—To be eligible to apply for a grant 

under this part, an applicant shall be an academic department, program, or unit at an institution of higher education that is within the meaning of the term ‘part B institution’ as defined in section 322(2), that offers a qualified 

masters degree program, and that is specifically enumerated in paragraph (2), or a consortium of such institutions. 

‘‘(B) QUALIFIED MASTERS DEGREE PROGRAM.—For purposes of this subpart, the term ‘qualified masters degree 

program’ means a program of study leading to a masters 

degree in the physical or natural sciences, mathematics, 

engineering, computer science, information technology, 

nursing, allied health, or related scientific or health field 

identified by the Secretary. ‘‘(C) LIMITATION.—No department, program, or unit shall 

be eligible to apply unless the qualified masters degree 

program has been in existence and awarded such degrees 

for at least four years. ‘‘(2) ENUMERATED INSTITUTIONS.—For purposes of paragraph 

(1)(A), the institutions enumerated in this paragraph are—

‘‘(A) Albany State University; 

‘‘(B) Alcorn State University; 

‘‘(C) Chicago State University; 

‘‘(D) Columbia Union College; 

‘‘(E) Coppin State University; 

‘‘(F) Elizabeth City State University; 

‘‘(G) Fayetteville State University; 

‘‘(H) Fisk University; 

‘‘(I) Fort Valley State University; 

‘‘(J) Grambling State University; 

‘‘(K) Kentucky State University; 

‘‘(L) Long Island University, Brooklyn campus; 

‘‘(M) Mississippi Valley State University; 

‘‘(N) Robert Morris College; 

‘‘(O) Savannah State University; 

‘‘(P) South Carolina State University; 

‘‘(Q) University of Arkansas, Pine Bluff; 

‘‘(R) Virginia State University; 

‘‘(S) West Virginia Sate University; 

‘‘(T) Winston-Salem State University; and 


smartinez on PRODPC61 with REPORTS
40 

‘‘(U) York College, The City University of New York. 

‘‘(3) LIMITATION.—No institution that is eligible for and receives an award under section 326 for a fiscal year shall be eligible to apply for, or receive funds under this subpart for the 

same fiscal year. 

‘‘(e) MATCHING FUNDS RULE.—Each eligible institution or consortium that receives an award under this subpart, may elect to use 

up to 25 percent of the total grant to carry out activities designed 

to strengthen its qualified masters degree program. An institution 

that elects to use funds for strengthening a qualified masters degree program shall provide an equal amount for such purpose from 

institutional, private foundation, or State sources. Matching funds 

must supplement, not supplant, existing resources available at the 

time of the Secretary’s award. 

‘‘(f) USES OF FUNDS.—Funds made available under this section 

shall be used in accordance with the application under subsection 

(c). 

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

to be appropriated $25,000,000 for fiscal year 2009 and such sums 

as may be necessary for each of the 4 succeeding fiscal years.’’. 

Page 510, strike lines 4 through 9 and insert ‘‘shall be $5,000.’’. 

Page 513, line 15, strike the close quotation marks and following 

period, and after line 15 insert the following new paragraph: 

‘‘(6) Establishment of centers to incorporate education in 

quality and safety into the preparation of medical and nursing 

students, through grants to medical schools, nursing schools, 

and osteopathic schools. Such grants shall be used to assist in 

providing courses of instruction that specifically equip students 

to understand the causes and remedies for medical error, medically-induced patient injuries and complications, and other defects in medical care; engage effectively in personal and systemic efforts to continually reduce medical harm; and improve 

patient care and outcomes, as recommended by the Institute of 

Medicine.’’. 

Page 521, line 13, strike ‘‘The Secretary’’ and insert ‘‘The Office 

of Postsecondary Education’’. 

Page 522, line 10, strike ‘‘disabilities,’’ and insert ‘‘disabilities 

and’’; and on line 11, strike ‘‘, and disability support service personnel’’. 

Page 523, line 19, strike ‘‘or’’ and insert ‘‘and’’. 

Page 524, line 3, strike ‘‘and maintaining’’ and insert ‘‘, maintaining, and updating’’. 

Page 524, line 5, after ‘‘education,’’ insert ‘‘or for expanding and 

updating an existing database of disabilities support services information with respect to institutions of higher education,’’. 

Page 524, line 9, after ‘‘shall include’’ insert ‘‘available’’. 

Page 524, beginning on line 21, strike paragraph (4) and insert 

the following: 

‘‘(4) PROFESSIONAL STANDARDS FOR DISABILITY SUPPORT PERSONNEL.—The Center shall work with organizations and individuals with proven expertise related to disability support 

services for postsecondary students with disabilities to consolidate, evaluate, improve upon, and disseminate information related to professional standards and best practices for disability 


smartinez on PRODPC61 with REPORTS
41 

support services personnel and offices in institutions of higher 

education. 

Page 525, line 4, strike ‘‘The Center’’ and insert ‘‘Not later than 

3 years after the establishment of the Center, and every 2 years 

thereafter, the Center’’. Page 525, strike line 5, and insert ‘‘prepare and disseminate a report to Congress and the Secretary analyzing’’. Page 525, line 9, strike ‘‘ths’’ and insert ‘‘this’’, on line 10, insert ‘‘annual’’ before ‘‘enrollment’’, and on line 12, insert before the 

semicolon the following: ‘‘from existing data’’. Page 526, beginning on line 1, strike ‘‘Such personnel’’ and all 

that follows through line 5. 

Page 542, line 13, strike ‘‘The’’ and insert ‘‘Not later than 3 years 

after the date of the first grant award under this section, the’’. Page 542, strike line 14 and insert ‘‘mit to Congress a report 

that’’. Page 544, beginning on line 13, strike section 768 and insert the 

following: 

‘‘SEC. 768. DEFINITIONS. 

‘‘In this Act: ‘‘(1) COMPREHENSIVE TRANSITION AND POSTSECONDARY PRO- GRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES.—The 

term ‘comprehensive transition and postsecondary program for 

students with intellectual disabilities’ means a degree, certificate, or nondegree program that is— ‘‘(A) offered by an institution of higher education; 

‘‘(B) designed to support students with an intellectual 

disability who are seeking to continue academic, vocational, and independent living instruction at an institution 

of higher education in order to prepare for gainful employment and independent living; ‘‘(C) includes an advising and curriculum structure; and 

‘‘(D) requires students to participate on at least a halftime basis, as determined by the institution, with such 

participation focusing on academic components such as 

reading, language arts, or math, and occurring through a 

combination of one or more of the following activities: ‘‘(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 apprenticeships. ‘‘(2) STUDENT WITH AN INTELLECTUAL DISABILITY.—The term 

‘student with an intellectual disability’ means a student who 

is—

‘‘(A) an individual whose mental retardation or other significant cognitive impairment substantially impacts the individual’s intellectual and cognitive functioning; and 

‘‘(B)(i) a student eligible for assistance under the Individuals with Disabilities Education Act who has completed 

secondary school; or 

‘‘(ii) an individual who was, but is no longer, eligible for 

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smartinez on PRODPC61 with REPORTS
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cation Act because the individual has exceeded the maximum age for which the State in which the student resides 

provides a free appropriate public education. 

Page 545, lines 7, 18, 20, and 22, strike ‘‘Secretary’’ and insert 

‘‘Office of Postsecondary Education’’. 

Page 545, beginning on line 24, strike paragraph (1) and insert 

the following: 

‘‘(1) are located in geographically diverse, underserved areas; 

or 

Page 548, beginning on line 21, strike ‘‘Not later’’ and all that follows through ‘‘Secretary’’ on line 23, and insert ‘‘Not later than 5 

years after the date of the first grant award under this section, the 

Office of Postsecondary Education’’. 

Page 549, line 7, strike ‘‘ACCREDITATION’’. 

Page 549, line 9, strike ‘‘Secretary’’ and insert ‘‘Office of Postsecondary Education’’. 

Page 549, line 13, after ‘‘and’’ insert ‘‘recommendations related to 

the’’. 

Page 549, lines 14 and 24, strike ‘‘model’’. 

Page 550, strike line 17 and all that follows through page 551, 

line 7; on page 551, beginning on line 8, redesignate subparagraph 

(B) and clauses (i) through (v) thereof as paragraph (5) and subparagraphs (A) through (E), respectively; and move such redesignate paragraph 2 em spaces to the left. 

Page 552, line 6, strike ‘‘and’’; on line 8, strike the period and insert ‘‘; and’’; and after line 8, insert the following (and redesignate 

the succeeding subsection accordingly): 

‘‘(10) convene a workgroup to develop recommendations on 

criteria, standards, and components of such programs as described in paragraph (5), to include the participation of—

‘‘(A) an expert in higher education; 

‘‘(B) an expert in special education; 

‘‘(C) a disability organization that represents students 

with intellectual disabilities; and 

‘‘(D) a national, State, or regional accrediting agency or 

association recognized by the Secretary under subpart 2 of 

part H of title IV. 

‘‘(c) REPORT.—No later than 5 years after the date of the establishment of the coordinating center under this section, such center 

shall report to the Secretary, the Congress, and the National Advisory Committee on Institutional Quality and Integrity on the recommendations of the workgroup described in subsection (b)(10). 

Page 553, line 16, strike ‘‘section 435(d)(5)(J)’’ and insert ‘‘section 

435(j)’’. 

Page 554, line 18, after ‘‘program students’’ insert ‘‘, in each of 

the institution’s nursing programs (associate, baccalaureate, or advanced nursing degree program),’’. 

Page 554, line 23, after ‘‘average number’’ insert ‘‘in each of the 

institution’s nursing programs’’. 

Page 557, beginning on line 18, strike ‘‘fund release time for 

qualified nurse employees, so that’’ and insert ‘‘ensure that’’. 

Page 559, line 6, after ‘‘higher education’’ insert the following: ‘‘, 

including institutions providing alternative methods of delivery of 

instruction in addition to on-site learning’’. 


smartinez on PRODPC61 with REPORTS
43 

Page 560, line 2, after ‘‘technologies’’ insert the following: ‘‘and 

to expand methods of delivery of instruction to include alternatives 

in addition to on-site learning’’. Page 560, line 22, after ‘‘program’’ insert the following: ‘‘if the 

program requires a clinical site’’. Page 560, line 24, insert ‘‘at least’’ before ‘‘a’’. Page 561, line 2, insert ‘‘at least’’ before ‘‘a’’. Page 561, line 4, strike ‘‘class schedule’’ and insert ‘‘program requirements, as necessary’’. Page 563, after line 3, insert the following new paragraph (and 

redesignate the succeeding paragraphs accordingly): ‘‘(3) the provision of accommodations for students with disabilities on college entrance and graduate admissions tests, including—

‘‘(A) the frequency of, and approval rate for, accommodations requests; ‘‘(B) documentation requirements for accommodations requests and criteria used to determine if an accommodation 

is appropriate; and ‘‘(C) challenges facing students in accessing reasonable 

accommodations on such tests;’’. Page 565, line 10, strike ‘‘COMPETITIVE’’; and on line 12, strike ‘‘on a competitive basis’’. Page 565, line 14, strike ‘‘year,’’ and insert ‘‘year (A)’’; and on line 

19, insert before the period the following: ‘‘; (B) are public institutions of higher education that have a net tuition that is in the lowest quartile of comparable institutions; or (C) are public institutions of higher education that have a tuition increase of less than 

$500 for a full-time undergraduate student’’. Page 565, line 18, on page 567, line 8, and on page 568, line 2 

and line 13, strike ‘‘higher’’ and insert ‘‘postsecondary’’. Page 566, beginning on line 18, strike paragraphs (2) and (3) 

through page 568, line 6, and insert the following: ‘‘(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—

‘‘(A) for a public institution of higher education, such institution’s tuition is in the lowest quartile of comparable 

institutions; or 

‘‘(B) for any institution of higher education, such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2008, and for each of the 

4 succeeding continuous academic years, the net tuition 

charged to an undergraduate student will not exceed—

‘‘(i) for a public institution of higher education, $500 

per year for a full-time undergraduate student; or 

‘‘(ii) for any other institution of higher education—

‘‘(I) the amount that the student was charged 

for an academic year at the time he or she first 

enrolled in the institution of higher education, 

plus 

‘‘(II) the product of the percentage increase in 

the higher education price index for the prior academic year, or the most recent prior academic 


smartinez on PRODPC61 with REPORTS
44 

year for which data is available, multiplied by the 

amount determined under subclause (I). ‘‘(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— ‘‘(A) for a public institution of higher education, such institution’s tuition is in the lowest quartile of comparable 

institutions; or ‘‘(B) for any institution of higher education, such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2008, and for each of the 

1.5 succeeding continuous academic years, the net tuition 

charged to an undergraduate student will not exceed— ‘‘(i) for a public institution of higher education, $500 

per year for a full-time undergraduate student; or ‘‘(ii) for any other institution of higher education— ‘‘(I) the amount that the student was charged 

for an academic year at the time he or she first 

enrolled in the institution of higher education, 

plus ‘‘(II) 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 subclause (I). 

Page 568, line 14, after ‘‘year,’’ insert ‘‘and, with respect to any 

public institution of higher education, has a tuition that is not in 

the lowest quartile of comparable institutions’’. Page 569, beginning on line 20, strike paragraph (2) and insert 

the following: ‘‘(2) POSTSECONDARY EDUCATION PRICE INDEX.—The term 

‘postsecondary education price index’ means the postsecondary 

education price index developed pursuant to section 133(i). 

Page 604, line 22, strike ‘‘contract with’’ and insert ‘‘award a 

grant to’’. Page 623, line 23, strike ‘‘and’’; page 624, line 5, strike the period 

and insert ‘‘; and’’; and after line 5, insert the following subparagraph: ‘‘(E) acquisition and installation of access control, video 

surveillance, intrusion detection, and perimeter security 

technologies and systems. 

Page 626, line 2, insert ‘‘natural or man-made’’ after ‘‘event of a’’. Page 632, line 22, strike ‘‘EDUCATION’’ and insert ‘‘EDUCATIONAL’’; 

and line 23, strike ‘‘education’’ and insert ‘‘educational’’. 

Page 633, line 1, strike ‘‘all of the schools of which meet’’ and insert ‘‘that is designated with’’. 

Page 633, line 13, strike ‘‘or less than part-time’’. 

Page 633, line 22, insert before the period ‘‘or the recognized 

equivalent of such a diploma’’. Page 638, after line 8, insert the following new subsection: 

‘‘(d) PREFERENCE IN SELECTION.—In determining which applications to approve for a grant under this section, the Secretary shall 

give priority to applications from partnerships that include one or 

more regional employers that are located in a rural area. 


smartinez on PRODPC61 with REPORTS
45 

Page 646, line 19, page 647, line 7 and line 18, page 648, line 

17, page 651, line 17 and line 21, page 652, line 11 and line 23, 

and page 653, line 22, strike ‘‘Commerce’’ and insert ‘‘Education’’. Page 658, line 19, after ‘‘Secretary’’ insert ‘‘, in consultation with 

the Administrator of the Environmental Protection Agency,’’. Page 664, line 4, after ‘‘Education’’ insert ‘‘, in consultation with 

the Administrator of the Environmental Protection Agency,’’. Page 667, line 18, strike ‘‘and’’ after the semicolon; line 20, strike 

the period and insert ‘‘; and’’; and after line 20, insert the following: ‘‘(F) the Office of Science and Technology Policy. 

Page 675, line 7, strike ‘‘an institution’’ and insert ‘‘one or more 

institutions’’. Page 675, after line 23, insert the following new paragraph: ‘‘(3) EXISTING PARTNERSHIPS.—Nothing in this subsection 

shall be construed to prohibit a partnership that is in existence 

on the date of enactment of this section from applying for a 

grant under this section. 

Page 689, line 22, strike ‘‘10 years’’ and insert ‘‘20 years’’. Page 695, line 10, strike ‘‘Such’’ and insert ‘‘The initial’’. Page 695, line 11, after ‘‘Education’’ insert ‘‘from a list of recommendations received from the House of Representatives and the 

Senate’’. 

Page 696, line 3, strike ‘‘may use Trust funds’’ and insert ‘‘shall 

use Trust funds to support research that is in the public interest 

but that is unlikely to be undertaken entirely with private funds’’. 

Page 696, line 4, strike ‘‘basic’’ and insert ‘‘precompetitive’’. 

Page 696, beginning on line 5, strike ‘‘demonstrations of innovative learning and assessment systems’’ and insert ‘‘demonstrations, 

and assessments of prototypes of innovative digital learning and information technologies’’. 

Page 696, line 8, before ‘‘testing’’ insert ‘‘pilot’’, and line 9, strike 

‘‘systems; and’’ and insert ‘‘prototype systems;’’. 

Page 696, line 11, strike ‘‘effective approaches to learning.’’ and 

insert ‘‘effective, innovative digital approaches to learning supported by this Act; and’’. Page 696, after line 11, insert the following: 

(D) to support innovative digital media education programs for parents, teachers, and children to help children 

in the United States learn digital safety and build technology literacy. 

Page 696, line 20, strike ‘‘(with or without private partners)’’ and 

insert ‘‘with or without for-profit partners, and to for-profit organizations’’, and 

Page 700, after line 13, insert the following new sections: 

SEC. 814. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS 

FORMULA. 

(a) STUDY.—The Comptroller General shall conduct a study to review the methodology that is used to determine the expected family 

contribution under part F of title IV of the Higher Education Act 

of 1965. 

(b) STUDY COMPONENTS.—The study conducted under subsection 

(a) shall identify and evaluate the need analysis formula under 

part F of title IV of the Higher Education Act of 1965 and examine 

the need for regional sensitivity in need analysis. The study shall 

include—


smartinez on PRODPC61 with REPORTS
46 

(1) the factors that are used to determine a student’s expected family contribution under part F of title IV of the Higher Education Act; 

(2) the varying allowances that are made in calculating the 

expected family contribution; 

(3) the effects of the income protection allowance on all aid 

recipients; and 

(4) options for modifying the income protection allowance to 

reflect the significant differences in the cost of living in various 

parts of the United States. 

(c) REPORT.—Not later than one year after the date of enactment 

of this Act, Comptroller General shall report to the authorizing 

committees (as such term is defined in section 103 of the Higher 

Education Act of 1965 (20 U.S.C. 1003)) on the results of the study 

conducted under this section. 

SEC. 815. DYSLEXIA STUDY. 

(a) INDEPENDENT EVALUATION.—The Secretary of Education shall 

enter into an agreement with the Center for Education of the National Academy of Sciences for a scientifically based study of the 

quality of teacher education programs, to determine if teachers are 

adequately prepared to meet the needs of students with reading 

and language processing challenges, including dyslexia. Such study 

shall—

(1) establish the prevalence of dyslexia and other processing 

difficulties in the general population by conducting a review of 

existing research and available relevant data; and 

(2) conduct a survey of institutions of higher education to 

provide data on the extent to which teacher education programs are based on the essential components of reading instruction and scientifically valid research. 

(b) COMPONENTS.—The study conducted under subsection (a) 

shall be designed to provide statistically reliable information on—

(1) the number, type of courses, and credit hours required to 

meet the requirements of the reading degree programs; and 

(2) the extent to which the content of the reading degree programs are based on—

(A) the essentials of reading instruction and scientifically valid research, including phonemic awareness, 

phonics, fluency, vocabulary, and comprehension; and 

(B) early intervention strategies based on scientific evidence concerning challenges to the development of language processing capacity, specifically dyslexia, and the extent to which such strategies are effective in preventing 

reading failure before it occurs. 

(c) 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. 

(d) INTERIM AND FINAL REPORTS.—The National Academy of 

Sciences shall submit to the Secretary of Education, the Committee 

on Health, Education, Labor and Pensions of the Senate, and the 

Committee on Education and Labor of the House of Representatives—


smartinez on PRODPC61 with REPORTS
47 

(1) an interim report regarding the study under subsection 

(a) not later than 9 months after the award of the contract to 

the Center for Education, as specified in this Act; and 

(2) a final report summarizing the findings, conclusions, and 

recommendations of such study not later than 18 months after 

the award of such contract. 

(e) TASK FORCE.—

(1) ESTABLISHMENT.—Upon completion of the final report 

under subsection (d)(2), the Secretary of Education shall assemble a task force to make policy recommendations regarding 

the findings of the report to the Secretary. 

(2) MEMBERSHIP.—The membership of the task force under 

this subsection shall include chief State school officers, State 

reading consultants, a panel of master teachers, national reading experts, and researchers with expertise in the relevant 

fields. 

(3) PUBLIC HEARINGS.—The task force under this subsection 

shall hold public hearings to provide an opportunity for public 

comment on the results of the findings of the task force. 

SEC. 816. STUDY AND REPORT ON BORROWER REPAYMENT PLANS. 

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

(1) on the impact of the standard 10-year student loan repayment term on the ability of undergraduate borrowers in lowincome areas, including Puerto Rico, to repay their loans made 

under title IV, part B, of the Higher Education Act of 1965; 

and 

(2) to examine the extent to which longer payment terms 

would assist borrowers in such low-income areas in reducing 

their monthly loan payments. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this title, the Secretary shall submit a report to Congress on the 

results of the study required by this section. 

SEC. 817. NURSING SCHOOL CAPACITY. 

(a) FINDINGS.—The Congress finds as follows: 

(1) Researchers in the field of public health have identified 

the need for a national study to identify constraints encountered by schools of nursing in graduating the number of nurses 

sufficient to meet the health care needs of the United States. 

(2) The shortage of qualified registered nurses has adversely 

affected the health care system of the United States. 

(3) Individual States have had varying degrees of success 

with programs designed to increase the recruitment and retention of nurses. 

(4) Schools of nursing have been unable to provide a sufficient number of qualified graduates to meet the workforce 

needs. 

(5) Many nurses are approaching the age of retirement, and 

the problem worsens each year. 

(6) In 2004, an estimated 125,000 applications from qualified 

applicants were rejected by schools of nursing, due to a shortage of faculty and a lack of capacity for additional students. 

(b) STUDY WITH RESPECT TO CONSTRAINTS WITH RESPECT TO

SCHOOLS OF NURSING.—


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48 

(1) IN GENERAL.—The Secretary shall request the Institute of 

Medicine of the National Academy of Sciences to enter into an 

agreement under which the Institute conducts a study for the 

purpose of— (A) identifying constraints encountered by schools of 

nursing in admitting and graduating the number of registered nurses necessary to ensure patient safety and meet 

the need for quality assurance in the provision of health 

care; and 

(B) developing recommendations to alleviate the constraints on a short-term and long-term basis. 

(2) CERTAIN COMPONENTS.—The Secretary shall ensure that 

the agreement under paragraph (1) provides that the study 

under such subsection will include information on the following: 

(A) The trends in applications for attendance at schools 

of nursing that are relevant to the purpose described in 

such subsection, including trends regarding applicants who 

are accepted for enrollment and applicants who are not accepted, particularly qualified applicants who are not accepted. 

(B) The number and demographic characteristics of 

entry-level and graduate students currently enrolled in 

schools of nursing, the retention rates at the schools, and 

the number of recent graduates from the schools, as compared to previous years and to the projected need for registered nurses based on two-year, five-year, and ten-year 

projections. 

(C) The number and demographic characteristics of 

nurses who pursue graduate education in nursing and nonnursing programs but do not pursue faculty positions in 

schools of nursing, the reasons therefor, including any regulatory barriers to choosing to pursue such positions, and 

the effect of such decisions on the ability of the schools to 

obtain adequate numbers of faculty members. 

(D) The extent to which entry-level graduates of the 

schools are satisfied with their educational preparation, including their participation in nurse externships, internships, and residency programs, and to which they are able 

to effectively transition into the nursing workforce. 

(E) The satisfaction of nurse managers and administrators with respect to the preparation and performance levels of entry-level graduates from the schools after one year, 

three years, and five years of practice, respectively. 

(F) The extent to which the current salary, benefit structures, and characteristics of the workplace, including the 

number of nurses who are presently serving in faculty positions, influence the career path of nurses who have pursued graduate education. 

(G) The extent to which the use of innovative technologies for didactic and clinical nursing education might 

provide for an increase in the ability of schools of nursing 

to train qualified nurses. 

(3) RECOMMENDATIONS.—Recommendations under paragraph 

(2)(B) may include recommendations for legislative or adminisVerDate Aug 31 2005 06:37 Feb 07, 2008 Jkt 069008 PO 00000 Frm 00048 Fmt 6659 Sfmt 6602 E:\HR\OC\HR523.XXX HR523

smartinez on PRODPC61 with REPORTS
49 

trative changes at the Federal or State level, and measures 

that can be taken in the private sector—

(A) to facilitate the recruitment of students into the 

nursing profession; 

(B) to facilitate the retention of nurses in the workplace; 

and 

(C) to improve the resources and ability of the education 

and health care systems to prepare a sufficient number of 

qualified registered nurses. 

(4) METHODOLOGY OF STUDY.—

(A) SCOPE.—The Secretary shall ensure that the agreement under paragraph (1) provides that the study under 

such subsection will consider the perspectives of nurses 

and physicians in each of the various types of inpatient, 

outpatient, and residential facilities in the health care delivery system; faculty and administrators of schools of 

nursing; providers of health plans or health insurance; and 

consumers. 

(B) CONSULTATION WITH RELEVANT ORGANIZATION.—The 

Secretary shall ensure that the agreement under paragraph (1) provides that relevant agencies and organizations with expertise on the nursing shortage will be consulted with respect to the study under such subsection, including but not limited to the following: 

(i) The Agency for Healthcare Research and Quality. 

(ii) The American Academy of Nursing. 

(iii) The American Association of Colleges of Nursing. 

(iv) The American Nurses Association. 

(v) The American Organization of Nurse Executives. 

(vi) The National Institute of Nursing Research. 

(vii) The National League for Nursing. 

(viii) The National Organization for Associate Degree Nursing. 

(ix) The National Student Nurses Association. 

(5) REPORT.—The Secretary shall ensure that the agreement 

under paragraph (1) provides that not later than 18 months 

after the date of the enactment of this section, a report providing the findings and recommendations made in the study 

under such subsection will be submitted to the Secretary, the 

Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, 

and Pensions of the Senate. 

(6) OTHER ORGANIZATION.—If the Institute declines to conduct the study under paragraph (1), the Secretary may enter 

into an agreement with another appropriate private entity to 

conduct the study. 

(c) DEFINITIONS.—For purposes of this section: 

(1) The term ‘‘Institute’’ means the Institute of Medicine of 

the National Academy of Sciences. 

(2)(A) The term ‘‘school of nursing’’ means a collegiate, associate degree, or diploma school of nursing in a State. 

(B) The terms ‘‘collegiate school of nursing’’, ‘‘associate degree school of nursing’’, and ‘‘diploma school of nursing’’ have 


smartinez on PRODPC61 with REPORTS
50 

the meanings given to such terms in section 801 of the Public 

Health Service Act. 

(3) The term ‘‘Secretary’’ means the Secretary of Education. 

SEC. 818. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC 

SERVICE. 

(a) STUDY.—The Secretary of Education, in consultation with the 

Office of Management and Budget, is authorized to coordinate with 

an organization with expertise in the field of public service, such 

as the National Academy of Public Administrators or the American 

Society for Public Administration, to coordinate with interested 

parties to conduct a study of how student loan debt levels impact 

the decisions of graduates of postsecondary and graduate education 

programs to enter into public service careers. Such study shall include—

(1) an assessment of the challenges to recruiting and retaining well-qualified public servants, including the impact of student loan debt; 

(2) an evaluation of existing Federal programs to recruit and 

retain well-qualified public servants; 

(3) an evaluation of whether additional Federal programs 

could increase the number of graduates of postsecondary and 

graduate education programs who enter careers in public service; and 

(4) recommendations related to any potential pilot programs, 

including an academy for public service, that could be used to 

encourage new graduates of postsecondary and graduate education programs to enter public service careers. 

(b) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Education, in consultation with 

the Office of Management and Budget, shall submit to Congress a 

report related to the findings of the study conducted under subsection (a). 

Page 701, line 20, strike ‘‘(I)’’; on page 702, line 2, strike ‘‘or’’ and 

insert ‘‘and’’; and strike lines 3 and 4. 

Page 702, strike lines 13 through 19 and insert the following: ‘‘by 

the State that has adopted and implemented the standards and assessments selected under subparagraph (A)(i); and’’. 

Page 703, beginning on line 19, strike subparagraph (A) through 

page 704, line 3, and insert the following: 

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

Page 704, beginning on line 9, strike ‘‘Rochester Institute of 

Technology’’ and insert ‘‘institution of higher education’’. 

Page 706, strike lines 14 through 17 and insert the following: 

(4) in paragraph (3)(B), by striking ‘‘of the institution of 

higher education’’ and all that follows through ‘‘section 203’’

and inserting ‘‘of NTID programs and activities’’. 

Page 708, line 16, strike ‘‘NTID or the University and’’ and insert 

‘‘the University or the NTID,’’; and on line 17, after ‘‘United States’’

insert ‘‘, and are not enrolled in a degree program at the University 

or the NTID’’. 

Page 709, line 16, before the period insert the following: ‘‘, or a 

country that was a developing country for any academic year during the student’s period of uninterrupted enrollment in a degree 

program at the University or NTID, except that such a surcharge 

shall not be adjusted retroactively’’. 


smartinez on PRODPC61 with REPORTS
51 

Page 710, line 20, strike ‘‘$4,825’’ and insert ‘‘$5,345’’. Page 710, lines 20 and 22, strike ‘‘1999’’ and insert ‘‘2005’’. Page 730, line 16, strike ‘‘or Federal’’. Page 730, beginning on line 23, strike ‘‘, and to the Federal Bureau of Prisons,’’. Page 731, line 14, and page 734, beginning on lines 4 and 18, 

strike ‘‘and the Federal Bureau of Prisons’’. Page 731, beginning on line 19, and page 732, line 14, strike ‘‘or 

the Federal Bureau of Prisons’’. Page 733, lines 13 and 16, strike ‘‘and Federal’’. Page 733, beginning on line 22, strike ‘‘and Federal Bureau of 

Prisons entity’’. Page 735, line 4, strike ‘‘, the Federal Bureau of Prisons,’’. Page 735, beginning on line 17, strike subsections (g) and (h) 

through page 736, line 13, and insert the following (and redesignate the succeeding subsection accordingly): ‘‘(g) ALLOCATION OF FUNDS.—From the funds appropriated pursuant to subsection (h) 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. 

Page 748, line 25, after ‘‘including’’ insert ‘‘off-campus housing 

safety,’’. Page 749, line 16, after ‘‘information’’ insert ‘‘(including ways to 

increase off-campus housing safety)’’. Page 751, after line 4, insert the following new subsection: 

(e) SENSE OF THE HOUSE OF REPRESENTATIVES.—It is the sense 

of the House of Representatives that in order to increase awareness 

of the importance of student safety in off-campus housing that is 

located in the areas surrounding colleges and universities, the following should be encouraged: 

(1) The creation of chapters at colleges and universities that 

aim to raise awareness of the issue of off-campus student safety. 

(2) Public awareness on the benefits of security measures 

that may increase the safety of students living in off-campus 

housing. 

(3) Collaborative partnerships between Federal agencies, 

local law enforcement agencies, non-profit organizations, colleges and universities, and communities to disseminate information and best practices related to off-campus housing safety 

for students. 

Page 751, beginning on line 5, strike section 953 and insert the 

following: 

SEC. 953. PRIVATE LOAN FORGIVENESS. 

Notwithstanding any other provision of law—

(1) a public or private institution of higher education may 

provide an officer or employee of any branch of the United 

States Government, of any independent agency of the United 

States, or of the District of Columbia who is a current or 

former student of such institution, financial assistance for the 

purpose of repaying a student loan or providing forbearance of 

student loan repayment: Provided, that such repaying or providing forbearance is provided to any such officer or employee 

in accordance with a written, published policy of the institution 


smartinez on PRODPC61 with REPORTS
52 

relating to repaying or providing forbearance, respectively, for 

students or former students who perform public service; and 

(2) an officer or employee of any branch of the United States 

Government, of any independent agency of the United States, 

or of the District of Columbia may receive repayment or forbearance permitted under paragraph (1). 

Page 765, line 23, page 770, line 9, and page 784, line 17, strike 

‘‘part B of’’. 

Page 766, line 12, and page 770, line 23, after ‘‘credit plan,’’ insert ‘‘a reverse mortgage transaction,’’. 

Page 768, beginning on line 7, strike clause (i) and insert the following: 

‘‘(i) standard material, activities, or programs on 

issues related to a loan, default aversion, default prevention, or financial literacy, such as a brochure, a 

workshop, or training; 

Page 768, line 19, strike ‘‘or’’; on page 769, line 2, strike ‘‘and’’; 

and after line 2 insert the following new clauses: 

‘‘(iv) the provision of financial literacy counseling or 

services to students or parents, including counseling 

or services provided in coordination with a covered 

educational institution, to the extent that such counseling or services—

‘‘(I) are not undertaken to secure applications 

for private educational loans or to secure private 

educational loan volume; 

‘‘(II) are not undertaken to secure applications 

or loan volume for any loan made, insured, or 

guaranteed under part B of title IV of the Higher 

Education Act of 1965; and 

‘‘(III) do not promote the products or services of 

any private educational lender; 

‘‘(v) philanthropic contributions to a covered institution from a private educational lender that are unrelated to educational loans, to the extent that such contributions are disclosed pursuant to paragraphs (1) 

and (2) of section 153(a) of the Higher Education Act 

of 1965, if applicable; or 

‘‘(vi) State education grants, scholarships, or financial aid funds administered by or on behalf of a State; 

and 

Page 770, line 24, strike ‘‘mortgage transaction,’’ and insert 

‘‘mortgage transaction (as those terms are defined in section 103 of 

the Truth in Lending Act),’’. 

Page 774, strike lines 13 and 14 and insert the following: 

(ii) by inserting ‘‘128(e)(8), or’’ after ‘‘125,’’; and 

Page 778, line 20, after the period insert the following: ‘‘The form 

of such written acknowledgment shall be subject to the regulations 

of the Board.’’. 

Page 781, beginning on line 19, strike paragraph (4) and insert 

the following: 

‘‘(4) INSTITUTIONAL CERTIFICATION REQUIRED.—Before a creditor may issue any funds with respect to an extension of credit 

described in paragraph (1), the creditor shall obtain from the 


smartinez on PRODPC61 with REPORTS
53 

relevant institution of higher education such institution’s certification of—

‘‘(A) the enrollment status of the borrower; 

‘‘(B) the borrower’s cost of attendance at the institution 

as determined by the institution under part F of title IV 

of the Higher Education Act of 1965; and 

‘‘(C) the difference between the borrower’s cost of attendance and the borrower’s estimated financial assistance received under title IV of the Higher Education Act of 1965 

and other assistance known to the institution. 

Page 784, before line 1, insert the following new paragraph (and 

redesignate the succeeding paragraph accordingly): 

‘‘(9) PROVISION OF INFORMATION.—On or before the date a 

creditor issues any funds with respect to an extension of credit 

described in paragraph (1), the creditor shall notify the relevant institution of higher education, in writing, of the amount 

of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be 

subject to the regulations of the Board. 

Page 785, line 10, strike ‘‘mortgage transaction,’’ and insert 

‘‘mortgage transaction (as those terms are defined in section 103 

this Act),’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKEON

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VIII, add the following new section: 

SEC. 814. FEDERAL REGULATION OF HIGHER EDUCATION REPORT. 

(a) ANALYSIS OF FEDERAL REGULATIONS ON INSTITUTIONS OF

HIGHER EDUCATION.—The Secretary of Education shall contract 

with the National Research Council of the National Academies to 

conduct a study to ascertain the amount and scope of all Federal 

regulations and reporting requirements with which institutions of 

higher education must comply. The study shall include information 

describing—

(1) by agency, the number of Federal regulations and reporting requirements affecting institutions of higher education; 

(2) by agency, the estimated time required and costs to institutions of higher education (disaggregated by types of institutions) to comply with the regulations and reporting requirements as required in (a)(1); and 

(3) by agency, recommendations for consolidating, streamlining, and eliminating redundant and burdensome Federal 

regulations and reporting requirements affecting institutions of 

higher education. 

(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 18 months after the date of 

enactment of this Act. 


smartinez on PRODPC61 with REPORTS
54 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KILDEE OF

MICHIGAN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 206, line 18, strike ‘‘ALLOTMENT OF REMAINING FUNDS’’ and 

insert ‘‘ALLOCATION OF FUNDS’’. 

Page 206, line 20, strike ‘‘subsection’’ and insert ‘‘subsections’’, 

and after line 20 insert the following new subsection (and redesignate the succeeding subsection accordingly): 

‘‘(e) CONSTRUCTION GRANTS.—

‘‘(1) IN GENERAL.—Of the amount appropriated to carry out 

this section for any fiscal year, beginning with fiscal year 2009, 

the Secretary may reserve 30 percent of such amount for the 

purpose of awarding 1-year grants of not less than $1,000,000 

to address construction, maintenance, and renovation needs at 

eligible institutions. 

‘‘(2) PREFERENCE.—In providing grants under paragraph (1) 

for any fiscal year, the Secretary shall give preference to eligible institutions that have not received an award under this 

section for a previous fiscal year. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETRI OF

WISCONSIN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 451, line 24, strike ‘‘and’’; on page 452, line 5, strike the 

period and insert ‘‘; and’’; and after such line insert the following 

new paragraph: 

‘‘(8) the feasibility of a specific alternative market-based 

mechanism that will—

‘‘(A) determine lender returns; 

‘‘(B) result in reduced Federal costs on a program-wide 

basis, on loans made, insured, or guaranteed under part B 

of this title, excluding from consideration the Federal 

PLUS loans described in section 428B that are the subject 

of the competitive loan auction pilot program under this 

section; 

‘‘(C) include not more than—

‘‘(i) 10 percent of the annual loan volume under this 

part B of this title during the first year of the alternative pilot program; and 

‘‘(ii) 20 percent of the annual loan volume under this 

part B of this title during the subsequent years of the 

alternative pilot program; 

‘‘(D) permit participation in any alternative auctionbased pilot program on a voluntary basis for eligible institutions and eligible lenders participating under part B of 

this title prior to July 1, 2007; and 

‘‘(E) provide for all savings to the United States Treasury generated by such alternative pilot program to be distributed to institutions participating under this section on 

a basis proportionate to loan volume under such part for 

supplemental, need-based financial aid, except than an institution that is operating as an eligible lender under section 435(d)(2) shall not be eligible for any such distribution. 


smartinez on PRODPC61 with REPORTS
55 

Page 452, line 14, strike the close quotation marks and following 

period, and after line 14 insert the following new subsection: ‘‘(e) INDEPENDENT EVALUATION.—The Government Accountability 

Office shall conduct an independent evaluation of any auction or 

auctions conducted under this section no later than September 1, 

2013.’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETRI OF

WISCONSIN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 359, beginning on line 13, strike subparagraphs (C), (D), 

and (E) and insert the following (and redesignate the succeeding 

paragraphs accordingly): ‘‘(C) with respect to each of the guaranty agencies operating under a guaranty agreement under section 428(c)— ‘‘(i) un-reconciled balances in held loans by year of 

origination; ‘‘(ii) status and number of defaulted loans by length 

of default in 30-day increments; and ‘‘(iii) status and number of delinquent loans by 

length of delinquency in 30-day increments; 

Page 359, line 23, insert before the period the following: ‘‘carrying out activities under this part’’. Page 359, beginning on line 24, strike subsection (c) through 

page 360, line 12. 

Page 360, after line 12, insert the following new subsection: 

(d) AUDIT OF FEDERAL FAMILY EDUCATION LOAN PROGRAM PORT- FOLIO AND GUARANTY AGENCIES.—The Secretary of Education shall 

have a financial and compliance audit of all guaranty agencies participating in the loan programs under part B of title IV of the Higher Education Act of 1965 (including each guaranty agencies’ contract for the servicing, collecting, 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 the standards established by the Comptroller 

General. The standards shall measure the guaranty agency’s compliance with the due diligence standards and shall include a defined statistical sampling technique designed to measure the performance rating of the guaranty agency for the purpose of this subsection. 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. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTLE OF

DELAWARE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 133(d) of the Higher Education Act of 1965, as amended by section 109 of the bill: 

(1) insert ‘‘(1)’’ after ‘‘TASK FORCES.—’’; 

(2) redesignate paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (E); 

(3) strike ‘‘and’’ at the end of subparagraph (C) as so redesignated; 

(4) insert after such subparagraph (C) the following new subparagraph: 


smartinez on PRODPC61 with REPORTS
56 

‘‘(D) develop annual benchmarks for the institution to reduce costs in areas identified under subparagraph (C); 

and’’. (5) add at the end the following new paragraph: ‘‘(2) An institution of higher education that does not meet the 

benchmarks established under paragraph (1)(D) shall provide to 

the Secretary a detailed explanation of the reasons why the institution did not meet such benchmarks.’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIS OF

ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following (and make such technical 

and conforming changes as may be appropriate): 

TITLE XI—RELATED AMENDMENTS 

SEC. 1101 TREATMENT IN BANKRUPTCY. 

Section 523(a)(8) of title 11, the United States Code, is amended—

(1) in subparagraph (A)(i) by striking ‘‘or made’’ and all that 

follows through ‘‘institution’’, and inserting ‘‘or made under any 

program funded in whole or in part by a governmental unit, or 

made under any program in which a substantial portion of the 

funds for making such overpayment or loan is provided by a 

nonprofit institution or an institution of higher education as 

defined in section 102 of the Higher Education Act and in 

which no part is funded by a governmental unit’’; and 

(2) in subparagraph (B) by inserting before the semicolon at 

the end the following: 

‘‘unless the period beginning on the date when such loan 

first became due and ending on the date of the filing of the 

petition, excluding any time during such period when the 

repayment obligation was deferred while the borrower was 

attending an eligible educational institution as defined in 

section 221(d)(2) of the Internal Revenue Code of 1986, is 

longer than 5 years’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIS OF

CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

After section 453 of the bill, insert the following new section (and 

redesignate the succeeding section accordingly): 

SEC. 454. NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE 

MEMBERS. 

(a) AMENDMENT.—Section 455 (20 U.S.C. 1087e) is further 

amended by adding at the end the following: 

‘‘(o) NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEMBERS.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

this part, and except as provided in paragraph (3), interest 

shall not accrue for an eligible borrower on a loan made under 

this part that is disbursed on or after October 1, 2008. 

‘‘(2) CONSOLIDATION LOANS.—In the case of any consolidation 

loan made under this part that is disbursed on or after October 


smartinez on PRODPC61 with REPORTS
57 

1, 2008, interest shall not accrue pursuant to this subsection 

only on such portion of such loan as was used to repay a loan 

made under this part that was disbursed on or after October 

1, 2008. 

‘‘(3) ELIGIBLE BORROWER.—In this subsection, the term ‘eligible borrower’ means an individual who—

‘‘(A)(i) is serving on active duty during a war or other 

military operation or national emergency; or 

‘‘(ii) is performing qualifying National Guard duty during a war or other military operation or national emergency; and 

‘‘(B) is serving in an area of hostilities in which service 

qualifies for special pay under section 310 of title 37, 

United States Code. 

‘‘(4) LIMITATION.—An individual who qualifies as an eligible 

borrower under this subsection may receive the benefit of this 

subsection for not more than 60 months.’’. 

(b) CONSOLIDATION LOANS.—Section 428C(b)(5) (20 U.S.C. 1078–

3(b)(5)) is amended by inserting after the first sentence the following: ‘‘In addition, in the event that a borrower chooses to obtain 

a consolidation loan for the purposes of using the no accrual of interest for active duty service members program offered under section 455(o), the Secretary shall offer a Federal Direct Consolidation 

loan to any such borrower who applies for participation in such 

program.’’. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESTAK OF

PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 335, after line 14, insert the following new paragraph: 

‘‘(14) PHYSICAL THERAPISTS.—Individuals who are physical 

therapists and who are providing physical therapy services to 

children, adolescents, or veterans. 

Page 338, after line 21, insert the following new paragraph (and 

redesignate the succeeding paragraphs accordingly): 

‘‘(5) PHYSICAL THERAPIST.—The term ‘physical therapist’

means an individual who—

‘‘(A) has received, at a minimum, a graduate degree in 

physical therapy from an institution of higher education 

accredited by an agency or association recognized by the 

Secretary pursuant to section 496(a) of this Act; and 

‘‘(B) provides physical therapy services under 1861(p) of 

the Social Security Act (42 U.S.C. 1395x(p), or meets or exceeds the qualifications for a qualified physical therapist 

as determined by State law. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESTAK

OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 418, strike lines 19 through 21 and insert the following: 

‘‘(C) management systems regarding course equivalency, 

transfer of credit, and articulation; and 


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58 

Page 419, beginning on line 22, strike ‘‘and’’ and insert a comma; 

and on line 23, before the semicolon insert ‘‘, and management systems’’. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YARMUTH

OF KENTUCKY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 200, line 15, strike the close quotation mark and the following period, and after such line insert the following: 

‘‘Subpart 6—Preparing General Education Teachers to More Effectively Educate Students With 

Disabilities 

‘‘SEC. 291. TEACH TO REACH GRANTS. 

‘‘(a) AUTHORIZATION OF PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award 

grants, on a competitive basis, to eligible partnerships to improve the preparation of general education teacher candidates 

to ensure that such teacher candidates possess the knowledge 

and skills necessary to effectively instruct students with disabilities in their classrooms. 

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

be awarded for a period of five years. 

‘‘(3) NON-FEDERAL SHARE.—An eligible partnership that receives a grant under this section shall provide not less than 25 

percent of the cost of the activities carried out with such grant 

from non-Federal sources, which may be provided in cash or in 

kind. 

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

term ‘eligible partnership’ is a partnership that—

‘‘(1) shall include—

‘‘(A) one or more departments or programs at an institution of higher education—

‘‘(i) that prepare elementary or secondary general 

education teachers; 

‘‘(ii) that have a program of study that leads to an 

undergraduate degree, a master’s degree, or completion of a post-baccalaureate program required for 

teacher certification; and 

‘‘(iii) the graduates of which are highly qualified, as 

defined in section 9101 of the Elementary and Secondary Education Act of 1965; 

‘‘(B) a department or program of special education at an 

institution of higher education; and 

‘‘(C) a high-need local educational agency; and 

‘‘(2) may include a department or program of mathematics, 

earth or physical science, foreign language, or other departments at the institution that have a role in preparing teachers. 

‘‘(c) REQUIRED ACTIVITIES.—An eligible partnership that receives 

a grant under this section shall use the grant funds to—

‘‘(1) develop or strengthen an undergraduate, post-baccalaureate, or master’s teacher preparation program by inteVerDate Aug 31 2005 06:37 Feb 07, 2008 Jkt 069008 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR523.XXX HR523

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grating special education strategies into the general education 

curriculum and academic content; 

‘‘(2) provide teacher candidates participating in the program 

under paragraph (1) with skills related to—

‘‘(A) response to intervention, positive behavioral supports, differentiated instruction, and data driven instruction; 

‘‘(B) developing and administering alternate assessments 

of students with disabilities; 

‘‘(C) determining and utilizing accommodations for instruction and assessments; 

‘‘(D) collaborating with special educators, related services providers, and parents, including participation in Individualized Education Program development and implementation; and 

‘‘(E) utilizing technology and assistive technology for students with disabilities; and 

‘‘(3) provide extensive clinical experience for such participants, with mentoring and induction support throughout the 

program that continues during the first year of full-time teaching. 

‘‘(d) APPLICATION.—An eligible partnership seeking a grant under 

this section shall submit an application to the Secretary at such 

time, in such manner, and containing such information as the Secretary may require. Such application shall include—

‘‘(1) A self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher 

education and needs related to preparing general education 

teacher candidates to instruct students with disabilities. 

‘‘(2) An assessment of the existing personnel needs for general education teachers who instruct students with disabilities, 

performed by the local educational agency in which most graduates of the teacher preparation program are likely to teach 

after completion of the program under subsection (c)(1). 

‘‘(e) PEER REVIEW.—The Secretary shall convene a peer review 

committee to review applications for grants under this section and 

to make recommendations to the Secretary regarding the selection 

of grantees. Members of the peer review committee shall be recognized experts in the fields of special education, teacher preparation, 

and general education, and shall not be in a position to benefit financially from any grants awarded under this section. 

‘‘(f) EVALUATIONS.—

‘‘(1) BY THE PARTNERSHIP.—An eligible partnership receiving 

a grant under this section shall conduct an evaluation at the 

end of the grant period to determine the effectiveness of the 

general education teachers who completed a program under 

subsection (c)(1) at instruction of students with disabilities in 

general education classrooms, and the systemic impact of the 

activities carried out by such grant on how each institution of 

higher education that is a member of the partnership prepares 

teachers for instruction in elementary and secondary schools. 

Each eligible partnership performing an evaluation under this 

paragraph shall report the findings of such evaluation to the 

Secretary. 


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60 

‘‘(2) REPORT BY THE SECRETARY.—Not later than 180 days 

after the last day of the grant period under this section, the 

Secretary shall make available to Congress and the public the 

findings of the evaluations submitted under paragraph (1), and 

information on best practices related to effective instruction of 

students with disabilities in general education classrooms.’’. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF FLORIDA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 679, line 13, strike the close quotation marks and following 

period and after such line insert the following new part: 

‘‘PART R—PATH TO SUCCESS PROGRAM 

‘‘SEC. 887. PATH TO SUCCESS. 

‘‘(a) PURPOSE.—The purpose of this part is to encourage community supported programs that—

‘‘(1) leverage and enhance community support for at-risk 

young adults by facilitating the transition of such young adults 

who are eligible individuals into productive learning environments where such young adults can obtain the life, social, academic, and vocational skills and credentials necessary to 

strengthen the Nation’s workforce; 

‘‘(2) provide counseling, as appropriate, for eligible individuals participating in the programs to allow such individuals to 

build a relationship with one or more guidance counselors during the period that the individuals are enrolled in the programs, including providing referrals and connections to community resources that help eligible individuals transition back 

into the community with the necessary life, social, academic, 

and vocational skills after being in detention, or incarcerated, 

particularly resources related to health, housing, job training, 

and work-place readiness; 

‘‘(3) provide training and education for eligible individuals 

participating in the programs, to allow such individuals to assist community officials and law enforcement agencies with the 

deterrence and prevention of gang and youth violence by participating in seminars, training, and workshops throughout the 

community; and 

‘‘(4) provide each eligible youth participating in the programs 

with individual attention based on a curriculum that matches 

the interests and abilities of the individual to the resources of 

the program. 

‘‘(b) REENTRY EDUCATION PROGRAM.—

‘‘(1) GRANT PROGRAM ESTABLISHED.—The Secretary is authorized to award grants to community colleges to enter into and 

maintain partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, 

services, and education to eligible individuals who reenter the 

community and pursue, in accordance with the requirements of 

this part, at least one of the following: 

‘‘(A) A certificate of graduation from a school providing 

secondary education, a general equivalency diploma 


smartinez on PRODPC61 with REPORTS
61 

(GED), or another recognized equivalent of such a certificate or diploma. ‘‘(B) A certificate of completion for a specialized area of 

study, such as vocational training and other alternative 

post-secondary educational programs. ‘‘(C) An associate’s degree. ‘‘(2) GRANT PERIOD.—A grant awarded under this part shall 

be for one 2-year period, and may be renewed for an additional 

period as the Secretary determines to be appropriate. ‘‘(3) APPLICATION.—A community college desiring to receive a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require, which shall include— ‘‘(A) an assessment of the existing community resources 

available to serve at-risk youth; ‘‘(B) a detailed description of the program and activities 

the community college will carry out with such grant; and ‘‘(C) a proposed budget describing how the community 

college will use the funds made available by such grant. ‘‘(4) PRIORITY.—In awarding grants under this part, the Secretary of Education shall give priority to community colleges 

that accept the highest number of eligible individuals from 

high-risk areas, and among such community colleges, shall give 

priority to community colleges that the Secretary determines 

will best carry out the purposes of this part, based on the applications submitted in accordance with paragraph (3). 

‘‘(c) ALLOWABLE USES OF FUNDS.—A community college awarded 

a grant under this part may use such grant to— ‘‘(1) pay for tuition and transportation costs of eligible individuals; ‘‘(2) establish and carry out an education program that includes classes for eligible individuals that— ‘‘(A) provide marketable life and social skills to such individuals; 

‘‘(B) meet the education program requirements under 

subsection (d); 

‘‘(C) promote the civic engagement of such individuals; 

and 

‘‘(D) facilitate a smooth reentry of such individuals into 

the community; 

‘‘(3) create and carry out a mentoring program—

‘‘(A) that is specifically designed to help eligible individuals with the potential challenges of the transitional period from detention to release; 

‘‘(B) is created in consultation with guidance counselors, 

academic advisors, law enforcement officials, and other 

community resources; and 

‘‘(C) that is administered by a program coordinator, selected and employed by the community college, who shall 

oversee each individual’s development and shall serve as 

the immediate supervisor and reporting officer to whom 

the academic advisors, guidance counselors, and volunteers 

shall report regarding the progress of each such individual; 

‘‘(4) facilitate employment opportunities for eligible individuals by entering into partnerships with public and private entiVerDate Aug 31 2005 06:37 Feb 07, 2008 Jkt 069008 PO 00000 Frm 00061 Fmt 6659 Sfmt 6602 E:\HR\OC\HR523.XXX HR523

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ties to provide opportunities for internships, apprenticeships, 

and permanent employment, as possible, for such individuals; 

and ‘‘(5) provide training for eligible individuals participating in 

the programs, to allow such individuals to assist community officials and law enforcement agencies with the deterrence and 

prevention of gang and youth violence by participating in seminars and workshop series throughout the community. ‘‘(d) EDUCATION PROGRAM REQUIREMENTS.—An education program established and carried out under subsection (c) shall— ‘‘(1) include classes that are required for completion of a certificate, diploma, or degree described in subparagraphs (A) 

through (C) of subsection (b)(1); ‘‘(2) provide a variety of academic programs, with various 

completion requirements, to accommodate the distinctive academic backgrounds, learning curves, and concentration interests of the eligible individuals who participate in the program; ‘‘(3) offer flexible academic programs that are designed to improve the academic development and achievement of eligible 

individuals, and to avoid high attrition rates for such individuals; and ‘‘(4) provide for a uniquely designed education plan for each 

eligible individual participating in the program, which shall require such individual to receive, at a minimum, a certificate or 

diploma described in subparagraph (A) of subsection (b)(1) to 

successfully complete such program. ‘‘(e) REPORTS.—Each community college awarded a grant under 

this part shall submit to the Secretary of Education a report— ‘‘(1) documenting the results of the program carried out with 

such grant; and ‘‘(2) evaluating the effectiveness of activities carried out 

through such program. ‘‘(f) DEFINITIONS.—In this part: ‘‘(1) COMMUNITY COLLEGE.—The term ‘community college’

means a public or nonprofit institution of higher education (as 

such term is defined in section 101 or 102(a)(2)(B)), that—

‘‘(A) provides an educational program of not less than 

two years; and 

‘‘(B) that is accredited by a regional accrediting agency 

or association. 

‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’

means an individual who—

‘‘(A) is 16 to 25 years of age; 

‘‘(B) has been convicted of a gang-related offense, and 

has served a period of detention in a juvenile detention 

center for such offense; and 

‘‘(C) is detained in, or has been released from, such center. 

‘‘(3) GANG-RELATED OFFENSE.—The term ‘gang-related offense’ means conduct constituting any Federal or State crime, 

punishable by imprisonment in any of the following categories: ‘‘(A) A crime of violence. 

‘‘(B) A crime involving obstruction of justice, tampering 

with or retaliating against a witness, victim, or informant, 

or burglary. 


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63 

‘‘(C) A crime involving the manufacturing, importing, 

distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemical 

(as those terms are defined in section 102 of the Controlled 

Substances Act (21 U.S.C. 802)). 

‘‘(4) GUIDANCE COUNSELOR.—The term ‘guidance counselor’

means an individual who works with at-risk youth on a oneon-one basis, to establishing a supportive relationship with 

such at-risk youth and to provide such at-risk youth with academic assistance and exposure to new experiences that enhance their ability to become responsible citizens. 

‘‘(5) HIGH-RISK AREA.—The term ‘high-risk area’ means a 

specified area within a State where there is a disproportionately high number of gang-related activities reported to State 

and local law enforcement authorities.’’. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WELCH

OF VERMONT, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 63, after line 17, insert the following new section (and redesignate the succeeding sections accordingly): 

SEC. 112. ENDOWMENT REPORTING. 

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

after section 135 (as added by section 111 of this Act) the following 

new section: 

‘‘SEC. 136. ENDOWMENT REPORTING. 

‘‘Each institution of higher education shall annually submit to 

the Secretary, in a form prescribed by the Secretary, a report on 

the expenditures made by such institution from any endowment 

funds of the institution for the purpose of reducing the costs of the 

programs of instruction offered by such institution, including the 

specific amounts expended for grants and other aid to reduce the 

amounts charged for tuition, fees, textbooks, meals, room and 

board.’’. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LANTOS

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 490, after line 13, insert the following new subsection: 

(g) ADDITIONAL TECHNICAL AMENDMENTS.—

(1) Section 711(a)(1) (20 U.S.C. 1135(a)) is amended by inserting ‘‘(including a masters degree)’’ after ‘‘leading to a graduate degree’’. 

(2) Section 712(a)(1) (20 U.S.C. 1135a(a)(1)) is amended by 

inserting ‘‘(including a masters degree)’’ after ‘‘leading to a 

graduate degree’’. 

(3) Section 713 (b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)) is amended by inserting ‘‘at the institution’’ before the semicolon at the 

end. 


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64 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE EDWARDS

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 63, after line 17, insert the following new section (and redesignate the succeeding sections accordingly): 

SEC. 112. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED 

FORCES ON ACTIVE DUTY AND DEPENDENTS. 

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

after section 135 (as added by section 111 of this Act) the following 

new section: 

‘‘SEC. 136. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED 

FORCES ON ACTIVE DUTY AND DEPENDENTS. 

‘‘(a) REQUIREMENT.—A member of the armed forces on active 

duty for a period of more than 30 days whose domicile or permanent duty station is in a State, and the dependents of such a member, may not be charged tuition for attendance at a public institution of higher education in that State at a rate that is greater than 

the rate charged for residents of that State. 

‘‘(b) CONTINUATION.—If a member of the armed forces, or a dependent of a member, pays tuition at a public institution of higher 

education in a State at a rate determined by reason of subsection 

(a), the provisions of subsection (a) shall continue to apply to such 

member or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in the permanent duty 

station of the member to a location outside the State. ‘‘(c) EFFECTIVE DATE.—This section shall take effect at each public institution of higher education in a State at the beginning of the 

first period of enrollment at that institution that begins more than 

90 days after the date of enactment of the Military Child College 

Affordability Act. ‘‘(d) DEFINITIONS.—For purposes of this section: ‘‘(1) STATE.—The term ‘State’ has the meaning given that 

term in section 103 of this Act. ‘‘(2) MILITARY DEFINITIONS.—The terms ‘armed forces’ and 

‘active duty for a period of more than 30 days’ have the meanings given those terms in section 101 of title 10, United States 

Code.’’. 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE EDDIE

BERNICE JOHNSON OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR

10 MINUTES

Page 249, after line 5, insert the following new subsection (and 

redesignate the succeeding subsections accordingly): 

(f) CALCULATION OF FEDERAL PELL GRANT ELIGIBILITY.—

(1) AMENDMENT.—Section 401(f) of the Higher Education Act 

of 1965 (20 U.S.C. 1070a(f)) is amended by adding at the end 

the following new paragraph: 

‘‘(4)(A) Notwithstanding paragraph (1) or any other provision 

of this section, the expected family contribution of each student 

described in subparagraph (B) shall be deemed to be zero for 

the period during which each such student is eligible to receive 

a Federal Pell Grant under subsection (c). 

‘‘(B) Subparagraph (A) shall apply to any student at an institution of higher education—


smartinez on PRODPC61 with REPORTS
65 

‘‘(i) whose parent or guardian was a member of the 

Armed Forces of the United States who died as a result of 

performing military service in Iraq or Afghanistan after 

September 11, 2001; and ‘‘(ii) who was 18 years or less, or was enrolled as a fulltime or part-time student at an institution of higher education, as of the time of the parent or guardian’s death.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall apply with respect to Federal Pell Grants awarded for 

academic year 2009–2010, and each succeeding academic year. 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE STUPAK

OF MICHIGAN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 335, after line 14, insert the following: 

‘‘(14) SUPERINTENDENTS, PRINCIPALS, AND OTHER ADMINISTRATORS.—Individuals who are school superintendents, principals, 

or other administrators for 5 consecutive complete school years 

in a school district of a local educational agency in which 30 

percent or more of the schools are schools that qualify under 

section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school. 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DOGGETT

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 367, after line 19, insert the following new section: 

SEC. 474. USE OF MOST RECENT TAX INFORMATION IN NEED ANALYSIS. 

Section 480(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 

1087vv(a)(1)), as amended by section 473 of this Act, is further 

amended by adding at the end the following new sentence: ‘‘Notwithstanding the preceding sentence, the Secretary shall, by regulation, provide for the use of the second preceding tax year when 

and to the extent necessary to carry out the simplification of applications used for the estimation and determination of financial aid 

eligibility through the sharing of data with the Internal Revenue 

Service with the consent of the taxpayer.’’. Page 395, line 17, strike ‘‘; REPORT’’; on line 18, strike ‘‘(a) 

SENSE OF CONGRESS.—’’; and on page 396, beginning on line 18, 

strike subsection (b). 

19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BAIRD OF

WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VIII of the bill, add the following new section: 

SEC. 814. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS. 

(a) STUDY REQUIRED.—The Secretary shall conduct a study on 

making and expanding the student aid available under title IV of 

the Higher Education Act of 1965 to less-than-half-time students. 

The Secretary shall submit a report on the results of such study, 

including the Secretary’s recommendations, to the authorizing committees not later than one year after the date of enactment of this 

Act. 


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66 

(b) SUBJECTS FOR STUDY.—The study required by this section 

shall, at a minimum, examine the following: 

(1) The existing sources of Federal aid for less-than-half-time 

students seeking a college degree or certificate. 

(2) The demand for Federal aid for less-than-half-time students and whether the demand is satisfied by existing sources 

of Federal aid, taking into consideration not only the number 

of less-than-half-time students currently seeking a college degree or certificate, but also any increase in the number of lessthan-half-time students that may result from an expansion of 

Federal aid for less-than-half-time students seeking a college 

degree or certificate. 

(3) The potential costs to the Federal Government and the 

potential benefits that could be received by students resulting 

from expanding Federal aid for less-than-half-time students 

seeking a college degree or certificate. 

(4) The barriers to expanding Federal aid for less-than-halftime students, including identifying—

(A) statutory and regulatory barriers, such as student 

eligibility, institutional eligibility, need analysis, program 

integrity, and award amounts; and 

(B) other factors that may limit participation in an expanded Federal aid program for less-than-half-time students. 

(c) RECOMMENDATIONS TO BE PROVIDED.—The Secretary’s recommendations under this section shall include recommendations 

for designing a demonstration student loan program tailored to 

less-than-half-time students. The recommendations shall include 

any required statutory or regulatory modifications, as well as proposed accountability mechanisms to protect students, institutions, 

and the Federal investment in higher education. 

(d) DEFINITIONS.—As used in this section: 

(1) the term ‘‘Secretary’’ means the Secretary of Education; 

(2) the term ‘‘authorizing committees’’ has the meaning provided in section 103 of the Higher Education Act of 1965, as 

amended by this Act; 

(3) the term ‘‘less-than-half-time student’’ means a student 

who is carrying less than one-half the normal full-time work 

load for the course of study that the student is pursuing, as determined by the institution such student is attending. 

20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE INSLEE OF

WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 365, after line 11, insert the following: 

SEC. 466. SENSE OF CONGRESS REGARDING PERKINS LOANS. 

It is the sense of Congress that—

(1) the Federal Perkins Loan Program, which provides lowinterest loans to help needy students finance the costs of postsecondary education, is an important part of Federal student 

aid, and should remain a campus-based aid program at colleges 

and universities; and 

(2) in order to strengthen the Federal Perkins Loan Program, the Federal Government should support increased funds 


smartinez on PRODPC61 with REPORTS
67 

to the Program and restore the capital contribution funds for 

the Program, to provide more low-income students with affordable borrowing options. 

Page 512, strike lines 4 through 7 and insert the following: 

‘‘(e) PROHIBITION.—No funds made available under this part may 

be used to provide financial assistance—

‘‘(1) to students who do not meet the requirements of section 

484(a)(5); or 

‘‘(2) to any institution of higher education after the date of 

enactment of this subsection unless the institution demonstrates to the Secretary that the institution meets or exceeds 

the most current version of ASHRAE/IES Standard 90.1 (as 

such term is used in section 342(a)(6) of the Energy Policy and 

Conservation Act (42 U.S.C. 6313(a)(6)) for any new facilities 

construction or major renovation of that institution after that 

date, except that this paragraph shall not apply with respect 

to barns or greenhouses or similar structures owned by the institution.’’. 

Page 658, line 22, after ‘‘energy management,’’ insert ‘‘greenhouse gas emissions reductions,’’. 

Page 661, line 15, after ‘‘energy management,’’ insert ‘‘greenhouse gas emissions reductions,’’. 

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CROWLEY

OF NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 346, after line 20, insert the following new section (and redesignate the succeeding sections accordingly): 

SEC. 427. LOAN FORGIVENESS FOR VOLUNTEER MENTORING. 

Part B of title IV is further amended by inserting after section 

428L (as added by the preceding section) the following new section: 

‘‘SEC. 428M. LOAN FORGIVENESS FOR VOLUNTEER MENTORING. 

‘‘(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) commits to volunteering as a mentor for a period of 

at least one school year as described in subsection (b); 

‘‘(B) attends a recognized community college; and 

‘‘(C) 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). 


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68 

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

such regulations as may be necessary to carry out the provisions of this section. ‘‘(b) VOLUNTEER MENTORING.—For purposes of this section, an individual shall be treated as participating in a volunteer mentoring 

program if they commit to mentoring an at-risk child for a period 

of not less than one school year. ‘‘(c) QUALIFIED LOAN AMOUNT.—At the end of each school, academic, or calendar year of volunteering as a mentor on or after the 

date of enactment of the College Opportunity and Affordability Act 

of 2007 as described in subsection (b), not to exceed 5 years, the 

Secretary shall forgive $10 of the student loan obligation of a borrower that is outstanding after the completion of each such school, 

academic, or calendar year of employment, for every hour of mentoring committed, 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.’’. 

22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COOPER

OF TENNESSEE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 244, line 7, strike ‘‘$300,000,000’’ and insert ‘‘$500,000,000’’; 

and on line 11, strike ‘‘$100,000,000’’ and insert ‘‘$125,000,000’’. 

23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RYAN OF

OHIO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VIII of the bill, add the following new section: 

SEC. 814. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL RENTAL. 

(a) PILOT GRANT PROGRAM.—From the amounts appropriated 

pursuant to subsection (e), the Secretary shall make grants on a 

competitive basis to not more than 10 institutions of higher education to support pilot programs that expand the services of bookstores to provide the option for students to rent course materials 

in order to achieve savings for students. 

(b) APPLICATION.—An institution of higher education that desires 

to obtain a grant under this section shall submit an application to 

the Secretary at such time, in such form, and containing or accompanied by such information, agreements, and assurances as the 

Secretary may reasonably require. 

(c) USE OF FUNDS.—The funds made available by a grant under 

this section may be used for—

(1) purchase of course materials that the entity will make 

available by rent to students; 

(2) any equipment or software necessary for the conduct of 

a rental program; 

(3) hiring staff needed for the conduct of a rental program, 

with priority given to hiring enrolled undergraduate students; 

and 

(4) building or acquiring extra storage space dedicated to 

course materials for rent. 


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69 

(d) EVALUATION AND REPORT.— (1) EVALUATIONS BY RECIPIENTS.—After a period of time to be 

determined by the Secretary, each institution of higher education that receives a grant under this section shall submit a 

report to the Secretary on the effectiveness of their rental programs in reducing textbook costs for students. 

(2) REPORT TO CONGRESS.—Not later than September 30, 

2010, the Secretary shall submit a report to Congress on the 

effectiveness of the textbook rental pilot programs under this 

section, and identify the best practices developed in such pilot 

programs. Such report shall contain an estimate by the Secretary of the savings achieved by students who participate in 

such pilot programs. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section $50,000,000 for fiscal year 

2009 and 2010. 

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VAN

HOLLEN OF MARYLAND, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of section of section 271 of the Higher Education Act 

of 1965, as added by section 201 of the bill, add the following new 

subsection: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of the sums authorized 

to be appropriated by section 240, the amount authorized to be appropriated to carry out this section shall not exceed— ‘‘(1) $20,000,000 for fiscal year 2009; 

‘‘(2) $25,000,000 for fiscal year 2010; and 

‘‘(3) such sums as may be necessary for each of the 3 succeeding fiscal years’’. 

25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

GILLIBRAND OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR

10 MINUTES

Page 406, line 17, strike ‘‘and’’ and after such line insert the following new paragraph (and redesignate the succeeding paragraph 

accordingly): 

(2) in subparagraph (C), by striking clauses (i) and (ii) and 

inserting the following: 

‘‘(i) the law enforcement authority of campus security personnel; 

‘‘(ii) the working relationship of campus security 

personnel with State and local law enforcement agencies, including whether or not the institution has a 

written agreement, such as a memorandum of understanding, with such agencies; 

‘‘(iii) the institution’s plan, which shall address coordination with State and local law enforcement agencies, for the investigation of—

‘‘(I) any felony described in subparagraph (F) of 

this paragraph occurring in the areas described in 

subparagraphs (A) through (D) of paragraph (12) 

of this subsection; and 


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70 

‘‘(II) a report of a missing student; and 

‘‘(iv) policies which encourage accurate and prompt 

reporting of all crimes to the campus police and the 

appropriate police agencies;’’. 

26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PATRICK

MURPHY OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

In section 490, after subsection (d), insert the following new subsection (and redesignate the succeeding subsection accordingly): 

(e) COMMITMENT TO AND NOTICE OF TUITION LEVELS.—

(1) AMENDMENT.—Section 487(a) is further amended by adding at the end the following new paragraph: 

‘‘(29)(A) The institution will provide to each admitted student 

considering an undergraduate or graduate program—

‘‘(i) a multi-year tuition and fee schedule; or 

‘‘(ii) a single-year tuition and fee schedule, and nonbinding, multi-year estimate of net costs after all financial 

aid is awarded, assuming constant family and student income, assets, and relevant circumstances. 

‘‘(B) Multi-year schedules and estimates required by subparagraph (A)—

‘‘(i) may include a percentage or dollar increase or decrease of any size the institution deems appropriate from 

one year to the next; and 

‘‘(ii) shall indicate, on a year-by-year basis, costs for the 

normal duration of the relevant student’s undergraduate 

or graduate program. 

‘‘(C) Institutions that elect a single-year tuition and fee 

schedule under subparagraph (A)(ii) shall include with each 

multi-year estimate the average deviation, in percentage 

terms, between previous year estimates and actual net costs 

for students at their institution. 

‘‘(D) The Secretary shall waive the requirements of subparagraph (A), and of the commitment made therender, if the institution demonstrates to the Secretary that the requirements of 

subparagraph (A) are not practicable because of the occurrence 

of one or more events causing the institution severe economic 

distress, dramatic reduction of State or Federal aid, or any 

other circumstance the Secretary deems valid.’’. 

(2) EFFECTIVE DATE.—The amendment made by this subsection shall be effective on July 1, 2009. 

27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHULER

OF NORTH CAROLINA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

After section 111 of the bill, insert the following new section (and 

redesignate the succeeding sections accordingly): 


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71 

SEC. 112. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 

PROGRAM. 

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

after section 135 (as added by section 111 of this Act) the following 

new section: 

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

PROGRAM. 

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

pilot program to assist not more than 5 States to develop Statelevel postsecondary student data systems to—

‘‘(1) improve the capacity of States and institutions of higher 

education to generate more comprehensive and comparable 

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

the State level and to evaluate the effectiveness of institutional 

performance while protecting the confidentiality of students’

personally identifiable information; and 

‘‘(2) identify how to best minimize the data-reporting burden 

placed on institutions of higher education, particularly smaller 

institutions, and to maximize and improve the information institutions receive from the data systems, in order to assist institutions in improving educational practice and postsecondary 

outcomes. 

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

‘eligible entity’ means—

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

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

consortium of individual institutions of higher education, that 

is broadly representative of institutions in different sectors and 

geographic locations. 

‘‘(c) COMPETITIVE GRANTS.—

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

grants, on a competitive basis, to not more than 5 eligible entities to enable the eligible entities to—

‘‘(A) design, test, and implement postsecondary student 

data systems that provide the maximum benefits to States, 

institutions of higher education, and State policymakers; 

and 

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

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

for a period of not more than 3 years. 

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

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

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

is protected and that individually identifiable information 

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

families remains confidential in accordance with the Family 

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

and 

‘‘(2) how the activities funded by the grant will be supported 

after the 3-year grant period. 


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

used to—

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

comprehensive postsecondary student data system with the capacity to transmit student information within States; ‘‘(2) improve the capacity of institutions of higher education 

to analyze and use student data; ‘‘(3) select and define common data elements, data quality, 

and other elements that will enable the data system to— ‘‘(A) serve the needs of institutions of higher education 

for institutional research and improvement; ‘‘(B) provide students and the students’ families with 

useful information for decision-making about postsecondary education; ‘‘(C) provide State policymakers with improved information to monitor and guide efforts to improve student outcomes and success in higher education; ‘‘(4) estimate costs and burdens at the institutional level for 

reporting to the postsecondary student data system; and ‘‘(5) test the feasibility of protocols and standards for maintaining data privacy and data access. ‘‘(f) EVALUATION; REPORTS.—Not later than 6 months after the 

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

the Secretary shall— ‘‘(1) conduct a comprehensive evaluation of the pilot program 

authorized by this section; and ‘‘(2) report the Secretary’s findings, as well as recommendations regarding the implementation of State-level postsecondary student data systems to the authorizing committees. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

necessary for fiscal year 2009 and each of the 4 succeeding fiscal 

years.’’. 

Æ 


smartinez on PRODPC61 with REPORTS